REPORT OF THE COMMISSIONER OF THE GENERAL LAND OFFICE. LETTER OF THE COMMISSIONER OF THE GENERAL LAND OFFICE TRANSMITTING HIS ANNUAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1880. DEPARTMENT OF THE INTERIOR, October 18, 1880. SIR: I have the honor to transmit herewith the annual report of this office, showing the business transacted during the fiscal year ending with the 30th of June, 1880, and the condition of business at that time, under the laws for the survey and disposal of the public lands of the United States. The operations described extended to the States of Alabama, Arkansas, California, Colorado, Florida, Iowa, Indiana, Illinois, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, Ohio, Oregon, Wisconsin, and the Territories of Arizona, Dakota, Idaho, Montana, New Mexico, Utah, Washington, and Wyoming. The instrumentalities made use of embraced sixteen surveying districts, with their general and deputy surveyors, and ninety-five land districts, with their district land offices and attendant registers and receivers, all acting under the supervision and direction of the General Land Office. In the States of Ohio, Indiana, and Illinois Congress abolished the offices of registers and receivers by its act of July 21, 1876, and it has since devolved upon the Commissioner of this office to act as register and receiver ex officio in regard to the remnant of public land therein under the act of March 3, 1877. During the fiscal year there were surveyed of public lands an aggregate of 15,699,253 acres, besides 652,151.37 acres of private land claims, showing an increase in the former of 7,253,471 acres over the previous fiscal year. This great increase of public lands surveyed is attributed to the operation of the act of March 3, 1879, amendatory of section 2403 of the United States Revised Statutes, which admits of surveys being made on deposits by individuals of the estimated costs, and makes the certificates issued on such deposits assignable by the depositors and receivable from settlers in payment for public lands. The total area of public lands surveyed from the beginning of operations up to the 30th June, 1880, the close of the last fiscal year, is 752,557,195 acres, leaving an estimated area then unsurveyed of 1,062,231,727 acres. The disposals of public lands during the fiscal year ending June 30, 1880, embrace an aggregate of 14,792,371.65 acres, being an increase of 5,458,988.36 acres over the previous fiscal year. In this aggregate are included of cash sales 850,740.63 acres, an increase of 228,166.67 acres over the previous fiscal year; of homestead entries, 6,045,570.60 acres, an increase of 785,459.31 acres; and of timber culture entries, 2, 193,184.12 29 IN 405 acres, which is a decrease of 573,389.81 acres as compared with the previous fiscal year. During the fiscal year ending June 30, 1880, there were patented to States as swamp, under the act of September 28, 1850, or approved as such to Louisiana under the act of March 2, 1849, which has the effect of a patent, 3,757,888.99 acres, being an increase over the quantity so patented during the previous fiscal year of 3,682,500.91 acres. During the fiscal year there were certified for railroad purposes 1,157,375.01 acres, an increase, as compared with the previous fiscal year, of 879,040.90 acres; certified for wagon road purposes, 19,485.14 acres. The amount of moneys received during the fiscal year ending June 30, 1880, from various sources, is $2,290,161.60, exceeding the receipts of the previous fiscal year by $407,048.04. The transactions of the fiscal year are particularly set forth in accompanying papers, which will be found to include reports from the sixteen surveyors general, summaries in tabular form of the surveying operations and operations of the district land offices in the disposals of public lands, and reports made up by the several heads of divisions in this office, embodying a variety of information relating to the work performed in their respective divisions. I deem it appropriate for me here to submit some remarks with reference to the disadvantages under which the General Land Office labors in performing the important duties with which it is charged, in consequence of existing conditions with regard to its clerical force, and in other respects-a matter which has heretofore been made the subject of remark alike by myself and some of my predecessors. Hon. Willis Drummond was appointed Commissioner of this office February 13, 1871. In his first annual report (see General Land Office Report for 1871, page 6) he said: Upon assuming control of this office in the month of February last, I found nearly every branch of the business greatly in arrears. As almost, if not quite, the entire clerical force of the office is requisite and necessary to the prompt and proper execntion of current work, the task of bringing up the business thus found in arrears has been a difficult one. Such progress has been made, however, as to justify the belief that this work may be accomplished in time with the force at present employed; but I am fully satisfied that it would be to the interest of both the government and parties having business with this office for Congress to provide for a temporary increase of the clerical force, as, with such increase, a large amount of business which has been in arrears for months and years could be brought up immediately, and a great saving of time to the government and of expense to parties affected thereby. In Commissioner Drummond's annual report of 1872, page 5, he said; In my last annual report I referred to the fact that when I assumed control of the General Land Office in February, 1871, nearly every branch of the business was largely in arrears. The returns of local land offices remained unposted for periods ranging from several months to two years. The adjustment of registers' and receivers' accounts was in a similar condition. The field notes of township surveys, to which it is necessary to make frequent reference, had not been indexed for ten years. About 47,000 pieces of agricultural college scrip which had been located remained on the files of the office uncanceled, and, consequently, in such a condition as to involve the risk of its being abstracted and disposed of fraudulently. Notwithstanding the current business of the office has increased constantly and rapidly, all these arrears and many others have been brought up, and such progress made in the disposition of suspended and contested cases as to justify the belief that by the end of the present fiscal year they will be adjusted, and that thereafter parties who purchase lands of the government will not, as heretofore, be subjected to the suspense, anxiety, and loss consequent upon a delay of half a dozen years or more in the adjustment of their entries. These results are mainly attributable to the industry and faithfulness of the clerks employed in the office, many of whom not only performed what was required of them, but voluntarily contributed much of their time after office hours to the service of the govern ment. I beg leave to repeat the suggestions made in my last annual report in relation to the reorganization of the clerical force and appointment of special agents. When the vast extent of the public domain is taken into consideration, and when it is remembered that the validity of title to each and every tract on which a home may be made depends upon the accuracy with which the first details of transfer from the government to its grantees are executed, the importance of exercising critical care in the adjustment of all matters pertaining to the disposal of public lands will be apparent. There is not an owner of a home in many of the States in the prosperous valley of the Mississippi, nor in the rapidly growing regions beyond that river, who does not depend upon the records of this bureau for evidence to complete the chain of title by which his home is held. Even from those regions of the West which have been peopled for the greatest length of time, this office is in constant receipt of applications for certified transcripts of records affecting the validity of title to lands which for ten, twenty, and even fifty years, have been under cultivation. Were every acre of land now owned by the government sold or otherwise disposed of, there would still be ample necessity for the perpetuation of this bureau, with a clerical force by no means small, to afford information and furnish papers respecting the original transfer of title from the goverment. In many instances the necessity for these transcripts of records arises from errors and inadvertencies, either in construing laws or in the execution of the details of transfer, both of which inevitably lead to expensive and protracted litigation. With a view to prevent, as far as may be possible, the further occurrence of such cases, I am impelled to call your attention, with the hope that proper legislation to meet the case may be invoked, to the great importance of placing within the reach of this burean the means of securing such clerical aid as may be equal to a proper adjustment of the important questions constantly arising before it. The work of the bureau should not only be done, but it should be done well. When performed imperfectly it requires double labor to make corrections, and parties are subjected to vexations delays and unnecessary expense in matters which it is the duty of the government to render as speedy, simple, and inexpensive as possible. A knowledge of the laws and rulings of the land system cannot be acquired in a day, but it takes as long and careful study as to acquire a knowledge of any of the professions, and also much experience before the necessary degree of proficiency is attained. When clerks have once gained this knowledge and experience their services are invaluable to the government; but it is difficult to retain them, for the reason that the utterly inadequate salaries now paid too often fail to induce the more competent clerks to remain in the burean after becoming fully conversant with the laws and departmental rulings relating to our land system, there being always more advantageous opportunities to exercise that knowledge in legitimate pursuits ontside of the office, at rates of compensation with which the government, under existing laws, cannot compete. The statutes relating to publie lands are numerous and complicated. In construing them, and in the adjustment of adverse claims arising under them, the questions this office is required to decide are sufficiently intricate to demand the best legal ability. The interests at stake are almost invariably of great moment, in most cases involving the lawful and peaceable possession and enjoyment of the lands of men struggling through poverty to secure, by hard industry, for themselves and families a home. To dispose of these questions in a proper manner, competent clerks should be employed and retained. This cannot be done for the compensation now allowed by law. The heads of the various divisions of the bureau are charged with a responsibility second only to the head of the bureau, and should, in my opinion, receive a salary of not less than $2,400 per annum. The number of clerks of the higher grades should be increased; a proportionate number could be taken from the clerks of the first class. Under a reorganization like this the work will be done better, and there will be an actual saving of time and money by the avoidance of errors in its execution. In Commissioner Drummond's report for 1873, page 5, he said: Notwithstanding this increase in the survey and sale of lands, which involves a corresponding increase in the work of this office, I have thus far been able to transact the current business and largely reduce the vast accumulation of unfinished work which I found on assuming control of the office, and to which I have alluded in previous reports, and the work of the office is now well advanced in most of its branches. The adjustment of ex parte homestead and pre-emption cases is now kept up to current dates. The number of contested cases awaiting adjustment has been much reduced, but, owing to the insufficiency of the clerical force, this class of work still remains somewhat in arrears. When I took charge of the office there was a large accumulation of California private Ind claims unadjusted. This accumulation has been removed, and at this time only four cases are awaiting examination. Not withstanding the satisfactory progress thus far made in bringing up arrearages, the business of the office is increasing so rapidly as to justify the conclusion that present arrearages cannot be brought up and the current business of the office transacted promptly without a thorough reorganization and increase of the clerical force of this bureau. I therefore respectfully, but earnestly, renew the recommendations made by me on this point in my last annual report. In the annual report for 1874, page 7, Commissioner Burdett said: In the annual reports of my immediate predecessor for the years 1871 and 1872, the necessity for a thorough reorganization and increase of the clerical force of the General Land Office was adverted to and discussed at length. I do not deem it essential to reiterate in form the facts and reasons by him clearly set forth in support of that necessity. My own experience amply justifies the belief that the urgency of his statement was moderate in view of the facts. Though very much was done during the efficient administration of the affairs of the office for the past three years to correct the evils flowing out of the accumulation of business theretofore existing, I am yet almost daily made painfully aware of the fact that both the public and private interests are suffering on account of a lack of adequate clerical force, and while I appreciate the purposes of economy which thus far prevailed against the urgent representations heretofore made to Congress on the subject, I must yet discharge my imperative duty in the premises by declaring that with the existing organization and force I am not able to execute the laws relating to the disposal of the public domain with that efficiency and economy demanded for the protection of both the public and individual interests. In Commissioner Burdett's annual report for 1875, page 21, he said: In my last annual report, and in those of my immediate predecessor for the years 1871, 1872, and 1873, the necessity for a thorough reorganization and increase of the clerical force of the General Land Office was urged as indispensable to the proper transaction of its business. These representations resulted in provision being made by the last Congress for such increase in the number of clerks as has enabled me to put the business of the office in better condition than it has heretofore been for the past twenty years. The current work is now dispatched with as great rapidity as is consistent with accuracy and safety to public and private interests. There remains, however, large accumulations of old suspended cases, which, from their nature, are difficult and slow of adjustment. They require the attention of the most competent and experienced of the office force. It is to be regretted that the final adjustment of these cases must be still longer delayed, owing to the want of a sufficient number of skilled men to take charge of their final disposition. I deem it my duty to again urge that steps be taken to bring to the notice of Congress the necessity of the reorganization of the clerical force heretofore referred to. I have no hesitation in declaring it to be my judgment that, considering the large body of laws to be administered, the manifold forms of proofs to be examined, the wachfulness against fraud constantly required, the immensity of the trust imposed, and the special skill and learning required in the settlement of the foundations, as is here done, of the titles of the whole estate of the people in lands derived from the government, places this bureau in a position of importance second to none other, and entitles it to an organization commensurate with the interests it is intended to subserve. It will be found, however, on comparison, that it is still restricted within the meager wants of its early organization, and that the salaries of its employés are among the lowest provided for the public service. OFFICE ROOM. The question of room for the use of this bureau has become an important one. There is now urgent need for larger space for the proper, safe, and economical transaetion of its business and the preservation of its records. The space available for desks is now overcrowded; the file-rooms are filled to their utmost capacity; the meager space now available for desks and files has been preserved by thrusting out into the public halls of the department building some of the most important records of the office; should they be returned to the proper rooms, where they are in hourly demand, and where upon every consideration of their great value and importance they ought, for safety, to be, there would be left no working space whatever. The records thus insecurely placed are mainly the "tract books." They are the only indexes found in the General Land Office by which its varied transactions can be traced, and are in themselves, in a large sense, the original evidences of title to an estate found by the last census to be valued at $4,749,409,940. The relief which this system of storage has heretofore given has reached its utmost limit; space in the halls available for the purpose is now exhausted, and the daily accumulation of letters, returns, and records must henceforward trench on the now too limited working-room unless relief can be found by the assignment of additional rooms within the department building. These records are of too great importance to be deposited in buildings outside the department, unless constructed specially for such purpose with a view to safety from fire, and even as now arranged in the department they are insecure from mutilation. In my first annual report, 1876, page 14, I said: Upon assuming the office of Commissioner I found a clerical force that had been considered by my predecessors in office inadequate to the efficient and prompt discharge of the work pertaining to it. Since then Congress, by act approved August 15, 1876. reduced the force more than 25 per cent., making it less at this time than it has been since the reorganization of the office by act of Congress approved March 3, 1855, while the business of the office is constantly increasing as new legislation is added to existing laws governing the disposition of the public lands, as evidenced by the multifarious railroad land-grants, the pre-emption and homestead laws, with their amendments, the timber-culture act, and the various Congressional grants for internal improvement, all tending to complicate and increase the work of this bureau. I find, moreover, upon comparing the salaries allowed clerks in this bureau with those allowed to clerks in other bureaus under the control of the Secretary of the Interior that they are much lower, as the following table will show: Tabular statement showing the number of clerks in each bureau of the Department of the Interior and salaries allowed by law. This year the Land Office is authorized by law to employ 145 clerks, including a chief clerk, recorder, and law clerk, at a yearly salary of $2,000 each; 3 principal elerks at $1,800; 5 clerks of class 4; 23 of class 3; 41 of class 2; and 70 of class 1. thus making 8 clerks who receive a salary of $1,800 each, or about 1 in 20 of the whole |