Page:U.S. Department of the Interior Annual Report 1877.djvu/26

XXIV I desire also to invite special attention to the fact that a large number of the grants of the public lands made to aid in the construction of railroads, and of various works of internal improvement, have expired by limitation.

The lands embraced within the limits of these grants have, in most cases, been withdrawn from sale and disposal by the government, and must necessarily remain in that condition until some action is taken to declare a forfeiture of the grant, and restore the lands to the public domain.

The Supreme Court of the United States has decided (see Schulenburg vs. Harriman, 21 Wall., page 44) that where a grant of land is made, and acquires precision by definite location, so that the right to specific tracts vests in the grantee, it will continue until some legislative or judicial action is taken to declare a forfeiture, notwithstanding the time prescribed for the performance of the conditions subsequent may have expired.

A less expensive and more expeditious mode of disposing of these lapsed grants would be to authorize the Land Department, by an act of Congress, under proper restrictions and limitations, to take possess i on of the lands in the name of the United States, and declare them subject to sale and disposal after a proper notice by publication.

I respectfully invite attention to the recommendations made by the Commissioner of the General Land Office concerning the surveys of public lands. He suggests: “1. The consolidation of all the offices of surveyors-general into one, which shall be located in Washington. 2. The abolition of the contract system. 3. The appointment of a surveyor-general of the United States, who shall be authorized to appoint as many assistants as may be required to make the surveys as fast as may be deemed necessary or provided by law.”

I fully concur with the Commissioner in these recommendations, is the experience of this department that the present system of conducting surveys has proved to be an extensive machinery for spending appropriations without a corresponding benefit to the country. Large sums have been wasted in laying out the desert into small farm-lots. A reorganization of this branch of the service, for reasons of economy as well as to facilitate a more direct supervision of the work done, appears very desirable. The presentation of the subject in the report of the Commissioner is respectfully commended to the consideration of Congress.

The facts and figures herein set forth are compiled from the annual reports of the companies.

The capital stock of the Union Pacific Railroad Company amounts to $36,762,300, and has all been paid in. Certificates for full-paid stock