The existing legislation relative to mineral lands is defective, or objectionable, in several minor particulars, but on the whole is reasonably satisfactory except for the provision that a person may locate but one claim on a given vein or lode. Such a provision would have very greatly hampered the development of the mining industry in the United States and it greatly hampers it in the Philippines.
Recommendations that Congress amend the law relative to mining claims have been persistently made by the commission and have been persistently ignored, probably for the reason that Congress is too busy with other matters to give much attention to such requests from the Philippines.
We now come to the subject of public agricultural lands. I have already called attention to the fact that little advantage has been taken of the liberal provision of the Public Land Act relative to free patents and homesteads. There has been some agitation in favour of a homestead of one hundred sixty acres instead of the forty acres now allowed. Personally I do not attach great importance to this matter. Five acres is as much as the average Filipino will cultivate [159] and if he has forty there is abundant room for him so to distribute his cultivated area as to let much of his land "rest,"
which he is very fond of doing. To increase the size of the homestead would help a very limited number of Americans, but a better way of accomplishing this would be to allow them to buy what they require, within reasonable limits.
No one who has not travelled widely in the Philippines can be adequately impressed with the insignificance of the areas now under cultivation as compared with those which would richly repay it. The country is failing to produce food enough for eight millions of people, yet if advantage were taken of the opportunities which nature so bountifully affords it could readily feed eighty millions.
Under such conditions the present restrictions on the sale of public lands, which make it impossible for an individual to buy more than forty acres, or for a corporation or a.s.sociation of individuals to buy more than twenty-five hundred acres, are simply absurd. What we want is not the indefinite preservation of our present vast trackless wastes of the richest public agricultural land, but productive farms.
Every opportunity should be extended to each native of these islands who desires to obtain land and cultivate it with his own hands.
The same statement holds for persons who wish to secure land and to employ others as labourers. Large estates on which modern machinery and modern agricultural methods are employed are greatly needed. The methods employed by Filipino owners of such estates are primitive. The natives believe what they see, and learn far better by example than in any other way. Absolutely no harm has resulted from the establishment of large sugar plantations on the San Jose Estate in Mindoro and the Calamba Estate in Luzon. On the contrary, both of these great farms have supplied abundant labour at increased wages to a very large number of needy people; have taught labourers much about sanitary living, and have given them very valuable object lessons in agriculture. Both are frequently visited by intelligent agriculturists glad of the opportunity to acquire the practical knowledge which can there be so easily obtained by observation.
It may be a revolutionary statement to make, but if I personally controlled the public lands of the Philippine Islands, I would without hesitation give them to persons who would cultivate them, making the amounts conceded dependent strictly upon the ability of their would-be owners to cultivate, and restoring to the public domain any lands not promptly and properly utilized.
The money which the government now derives from the sale of public lands is a bagatelle compared with the benefit which would result to the country if cultivated areas were widely extended, and there is abundant labour here to extend them very rapidly. All that is needed is the introduction of modern machinery, modern agricultural methods and capital.
The existing provisions of the Public Land Act relative to leases are very liberal, but the average man wants to own land before he spends much money on it.
There are several serious omissions in the provisions of the act of Congress relative to the sale of public lands. No authority exists for their sale for residence purposes, business purposes, or cemetery purposes, except within town sites. The need of land for cemetery purposes became so acute that I deemed it wise to stretch the law a bit in meeting it. Many of the old cemeteries were situated in the midst of dense centres of population, or immediately adjacent to sources of public water supply. Their areas were usually grossly inadequate properly to accommodate the very large number of bodies requiring to be buried. Shockingly unsanitary conditions resulted, and it became necessary for the Bureau of Health to close many of them. Because of the trouble between the Aglipayan and Catholic churches, it was often impossible for representatives of the Catholic church to purchase private lands for cemetery purposes. Their old cemeteries were closed; yet they could not open new ones, although able and willing to pay liberally for the necessary land. Under these circ.u.mstances I ruled that public land could be sold to them, and that occupation by caretakers, and such cultivation as is ordinarily given in beautifying cemeteries, would be held to const.i.tute occupation and cultivation within the meaning of the law, so that t.i.tle could eventually pa.s.s.
In closing let me emphasize the fact that the only method of informing the common people of the Philippines relative to their rights in the matter of acquiring public lands thus far found practicable has been to send special land inspectors from house to house, to convey the information by word of mouth. A considerable number of such inspectors are now employed, and more are badly needed.
The total area of all public lands sold to Americans or foreigners since the American occupation is seventeen thousand acres; that of all public lands leased by such persons, seventeen thousand three hundred ninety acres. This is the answer to those who claim that there has been exploitation of the public domain.
The needs of the Philippine Islands in the matter of land legislation may be briefly summarized as follows:--
More judges in the Court of Land Registration so that the cadastral survey work may be expedited, and the poor man may be able to obtain t.i.tle to his holdings promptly and at small expense.
The employment of more surveyors on public land work.
A renewal of the privilege of obtaining free patents on the old conditions during a period of at least ten years.
The employment of more public land inspectors to inform the poor and ignorant of their rights, and to a.s.sist them in obtaining them.
More liberal legislation relative to the size of the tracts of public land which may be purchased, and the number of mining claims on a given vein or lode which an individual may record.
Authorization for the sale of public agricultural lands outside of town sites for residence purposes, business purposes, and for cemeteries.
CHAPTER x.x.xI
THE PHILIPPINE FORESTS
Would that I had adequate words in which to describe the wonders of the Philippine forests, through which I wandered almost daily for four years, and which I love to revisit whenever the opportunity presents itself! Their majestic stateliness and magic beauty defy description. I have seen them swept by hurricanes when huge branches crashed down and mighty trees thundered to earth, imperilling life and limb, and I have seen them in the still noons of the tropics when not a leaf stirred. At times they are vocal with songs of birds and ceaseless din of insects, and again they are as silent as the grave. Who could do justice to the endless variety and beauty of tree-trunk, leaf and flower; the exquisite drapery of vines, ferns and orchids which covers the older forest monarchs; the weird ma.s.ses of aerial roots which lead superst.i.tious natives to believe some trees to be haunted, and small wonder; the ever changing light and shade bringing out new beauties where one least expects to find them; the endless differences in the flora due to variations in alt.i.tude and in the distribution of moisture?
In Mindoro, Palawan and Mindanao we find tropical vegetation in its absolute perfection; in the highlands of northern Luzon we meet our old friends, the pine and oak, while beside them grow strawberries, raspberries, huckleberries, jacks-in-the-pulpit and other friends of our childhood days.
Surely the Philippine forests should be preserved, but not for their beauty alone! In them the people have a permanent source of wealth, if they can only be made to realize it and to take proper measures to protect it. Certainly no other country has a greater variety of beautiful and serviceable woods. Some of them are so close-grained and hard that they successfully resist the attacks of white ants, and prove almost indestructible even when buried in the earth. Others will not stand exposure to the weather, but last indefinitely under cover and are excellent for inside framing and finishing. We have the best of cabinet woods, such as ebony, camagon, narra, [160] acle, and tindalo. From some of our trees come valuable gums, such as almaciga [161] and gutta percha. Others produce alcohol, tan barks, dyewoods, valuable vegetable oils or drugs. The so-called "Singapore cane,"
so highly prized by makers of wicker furniture, grows abundantly in Palawan. Great areas are covered with a bamboo which makes an excellent paper pulp.
In short, the Philippine forests should be like money in the bank for the inhabitants of the islands. There are in this world wise people who under ordinary circ.u.mstances spend only the interest on their money; and there are others who spend the princ.i.p.al while it lasts. To which cla.s.s do the Filipinos belong?
It has been said that the civilization of a people may be measured by its forest practice, and in a sense this is true, for forestry as we know it to-day, and as the leading nations of Europe have known it for a long period, means the limiting of immediate gain in the hope of future reward, direct and indirect; in fact, it means present-day sacrifice for the sake of an unborn posterity. A wise national forest policy therefore involves not only foresight, but statesmanship and patriotism, which in their most advanced degree are to be found only among the people of the most enlightened nations. The manner in which a people regards its forest resources may be taken as fairly indicative of its outlook in general. What then has been the policy of the Philippine government and what the att.i.tude of the people, toward these resources?
There is little room for doubt that practically the entire land area of the Philippines from the plains at sea-level to the highest mountain-tops was originally covered with forest growth. At the time of the American occupation two-thirds of this wonderful heritage had ceased to exist. This would be all very well if any considerable portion of the vast deforested areas were cultivated, or put to any permanent profitable use, but such is not the case. According to the best estimates which it has thus far been possible to make, only about fifteen per cent of the land from which the original forests have been stripped is to-day under any form of cultivation. The remainder is covered with commercially worthless second-growth forest, and with several giant gra.s.ses which are collectively known as cogon.
The cogonales [162] make up approximately sixty per cent of the deforested area, or forty per cent of the land area of the entire archipelago. They are not good for grazing unless fed down very closely. They are difficult to bring under cultivation because of the vitality of the gra.s.s roots and the acidity which they impart to the soil. Cogonales are often the breeding places of swarms of locusts which devour growing crops in neighbouring fields. They have been produced by the shiftless form of agriculture known as caingin making.
A large majority of the inhabitants of the Philippines will not fight, for any length of time, the tropical weeds and gra.s.ses which invade their cultivated fields, and rather than attempt to do so prefer to clear forest lands, slaughtering the trees indiscriminately and burning them where they fall. An area so cleared is known as a caingin. It is usually planted with camotes, corn, rice or some similar quick-growing crop. Cultivation is carried on in a haphazard way, but is soon abandoned when a jungle growth of gra.s.s, weeds and seedling trees begins to spring up. At the end of the first, the second or, at latest the third year the caingin maker abandons his clearing and starts a new one. Fires sweep over the abandoned areas, killing everything except the cogon gra.s.s which takes possession and holds it against all comers. The forest destruction thus wrought in the past is appalling. Within limits, it still continues, although unlicensed caingin making is now forbidden by law.
In cutting timber for domestic use and for the market, the Filipinos have in the past been absolutely indifferent to the matter of reproduction, making a clean sweep in those places where merchantable tree species could be readily and cheaply obtained.
Six weeks after the Philippine Commission became the legislative body of the islands, it pa.s.sed an act for the reorganization of the Forestry Bureau, which had previously been created by military order, continuing as its chief Major George P. Ahern, who had held this position under the military regime, and who is to-day in length of service the ranking bureau chief of the insular government.
Major Ahern was thus intrusted with the management of some fifty-four thousand square miles of forest land, and was charged with the duty of investigating the forest resources of the Philippines, and of developing and protecting them. These two latter objects are by no means incompatible. Vastly more timber falls and rots in the Philippines than is cut and marketed, and the forest wealth of the islands may be developed in such a way as actually to improve the areas that are cut over by removing old trees, and thus giving light and air to younger ones which then rapidly grow up and take their places.
The stand of hardwood timber in the Philippines is now probably the finest in the world. The United States and Europe are ready to purchase every foot of the selected grades of lumber that we can ship. China offers a practically inexhaustible market for the cheaper grades. Stumpage charges are moderate. Yet in spite of all these advantages the islands do not, as yet, produce lumber enough to supply their own needs.
This condition is rapidly changing, however, and if adequate measures are not adopted for the conservation of the forests, we shall sooner or later be confronted with the danger of their devastation by the lumberman.
Under the direction of the Bureau of Forestry the trees which are to be felled are in many instances marked, and in any event care is taken to prevent the cutting of any which have not attained to certain prescribed diameters, while the leaving of enough adequately to provide for reproduction is obligatory.
Up to the time of the American occupation forest operations had been limited to a very small number of well-known species of demonstrated commercial value. The total number of tree species which had then been identified was about twelve hundred. The number identified up to the present time is approximately twenty-five hundred. A large amount of important work has been done in determining what ones of the commercially unknown species are valuable, and in what ways they may best be utilized.
One of the most important functions of the Bureau of Forestry has been to investigate unexplored and unknown forests, and ascertain definitely the stand of commercially valuable trees, at the same time giving proper consideration to the practicability of getting lumber from them to the market at reasonable expense. As a result of this work the bureau has been able to furnish much accurate and valuable information to persons desiring to engage in the lumber industry.
Some forests have been found to be very valuable, while others are practically worthless either on account of the absence of the better tree species or because of difficulties which render it impossible or unprofitable to transport lumber from them to a market.
At the time of the American occupation the methods employed in felling trees and converting them into lumber were primitive in the extreme. The small Malay axe, the edge of which is hardly wider than that of a good-sized chisel, was in common use. Once felled, trees were necessarily cut into short lengths, as all logs had to be hauled by carabaos. The logs were ultimately cut into lumber by hand with whip-saws operated, as a rule, by two men each. There was not a modern sawmill in the Philippine Islands. The few mills which existed were of the most antiquated type, and with one or two negligible exceptions were confined to Manila.
To-day there are about sixty steam sawmills in operation and orders have been placed for others, some of which will have a capacity of one hundred thousand board feet of lumber per day. The actual investment in logging equipment and sawmills runs into the millions of dollars.
Logging was formerly closely restricted to the most valuable species, so situated that they could be rolled into the water or hauled to the beach by carabaos. Large tracts are now being logged with modern machinery under conservative forest methods, and the logging railway and the skidding engine are rapidly coming into use.
Three forest reserves, similar in purpose to the national forests of the United States, have been set aside to insure a permanent timber supply in certain regions and to afford permanent protection to streams capable of furnishing irrigation water upon which may depend the prosperity of the inhabitants of neighbouring plains. One hundred and forty-nine communal forests have been created for as many munic.i.p.alities, in order permanently to provide them with timber and firewood. The interests of the Filipinos themselves have been given first consideration, and the inhabitants of towns for which communal forests have not been set aside may freely cut and gather from any public forest, without license and without payment, all timber of the second and lower groups which they require for domestic use, while gratuitous licenses can be had for first-group timber to be employed in the construction of permanent houses.
Within recent years the revenue derived from forest products has steadily increased, in spite of the fact that the government charges have been materially reduced.
The public forests of the Philippines are not sold, but are developed under a license system. Small operators usually work under ordinary yearly licenses for definite small areas. Exclusive licenses, or concessions as they are popularly called, are generally in the form of twenty-year exclusive licenses to cut and remove timber and other forest products from certain specified tracts. The land itself is in no way affected by such licenses. Merely the timber and minor forest products are included. When a lumberman is seriously considering an investment in the Philippines, he himself, or an experienced representative, should state to the director of forestry approximately the extent of the investment he contemplates. He will then be given information about several tracts which promise to answer his needs, and arrangements can be made for an experienced forester to accompany him over the tracts in question so that he may size up conditions for himself. All maps, estimates and other detailed information which may have been collected on the tracts will, of course, be placed at his disposal, and he can count upon the heartiest governmental cooperation and a.s.sistance in making a success of his enterprise. It should be understood, however, that in no case does the director of forestry guarantee the correctness of the estimates or other data which he furnishes. These are given to the applicant for what they are worth, and in every case he is advised to take such steps as may be necessary to satisfy himself as to whether or not they are correct. If the lumberman then decides to apply for a concession, he makes a formal application in writing to the director of forestry for an exclusive twenty-year privilege for the tract he has selected. His application is then forwarded by the director of forestry with recommendations to the secretary of the interior, who may approve the issuance of an exclusive license if he decides that such a course is in the public interest. For an area of more than a thousand hectares (approximately twenty-five hundred acres) proposals for bids to secure the desired privilege are published in the Official Gazette and other papers. At least six weeks intervene between the appearance of the first advertis.e.m.e.nt and the opening of the bids, but in order to give interested parties in the Philippines ample time to correspond with their princ.i.p.als in Europe or America, this period is usually extended to about four months. The advertis.e.m.e.nt also enumerates certain minimum requirements which princ.i.p.ally specify the minimum amount of capital which must be invested within a certain given time and the minimum cut during the several succeeding years, together with certain requirements regarding logging and milling equipment.
Formal bids are finally submitted, and the license is ordinarily granted to the bidder who gives the best a.s.surances of developing the tract most thoroughly and promptly. The right to reject any and all bids is expressly reserved.