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Show 334 HISTORY OF PUBLIC LAND LAW DEVELOPMENT Commissioner Issues Indictment Swampland selection, like military bounties, hung on indefinitely and, if anything, became a more serious issue in later years. Though earlier Commissioners had voiced numerous complaints at the dilatoriness of the states in making selections, the dubious character of many selections, and the questionable evidence presented in support of them, it was William A. J. Sparks, Commissioner from 1885 to 1887, who made the most effective indictment. States were allowing their agents from 10 to 50 percent of the amount of swampland recovered by them. In other states presumptive swamplands were sold for low prices before selection and the burden of getting them approved rested on the purchaser. Sparks found swampland selections in Oregon adjacent to desert land entries. In California and Minnesota, where swampland selections were determined by the reports of the -deputy surveyors, the integrity of these officers was called in question, although it was usually the practice of the Washington administrators not to question the surveyors' returns. In Oregon, Sparks reported, "The most unblushing frauds have been practiced in the selection of alleged swamp lands by parties claiming as purchasers of swamp lands from the State. By means of false affidavits, fraudulent surveys, and bribery of agents, these parties have managed to obtain control of most of the lands bordering on lakes and water courses, shutting out intending settlers from access to water, and illegally monopolizing for pasturage thousands of acres of public lands, without payment of a dollar to the Government. . . ." Six indictments for forgery and three for conspiracy to defraud the government had been obtained against persons connected with such frauds. In the Oregon, Minnesota, and Iowa swampland frauds, Sparks thought a half million dollars had been saved by the vigorous action of the government. In 1885, 35 years after the adoption of the second swampland act, 2,608,709 acres were presented as new selections mostly in Florida (1,296,146), Mississippi (409,576), Iowa (351,090), and Illinois (237,610), though the public lands in Illinois and Iowa were long since gone. It took the full time of five special agents to examine the selections in the field, to take testimony concerning them, and to present their information to the government.42 Ten years later and 45 years after the adoption of the Swamp Land Act, some 135,150 additional acres were presented for confirmation as swamplands, making a total of 80,591,304 that had been selected by representatives of the states, of which 58,479,278 had been patented. Swampland claims pending amounted to 4,725,000 acres. The total acreage of swampland indemnity conveyed to the states was 856,044 acres with claims for 693,164 acres pending, and the total cash indemnity thus far allowed the states was $l,605,455.43 Jumping ahead to 1929, one finds the Commissioner reporting that the swampland work continued to be heavy. New applications for 121,547 acres were presented; 11,033 acres were approved and patented; 142,833 were finally cancelled; and 46,881 acres were still pending. In 1932, 4,807 acres of swamplands were patented; 146,865 acres were rejected; and 129,515 acres were pending. In 1963 small tracts were confirmed to California, Florida, and Louisiana amounting to 1,043 acres, bringing the total thus given the states to 64,907,515 acres. Few problems have absorbed as much of the time and attention of Land Office officials, have created so much ill feeling and friction with the states, and few acts have accomplished so little of the purpose for which they were i2GLO Annual Report, 1885, pp. 46-48, 213-20, and GLO Annual Report, 1886, pp. 37-40, 357-67. 43 Land Office Report, 1895, pp. 79-80 and 300-303. |