NOTE.-Total increase in amount of estimates, 1907, over appropriations for 1906

Net increase in number of salaries estimated, 1907, over appropriations for 1906
Net decrease in amount of this bill under estimates for 1907

Net decrease in number of salaries in this bill under estimates for 1907.

Net decrease in amount of this bill under appropriations for 1906.

Net decrease in number of salaries in this bill under appropriations for 1906.

RESTORATION OF CERTAIN LANDS IN MINNESOTA TO THE PUBLIC DOMAIN.

MARCH 9, 1906.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. VOLSTEAD, from the Committee on the Public Lands, submitted the following

REPORT.

[To accompany S. 2296.]

The Committee on the Public Lands, to whom was referred the bill (S. 2296) restoring to the public domain certain lands in the State of Minnesota, having had the same under consideration, beg leave to report it back with the recommendation that the bill do pass.

This bill has been passed by the Senate. The facts in connection with the measure and the purpose for which the legislation is sought appear in the letters from the Interior and War Departments, which are hereto appended.

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,

Washington, D. C., December 14, 1905.

SIR: I have the honor to acknowledge the receipt, by reference from you, of a letter from Messrs. Chancey and Seymour Clark relative to homestead entries made by them on lands withdrawn for reservoir purposes. You request such information as this Office can give regarding the statements made, the possible remedy, and any other suggestions that would be of use in replying to the communication.

In reply I have to state that, as shown by the records of this Office, Chancey Clark made homestead entry No. 15689 May 3, 1892, at St. Cloud, Minn., for the SW. SW. sec. 2, T. 134 N., R. 29 W., fifth principal meridian, and that on July 8, 1891, Seymour Clark made homestead entry No. 15243, at St. Cloud, Minn., for the E. NE. and lots 5 and 6, sec. 10 of the same township and range.

These tracts, with others, were withdrawn from entry by letter "C," of August 25, 1882, because it appeared from a report from the Secretary of War that said tracts should have been included in former proclamations withdrawing lands for reservoir purposes. The proclamations referred to were No. 859, dated March 22, 1880; No. 868, dated April 5, 1881; No. 872, dated November 28, 1881, and No. 874, dated February 20, 1882.

By the act of June 20, 1890 (26 Stat. L., 169), the lands withdrawn by proclamations Nos. 859-868 and 874 were restored to the public domain and made subject to homestead entry, with a provision that they should be made subject to the right of the United States to construct and maintain dams for the purpose of creating reservoirs in the aid of navigation, and that no claim shall accrue by reason of overflow

ing of said lands on account of the construction and maintenance of such dams and reservoirs.

The withdrawal by letter "C" of August 25, 1882, was still in force when the Clarks presented their applications, and their entries should not have been allowed.

By letter "C" of January 23, 1892, the district land officers were called upon to report why several entries had been allowed on these lands, and in reply they stated that they had allowed the entries because they believed that the act of June 20, 1890, supra, restored the tracts to entry.

The matter was then presented to the honorable Secretary by letter "C" of April 16, 1892, who thereupon requested the War Department to advise him as to the neces sity for the continued reservation of said tracts. In accordance with said request the War Department recommended that the lands should be formally reserved by Executive order, and Congress then asked "to extend the scope of the act of June 20, 1890 (26 Stat. L., 169), so as to include these lands and also those covered by proclamation No. 872, of November 28, 1881. These lands are in no wise different in status from those restored by the act of June 20, 1890, and with the right retained to overflow in the service of the reservoir as set forth therein, there is no objection, so far as I can see, to their restoration to the public domain.”

* * *

The honorable Secretary, therefore, under date of July 20, 1892, directed that the necessary steps be taken to carry the recommendations of the War Department into effect and also that said entries, which had been erroneously allowed for said lands, be canceled.

In accordance with such instructions, several entries, including those of the Clarks, were canceled by letter "C" of August 9, 1892, and a proclamation prepared formally reserving the tracts in question, which was signed by the President August 27, 1892, No. 957.

The lands withdrawn by proclamation No. 872, likewise for reservoir purposes, were restored to the public domain by act of March 3, 1905 (33 Stat. L., 990), but no act has been passed by Congress restoring the lands embraced in the entries of the Clarks, reserved by proclamation No. 957, and they are still in a state of reservation. The Clarks were advised of the status of their entries and of the lands embraced therein by letters "C" of February 13, 1895, and March 6, 1903.

I herewith return your correspondent's letter and inclose a copy of circular of instructions to the local officers under the act of March 3, 1905.

Very respectfully,

Hon. MOSES E. CLAPP,

J. H. FIMPLE, Assistant Commissioner.

United States Senate.

DEPARTMENT OF THE INTERIOR,
Washington, January 24, 1906.

SIR: I have received, by reference from your committee, a copy of S. 2296, entitled "A bill restoring to the public domain certain lands in the State of Minnesota," with the request that the committee be furnished with such facts and information as may be in the possession of this Department touching the subject-matter of the proposed legislation.

In answer to the reference I have the honor to inclose a copy of a report on the bill, under date of the 23d instant, by the Commissioner of the General Land Office. The Commissioner has reported that his Office has no objection to urge against the passage of the bill, but in view of the fact that the withdrawal of the lands was made on the recommendation of the War Department, he has suggested that the matter be submitted to the Secretary of War for an expression of his views in the premises.

I concur in the report and suggestion of the Commissioner.
Very respectfully,

E. A. HITCHCOCK, Secretary.

The CHAIRMAN OF THE COMMITTEE ON PUBLIC LANDS,

Senate.

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,

Washington, D. C., January 23, 1906.

SIR: I have the honor to acknowledge the receipt, for report in duplicate, with recommendation and return of papers, of S. 2296, entitled "A bill restoring to the public domain certain lands in the State of Minnesota."