The present Congress passed a bill of great importance, severing the ownership of coal by the Government in the ground from the surface and permitting homestead entries upon the surface of the land, which, when perfected, gives the settler the right to farm the surface, while the coal beneath the surface is retained in ownership by the Government and may be disposed of by it under other laws.
There is no crying need for radical reform in the methods of disposing of what are really agricultural lands. The present laws have worked well. The Enlarged Homestead Law has encouraged the successful farming of lands in the semi-arid regions. Of course the teachings of the Agricultural Department as to how these sub-arid lands may be treated and the soil preserved for useful culture are of the very essence of Conservation. Then the conservation of agricultural lands is shown in the reclamation of arid lands by irrigation, and I should devote a few words to what the Government has done and is doing in this regard.
By the Reclamation Act a fund has been created of the proceeds of the public lands of the United States with which to construct works for storing great bodies of water at proper altitudes from which, by a suitable system of canals and ditches, the water is to be distributed over the arid and sub-arid lands of the Government to be sold to settlers at a price sufficient to pay for the improvements. Primarily the projects are and must be for the improvement of public lands. Incidentally, where private land is also within the reach of the water supply, the furnishing at cost of operation of this water to private owners by the Government is held by the federal Court of Appeals not to be a usurpation of power; but certainly this ought not to be done except from surplus water not needed for Government land. About thirty projects have been set on foot, distributed through the public-land States, in accordance with the Statute, by which allotments from the reclamation fund are required to be, as nearly as practicable, in proportion to the proceeds from the sale of the public lands in the respective States.
The total sum already accumulated in the reclamation fund is $60,273,258.22, and of that all but $6,491,955.34 has been expended. It became very clear to Congress at its last session, from the statements made by experts, that these thirty projects could not be promptly completed with the balance remaining on hand, or with the funds likely to accrue in the near future. It was found, moreover, that there are many settlers who have been led into taking up lands with the hope and understanding of having water furnished in a short time, who are left in a most distressing situation. I recommended to Congress that authority be given to the Secretary of the Interior to issue bonds in anticipation of the assured earnings by the projects, so that the projects, worthy and feasible, might be promptly completed and the settlers might be relieved from their present inconvenience and hardship (applause). In authorizing the issue of these bonds, Congress limited the application of their proceeds to those projects which a board of army engineers, to be appointed by the President, should examine and determine to be feasible and worthy of completion. The board has been appointed, and soon will make its report.
Suggestions have been made that the United States ought to aid in the drainage of swamp lands belonging to the States or private owners, because, if drained, they would be exceedingly valuable for agriculture and contribute to the general welfare by extending the area of cultivation. I deprecate the agitation in favor of such legislation. It is inviting the general Government into contribution from its treasury toward enterprises that should be conducted either by private capital or at the instance of the State (applause). In these days there is a disposition to look too much to the Federal Government for everything (applause). I am liberal in the construction of the Constitution with reference to Federal power (applause); but I am firmly convinced that the only safe course for us to pursue is to hold fast to the limitations of the Constitution, and to regard as sacred the powers of the States (great applause and cheers). We have made wonderful progress, and at the same time have preserved with judicious exactness the restrictions of the Constitution. There is an easy way in which the Constitution can be violated by Congress without judicial inhibition, to-wit, by appropriations from the National treasury for unconstitutional purposes. It will be a sorry day for this country if the time ever comes when our fundamental compact shall be habitually disregarded in this manner. (Applause)
MINERAL LANDS
By mineral lands, I mean those lands bearing metals, or what are called metalliferous minerals.
The rules of ownership and disposition of these lands were first fixed by custom in the West, and then were embodied in the law, and they have worked, on the whole, so fairly and well that I do not think it is wise now to attempt to change or better them. The apex theory of tracing title to a lode has led to much litigation and dispute, and ought not to have become the law, but it is so fixed and understood now that the benefit to be gained by a change is altogether outweighed by the inconvenience that would attend the introduction of a new system. So too, the proposition for the Government to lease such mineral lands and deposits and to impose royalties might have been, in the beginning, a good thing, but now that most of the mineral land has been otherwise disposed of—I do not refer here to coal land or gas land or oil land or phosphate land—it would hardly be worth while to assume the embarrassments of a radical change.
FOREST LANDS
Nothing can be more important in the matter of Conservation than the treatment of our forest lands. It was probably the ruthless destruction of forests in the older States that first called attention to the necessity for a halt in the waste of our resources. This was recognized by Congress by an act authorizing the Executive to reserve from entry and set aside public timber lands as National forests. Speaking generally, there has been reserved of the existing forests about 70 percent of all the timber lands of the Government. Within these forests (including 26,000,000 acres in two forests in Alaska) are 192,000,000 acres, of which 166,000,000 acres are in the United States proper and include within their boundaries something like 22,000,000 acres that belong to the States or to private individuals. We have, then, excluding Alaskan forests, a total of about 144,000,000 acres of forests belonging to the Government, which are being treated in accord with the principles of scientific forestry. The law now prohibits the reservation of any more forest lands in Oregon, Washington, Idaho, Montana, Colorado and Wyoming, except by act of Congress. I am informed by the Department of Agriculture that the Government owns other tracts of timber lands in these States which should be included in the forest reserves. I expect to recommend to Congress that the limitation herein imposed shall be repealed (applause). In the present forest reserves there are lands which are not properly forest land, and which ought to be subject to homestead entry. This has caused some local irritation. We are carefully eliminating such lands from forest reserves or, where their elimination is not practicable, listing them for entry under the forest homestead act.