As early as 1845 efforts had been made to secure the aid of the Government in the con struction of a transcontinental line to the Pacific. With the admission of California to the Union and the rapid development of the Far West, the construction of a road to the Pacific became a political necessity. Between 1850 and 1862 the proposition to grant Government aid in the con struction of the line was a subject of frequent de bate in Congress. and was favored by both po litical parties in their national conventions. But between Iowa and California there were no States to which the grant could pass. Accordingly Con gress voted a subsidy of public land to such cor porations as would undertake the task of building the Paeifi? railroads. During the ensuing decade twenty odd grants, comprising an aggregate area of 155.000,000 acres, were made, some of which, however, reverted to the Government on account of the failure of the railroads to fulfill the condi tions under which the grants were made. A few grants for canals and wagon roads between 1863 and 1873 withdrew an additional 3,000.000 acres from the public domain, thus swelling the amount promised by the Government to the grand total of 262.000,000 acres. A considerable portion of this, however, reverted to the Government. and was never patented. In addition to grants for internal improvements, the States have received large gifts of public land for the encouragement of education. Those admitted prior to 1850 re ceived one-thirty-sixth of their area for school purposes. Those admitted since 1850 have re •eived one-eighteenth for the same purpose—a total of nearly 70,000.000 acres. Each of the new States has also received a tract of from one to four townships for a university—a total of more than 1,000,000 acres. By the act of 1862 Congress granted to each State a tract of land whose area was proportioned aecording to its representation in for an agricultural college. As a result of this policy, about 10,000, 000 acres were lost to the public domain. The six new States recently admitted to the Union re ceived the magnificent gift of 23,000,000 acres for schools, public buildings, and other purposes. As a climax to the munificence of Congress was an act of 1902, setting aside all moneys received from the sale of public lands in seventeen States and Territories as a special fund for the estab lishment of an irrigation system. This is ex pected to yield ultimately several hundred million dollars.
The different methods by which titles to pub lic land may be acquired by private individuals are: (1) Preemption; (2) homestead; (3) pub lic auction or private sale; (4) bounty law, or military land warrants; (5) under the Thither Cniture Act. According to the Preemption Law, which was in force until recently, the applicant was required to settle upon the land, improve it, and reside there continuously for a period of six months. At the expiration of this period, upon furnishing proof of such residence and im provement, and upon paying $1.25 per acre, the preemptor was entitled to a patent conveying him lull title to the land. All public land belonging to the United States to which Indian title had been extinguished was subject to preemption under the conditions, restrictions, and exceptions provided by law. The principal exceptions were land, expressly reserved by law or proclamation of the President, lands included within the limits of an incorporated town or already selected as the site of a city or town. lands actually settled and occupied for purposes of trade or other busi ness, and lands containing_ saline or mineral de posits. Every person who was the head of a family, every widow, and every unmarried per son over the age of twenty-one years, being a citizen of the United States or having filed a declaration of intention to become such. was en titled to take advantage of the preemption laws, except that no person who was already the owner of 320 acres of laud in any State or Territory. or
who had abandoned his residence on his own land to reside on the public lands in the same State or Territory, was entitled to the right in question. The preemption system is said to have originated from the necessities of settlers, and through a series of more than fifty-seven years of experience in attempts to sell or otherwise dispose of the public lands. The early idea of sales for revenue was abandoned. and a plan of disposition for homes was substituted. The preemption system was the result of long, experience, executive or ders, departmental rulings, and judicial con struction.
Under the Ilomestead Law, enacted in 1862 and since variously amended, the applicant 'enters' upon the land (not exceeding 160 acres). improves it. and resides there continuously for a period of Live years. After the expiration of this period. and upon making proof of such residence and improvement, he is entitled to a patent without the payment of money, except a nominal fee. Any person qualified to take advantage of the Pre emption is eligible to enter land under the homestead acts, while the lands subject to home stead are the same as those subject to pre emption. Under the homestead policy more than 85.000,000 acres of land have passed from the public domain to the possession of private indi viduals. (See HOMESTEAD Laws.) The home stead policy is now the approved method of dis posing of the public lands. It does not offer the same opportunity for fraud that some of the other methods have shown, and has produced the most satisfactory results obtained from a national system of land distribution. According to the third method of acquiring title to public land, the President, by order or proclamation, announces that certain lands will be open to public auction at a certain time and continue open for a specified period. during which time they will be sold to the highest bidder for cash, the minimum price being fixed at $1.25 per acre. Such portions as remain unsold at the expiration of the period of sale are held for private entry and sale. According to the fourth method, cer tain soldiers or members of their families are given military land warrants entitling them to a specified part of the public lands, and upon presentation to the proper officer of such war rants the holder is entitled to enter upon so much of the public domain without payment of money, unless the land is held above the usual price. Finally, by the Timber-Culture Act of 1876 it was provided that a person, upon proof that he had planted a certain number of acres of tim ber, was entitled to receive a patent for land not exceeding 160 acres occupied. This act. together with the Preemption Law, has recently been re pealed, on account of numerous frauds growing out of their administration. At present the pub lic lands of the United States are classified by the Land Office as mineral lands, which are chief ly valuable for their mineral wealth, and are usually reserved from preemption or homestead. and sold at from $2.50 to $5 per acre; timber and stone lands, unfit for cultivation, but valuable otherwise, and usually sold at $2.50 per acre: saline lands, salt springs. at first offered at pub lic sale to the highest bidder at not less than $125 per acre: town-site lands, sold at $1.25 per acre; desert lands, sold at the same price, and in lots not exceeding 320 acres: coal lands. sold usually at from $10 to $20 per acre. according to their distance from a completed railroad: and agricultural lands, sold everywhere at $1.25 per acre. From 1854 to 1862 there was a class of graduated lands, consisting of parcels which had long remained unsold and were offered to adjoin ing settlers at very low prices.