Page:U.S. Department of the Interior Annual Report 1873.djvu/17

Rh of which provides, "That any person who shall plant, protect, and keep in a healthy, growing condition, for ten years, forty acres of timber, the trees thereon not being more than twelve feet apart each way, on any quarter-section of any of the public lands of the United States, shall be entitled to a patent for the whole of the said quarter-section, at the expiration of said ten years, on making proof of such fact by not less than two credible witnesses: Provided, That only one quarter in any section shall be thus granted."

The Commissioner of the General Land-Office, in preparing rules and regulations under the sixth section of the above act, in order to carry its provisions into effect, refused to permit more than one entry of a quarter-section to be made by any one person.

It is claimed, on the other hand, that this act permits any person to make entry of as many quarter-sections as he sees fit.

While it may not be perfectly clear that the ruling of the Commissioner is according to the true legal interpretation of the act, it seems to me that it is in accord with the general purpose of Congress in disposing gratuitously of the public domain, and that to allow a contrary interpretation would be to encourage the incumbrance of the public domain, by entries of this character to a large amount, by persons whose circumstances enable them to make the necessary expenditures, whereby the public lands would be withdrawn from the free and easy settlement now secured to persons of moderate means; and that, in this manner, considerable inconvenience and injustice to pre-emptors and homestead-settlers would necessarily ensue.

I have deemed it best, therefore, to sustain the construction put upon the act by the Commissioner of the General Land-Office, and, in this manner, to invite the attention of Congress to the subject, so that, if deemed necessary, they may declare distinctly the right of any one individual to make as many locations as he sees fit under the aforesaid act.

During the year ending September 30, 1873, there were filed in the Patent Office 20,354 applications for patents, including re-issues and designs; 283 applications for the extension of patents; and 519 applications for the registering of trade-marks. Twelve thousand nine hundred and seventeen patents, including re-issues and designs, were issued, 235 extended, and 965 allowed but not issued by reason of non-payment of the final fee; 3,274 caveats were filed, and 475 trade-marks registered. The fees during the same period from all sources amounted to $701,626.72, and the total expenditure to $699,449.69, making the receipts $2,177.03 in excess of the expenditure. The appropriation asked for the fiscal year ending June 30, 1875, is $693,500.

The excess of receipts over expenditures for said year is not,