Second. The abolition of the contract system. Third. The appointment of a surveyor general of the United States, who shall be authorized to appoint as many assistants as may be required to personally make the surveys as fast as may be deemed necessary or provided for by law. SURVEY OF ISLANDS AND BEDS OF MEANDERED LAKES, SLOUGHS, AND PONDS. The survey of small islands in navigable meandered waters in the States where the offices of surveyors general had been closed and no appropriation of funds applicable for the purpose had been provided, was authorized by this office in 1868, to be executed at the expense of the applicant. Office circular of June 10, 1868, (revised December 1, 1874,) embodied the regulations governing such surveys. The applicant is required to describe the particular island requested to be surveyed, with reference to the lines of public surveys adjoining the same, to furnish affidavits of disinterested persons of the existence of such lands, and to deposit the requisite amount to cover the cost of the survey; but with the understanding that the payment for such survey would confer no preferenceright in the purchase of the land, such lands when surveyed being held subject to homestead and pre-emption rights under existing laws. July 13, 1874, a circular was issued prescribing regulations for the survey of beds of lakes, (not navigable,) sloughs, and pounds over which the lines of the public survey were not extended at the date of the original survey, but which from the presence of water at the date of such survey were meandered, but which have become dry land sufficiently for agricultural purposes, by evaporation or from other causes. These regulations were similar in their requirements to those for the survey of islands. Such islands and beds of lakes, sloughs, ponds, or bayous were held to be public lands, the property of the United States. The regulations embraced in these circulars were not new in their substance, but were simply a formulation of the pre-existing practice of the office theretofore administered with reference to the class of lands to which they were applicable. I found surveys which had been made under these instructions pending before the Department when I assumed my present official position, and have permitted them to be treated, as was contemplated by the instructions, as a matter of good faith to parties interested; but after a careful consideration the conclusion is reached that not only is there no specific enactment which authorizes this action as set forth in the instructions above referred to, but there is grave doubt whether the United States has any claim to such islands or dried up lake beds, and whether they do not come under the sovereignty of the States respectively within the limits of which they are situated, and it was therefore determined that such surveys should not further be authorized. Aside from this question of title there are many other important considerations connected with this subject. It is impossible, from anything in the possession of this office, to arrive at anything like a correct computation of the number of these islands and surveyable lake beds; but there is sufficient to warrant the statement that the number is quite large and is constantly increasing. They are often found in localities which, from nearness to growing cities or villages, or from being within thickly and long settled neighborhoods, gave them a high value, and they became, as this office has had experience, objects of contention and strife, and affect the interests of whole communities. The labor that will be imposed upon this office if the past system should be continued, would be very great, and I therefore am of the opinion that let the title rest where it may, Congress should pass an act transferring any title the United States may possess to the respective States, when such lands can become subject to the operation of State laws. The whole subject is worthy the attention of Congress, and indeed both public and private interests require its early attention. ADJUSTMENT OF SWAMP LAND GRANTS UNDER THE ACT OF CON GRESS APPROVED MARCH 2, 1849, SEPTEMBER 28, 1850, AND MARCH 12, 1860. The act of September 20, 1850, has been held by the Supreme Court to have been a present grant. The act provides that it shall be the duty of the Secretary of the Interior to make accurate lists and plats of the same, and transmit them to the governors of States, and at their request to issue patents therefor. The provisions of the law have not been fully carried out, nor have the grants to the several States been adjusted. Lapse of time makes the adjustment more difficult. Many States are demanding their rights under the act, and, at the present rate of settlement, years must elapse before the swamp and indemnity lands can be ascertained. The quantity of land selected for the several States under the acts of March 2, 1849, September 28, 1850, and March 12, 1860, is 67,683,045.76 acres; of this quantity 51,315,355.59 acres have been approved, and of the approved selections 47,923,306.91 acres have been patented. There remains of the approved lands 3,392,048.68 acres to be patented, and of the selected lands 16,367,690.17 acres remain to be approved and patented. Under existing regulations of the Department these lands, which are distributed among the States from Florida to Oregon, must be examined in the field before approval. Many years must elapse before this can be done, unless Congress will appropriate money for a larger clerical force. I have now but one agent in the field, and have to pay his expenses out of the contingent fund of the bureau. There should be at least forty efficient men engaged on this work. The extent of the grant should be ascertained at the earliest possible date, and the lands passing under the grant should be conveyed to the several States. I therefore recommend that you call special attention of Congress to this matter, and urge an appropriation sufficient to insure a speedy adjustment of this grant. LAPSED RAILROAD GRANTS BY REASON OF NON COMPLETION. A large number of grants for railroad purposes have expired by limitation, the roads for whose benefit they were made not having been constructed within the period prescribed by law; and I desire to invite attention to this subject which, though deserving of special consideration, has never heretofore been presented to Congress. Most, if not all, grants contain clauses limiting the time within which the work of building the roads shall be performed, and recite that in the event of a failure on the part of the companies to comply with the conditions imposed, the "lands shall revert to the Government." A case involving this question was brought to the Supreme Court from Wisconsin, and that body, at its October term of 1874, declared that such clause, to wit, "the lands unsold shall revert to the Government,” (if the road be not completed,) is a condition subsequent, being in effect a provision that the grant to the extent of the lands unsold shall be void if the work designated be not done within the period prescribed. After some discussion as to the manner in which the reserved right of the grantor for breach of the condition must be asserted, so as to restore the estate, the court say: "In the present case no action has been taken either by legislation or judicial proceedings to enforce a forfeiture of the estate granted." (Schulenberg et al. vs. Harriman, 21 Wall., 44.) It will, therefore, be seen that provisions for reversions are conditions subsequent, and cannot operate until a declaration of forfeiture, either by some judicial proceedings authorized by law, or by legislative assertion of ownership on the part of the United States; and if this be not enforced, the title remains unimpaired in the grantee. I append hereto a tabular statement showing the grants in this condition, the dates on which they were made, with reference to the acts of Congress by volume and page of the statutes; the road for whose benefit they were made; the States or corporations to which granted; the date: of expiration of the grant by limitation of statute; the estimated quantity of lands which would inure to the State or corporation under the grant if road had been completed in due season, and which had been withheld from ordinary disposition; the number of miles of line constructed; the approximate quantity of lands which the State or corporation has earned under the grant by partial completion of the road, and the quantity patented or certified under the grant up to June 30, 1877. The roads named in the list were uncompleted at the date of the expiration of their respective grants, so far as this office has been advised, and most of them remain in that condition. Great bodies of land which have not been earned, and which of course cannot be patented to the States or corporations under the grants, are withheld from sale or entry, and there is no manner now by which settlers can acquire title to them. The companies cannot sell, and this office has no authority to recognize appropriations made under the various laws. I think it important that some action should be taken by Congress, looking either to the enforcement of the forfeiture of the grants or extending the time for the completion of the roads. If the latter course should be pursued the claims of bona fide settlers who have gone upon the lapsed lands in large numbers, and whose entries thereof have, in many instances, been permitted by the district officers, should be recognized, protected, and confirmed. As their cases now stand there is but one course for this office to pursue in passing upon such claims and entries, and this works great hardship, which should be avoided as a simple matter of justice in case the grants are resuscitated and extended. I, therefore, recommend that the attention of Congress be specially called to this subject, and that legislation thereon be urged. Below is a list of the companies, together with the date of the act granting the lands, expiration of the time allowed for completion of the 1oad, quantity granted, &c. List of railroad land grants which have lapsed by reason of non-com *It is understood by this office that the Alabama and Chattanooga Railroad was co npleted within the While the time for the completion of the Atlantic and Pacific Railroad does not expire until July 4, of the act of July 27, 1866. pletion of roads within periods prescribed by acts making the grants. period prescribed, but no evidence thereof has been filed as required by the granting act. lete, the grant is liable to forfeiture for breach of the conditions imposed by the 8th and 9th sections 18, 1864 13 137 June 552, 515. 24 None None 432, 707. 47 1, 408, 455. 69 None None 843, 458. 95 |