ings, and provides for the destruction | the state or United States. The use of of these records after two years. Mas- the dictograph as an aid in criminal sachusetts (243) separates Juvenile prosecutions for discovering evidence, Court Appeal Cases from other ap- as well as the intercepting of telepeals. (See also XV, Child Welfare.) phone messages for the same purpose, Property and Business.-In Virginia received some attention in New York fraudulently obtaining property un- during the year, but just how far the der a contract for personal services right of privacy should be sacrificed and failing to perform or refund (13), to the effort to apprehend those susfailure to return goods delivered for pected of being engaged in criminal selection or approval (280), and acts remains a question still to be adpawning or selling goods held on con- justed, as does the punishing as crimditional sale (299), are criminal. New inal the misuse of the dictograph by York (366) separates the crime of re- private persons. ceiving stolen property into first and second degrees, $50 being the dividing line. Mississippi (120) and Rhode Island (1389) enact statutes against drawing checks without funds, making the failure to cover after notice of dishonor prima facie evidence of intent to defraud. Kentucky (97), Maryland (254), Massachusetts (149), and Virginia (42) make punishable untrue, deceptive and misleading advertising, as do Maryland (370, 655) and Porto Rico the fraudulent obtaining of a false commercial rating. Combinations in restraint of trade and unfair local discrimination for destroying competition are forbidden by Kentucky (17). Statutes in Kentucky (18) and Mississippi (132) prevent discrimination in transportation rates, and in Kentucky (19) and South Carolina (371) discrimination in insurance rates. Massachusetts (292) prohibits the practice of law by corporations and (75) makes criminal the assign-izing commitment of persons charged ment of public pensions. The automobile owner is protected against theft in Georgia (458), unauthorized use of his car in Virginia (776), the chauffeur's receiving a bonus or discount for storage or supplies in Maryland (687) and New Jersey (148), and the placing on roads of substances likely to cause punctures in New York (321) and Virginia (364).

Miscellaneous Statutes. - Virginia (356), Mississippi (118) and South Carolina (537) punish the desecration, mutilation, or improper use (advertising purposes) of the United States flag. Massachusetts permits its use in publications to promote patriotism. Virginia (433) prevents discrimination against persons wearing the uniform of military service of

Procedure.-Virginia (204) authorizes the appointment of a "public defender" for a term of two years, his duties being to defend all accused who are unable to employ counsel. Mental defectives accused of crimes were the subject of consideration in Maryland (699) and Virginia (312). În Maryland the Court may before trial order an examination of the sanity of an accused who pleads insanity as a defense, or whom the court has reason to suspect to be insane, by the lunacy commission, a permanent state board of four members, of whom at least two are physicians, one of the latter having had at least two years' experience in the treatment of the insane. the report of this commission that the accused is of such mental incapacity as to be unable properly to conduct his defense, the Court orders proceedings stayed and confinement until recovery. A more important change is made in Virginia by "An Act author

On

with crime who are suspected of being feeble-minded to city or county farms and providing for length of sentence and examination," which is here given in substance:

The

words "feeble-minded

or

(1) person" in this act shall be construed to mean any person with mental defectiveness from birth from early age, but not a congenital idiot, so pronounced that he is incapable of caring for himself or managing his affairs, or of being taught to do so, and who, consequently, requires care, supervision and control for the protection and welfare of himself, of others and of the community, but who is not classible as an "insane person," as usually interpreted.

(2) When a person is brought before any court of justice for any purpose other than an inquiry into his mental condition, if it appears to the court upon the testimony of the one or more

qualified physicians that such a person

X. PUBLIC RESOURCES AND PUBLIC WORKS

PUBLIC LANDS

MORRIS BIEN

Oregon & California Railroad Grant. -The first session of the Sixtyfourth Congress, which terminated on September 8, did not pass much legislation affecting the public lands, although the roll of legislation was much larger than usual. One of the important acts, approved June 9, 1916, provides for an adjustment regarding the Oregon & California Railroad Land Grant which has been a subject of contention for a great many years. In 1866 Congress granted to the Oregon & California Railroad Co. certain lands, mostly in the state of Oregon (a very small amount being in the state of Washington), on condition that the Company would build a certain railroad. This Act was modified by subsequent acts in 1869 and 1870. The railroad construction was begun in 1873, partially finished within two or three years, and finally completed in 1887. One condition of the grant was that the lands should be sold to actual settlers only, in quantities not exceed ing 160 acres to each person, and at prices not greater than $2.50 per acre. During the first few years these conditions were complied with but later, the demand for the land having increased, the Company sold a great deal of land in large tracts to persons who were not actual settlers and at prices exceeding $2.50 per acre. After Jan. 1, 1903, the Company refused to make any more sales, holding at that time over 2,300,000 acres un-inally intended, namely, the encoursold, and more than 4,000 persons tried unsuccessfully to purchase the land after that date. In 1908 Congress authorized the bringing of suit in order to determine the action to be taken in the case. The matter

| was pending in the courts until June, 1915, when the U. S. Supreme Court decided that the United States had a right to enforce its claim of forfeiture against the Company. This placed in the hands of Congress for disposition the said area of 2,300,000 acres.

The Act provides that these lands shall be classified and appraised. Certain lands which are valuable for water-power sites are to be set aside for such action as may be later determined upon by Congress. Another class of lands is valuable timber land, which is to be appraised and sold, and a third class is agricultural land, which will include timber lands after the timber has been taken off. The proceeds of the sales of these lands are to be distributed so that the Railroad Company shall receive $2.50 per acre for the lands in its grant; the states shall receive the taxes which were due and unpaid; and the remainder will be divided as follows: one-fourth to be paid to the states for the benefit of the school funds; one-fourth to the counties in which the lands lie, for the benefit of schools, roads, bridges, etc.; 40 per cent. to be paid into the Reclamation Fund, established for the construction of irrigation works by the United States, and 10 per cent. into the general funds of the Treasury. The purpose of Congress in this law was to devote the land to the purpose orig

agement of settlers upon small farms sufficient for the support of a family.

Lassen Volcanic National Park.An Act of Aug. 9, 1916, set apart an area of nearly 80,000 acres to preserve for the benefit of the public in

general the area occupied by Lassen | parks in the West were opened more Peak, which has in recent years generally to motor travel, with the shown much active volcanic energy and has been studied by many scientists of this country (A. Y. B., 1914, p. 597; 1915, p. 599). Besides the Peak itself, the park contains much of interest, there being hot springs, mud geysers, ice caves, and a number of beautiful lakes.

result that the number of automobile licenses issued increased from 4,500 in 1914 to nearly 13,000 in 1915. Two new national monuments were established during 1916: one in New Mexico known as Capulin Mountain, an interesting mountain formation; and the other in Maine known as the Irrigation Districts.-An Act of Sieur de Monts National Monument, Aug. 11, 1916, provides that the pub- named after the chief of the expedilic lands within irrigation districts tion under whose orders Champlain shall under certain conditions be sub- explored the region which was afterject to taxation for the expenses of wards known as Mount Desert Island, the irrigation district. Irrigation dis- on which is now located the resort tricts are public corporations which of Bar Harbor. The park itself conby state law have the power of taxa-tains an area of about 5,000 acres, tion for the purpose of constructing, in which are impressive mountains, operating, and maintaining irriga- beautiful lakes and woodlands. tion systems, and they are authorized to lay a tax upon all land within the limits of the irrigable area of the system. One difficulty encountered in many cases is the fact that among the lands to be benefited by the irrigation enterprises are public lands of the United States, which could not be taxed to assist in the construction and care of the irrigation works. The Act provides that when the Secretary of the Interior is satisfied that the plan of the irrigation district is feasible and approves the same, the public lands of the United States therein shall be subject to the taxes of the district, and any person taking them under the public-land laws shall be required to pay such taxes. also Reclamation, infra.)

Disposition of Public Lands.-The total area of public lands entered during the year ending June 30, 1916, was 19,043,152.92 acres, an increase of 2,181,938.23 acres as compared with the area entered during the preceding year. The total cash receipts from the sale of public lands during the fiscal year 1916 were $3,428,588.20; from the sale of Indian lands there were received in addition $2,000,516.17. These figures represent an increase of $86,153.86 as compared with the receipts for the preceding year. The area of lands patented during the year was 12,161,807.998 acres, a decrease from the preceding year of 863,619.978 acres. Of the area patented 7,723,738.23 acres were taken under the homestead law, a decrease National Parks and Monuments.- from the preceding year of 1,871,During the year 1915 the national | 234.79 acres.

(See

MINERAL

U. S. GEOLOGICAL SURVEY

RESOURCES

geologic investigations, both scientific and economic, topographic mapping, investigations of water resources, investigations of Alaskan mineral resources, and classification of the public lands. These plans may vary considerably from year to year, but each year's plans are adhered to closely. Small contingent allotments are provided for the treatment of special problems that may arise from time to time. Chemical and physical researches and the preparation of the report on the mineral resources of the United States follow much the

GEORGE OTIS SMITH Functions. The widely extended investigations of the U. S. Geological Survey have been pushed forward vigorously during the year. The work of this Federal organization embraces a considerable range but is carefully systematized. The annual appropriations are now over $1,500,000, and immediately after Congress passes the appropriation bill, comprehensive plans are made for the field work for the ensuing year in

same general course from year to | ologic work has many divisions and year, although even in these branches subdivisions. It includes, for inof the work important changes are stance, studies of the Coastal Plain, often made. The classification of of the coal, phosphate, and oil and the public lands presents ever chang- gas fields of the United States, and ing and broadening problems as the of the mining districts of the West, Government comes to be more and besides the detailed study of particumore recognized as a conservative lar areas preparatory to the publicalandlord who must handle his large tion of the folios of the great Geoholdings as a trustee for the benefit logic Atlas of the United States. of the citizens of the present day, as well as with an eye for the needs of the future.

Geological Investigations.-In deciding upon the distribution of the geologic appropriation, which in the fiscal year 1916 was $350,000, consideration is given first to the pend-reaus. ing geologic investigations and problems that are being carried on year after year by the Federal Survey, and next to the demands of the state geological surveys for work within their respective states, some of them, as in the case of the topographic surveys, also offering coöperation. This ge