Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1851-07-02
DECISION OF JUDGE MCLEAN

White Lake.
DECISION OF JUDGE MCLEAN
In the United STATES Court on The subject of the
seizure Of Vessels for carrying timber and lam
Der.
Judge Mclean yesterday rendered decision
on the legality Of the recent seizure of Vessels
in this State for alleged violations of law in car
rying lumber and timber from the public lands.
We are glad to have it in our power to publish
that portion of the decision (Which embraces the
whole question of trespass, &c.) which bears di-
rectly upon the right of seizure Of vessels in the
numerous cases before the court. Free Press
"But the question as to the forfeiture of the
vessel is governed by the second section. That
provides, that if the master, owner, or con-
signee of any ship or vessel SHALL knowingly
take on board any timber cut on lands which
shall have been reserved or purchased as afore-
said, &C., cor shall take on board any live oak
or red cedar timber cut on any other lands of
the United States, with intent to transport the
same, the ship or vessel shall, with all her tack
lc APPAREL &c, be forfeited to the United
States" &c.
Now the question has arisen whether the YES
sci incurs forfeiture under the above provis-
ion, by transporting &C., any timber not taken
from lands reserved for Naval purposes, or if Ia
ken from other lands Of the United States which
is not live oak or'red CEDAR" not so reserved
| The words of the section are so explicit, that
there would seem to be no doubt of their
meaning. The first part Of the provision un-
doubleday applies to lands reserved, and it is
equally clear that the second part embraces lands
not reserved. A'forfeiture is incurred if the yes
sci takes on board any timber cut OH the lands
reserved; but TO incur a forfeiture, under the
second provision, for taking timber from lands
not reserved for naval purposes, it must be 'live
oak or red cedar"
1t is insisted that the words in the second sec
ton purchased as aforesaid, refer to the words
of the first section, 4" or timber from any Other
lands of the United States, acquired or hereaf
ter to be acquired" That under the construc
ton given to the first section, these words SUBJ
ject the person removing the timber to an in
dictment, fine and imprisonment, is admitted /;
but the words purchased as aforesaid" cannot,
by any fair interpretation, be made to refer to
any other words in the first section than the
identical words there used Cor if any person
or persons shall remove, &C., from any such
lands which shall have been reserved or pcrchas-
ed as aforesaid" is the language Of the first Sec
ton and they are the same words used in the
second section, and are used in the same connec-
ton.
That this is the correct construction, is man
ifest from the fact that, the second section also
provides in the words which follow: that I" live
oak or red CEDAR" taken on board from other
lands than those reserved, shall cause forfeit
ure of the vessel. Now, if the words in the Sec
ond section purchase as aforesaid" refer as
commended to lands not reserved, this provision
was unnecessary. 1t limits the forfeiture to
" live oak and red CEDAR" but if the reference
contended for be the true construction, then the
forfeiture of the vessel is incurred for transport
| ing any kind of timber cut on the public lands.
If timber of any kind even for fire wood, were
taken on board from an Improvement of an oc-
cupant, to whom pre-emptive right was sub
sequertly given by law, the vessel would be for
! feite6. Such Il construction would make the
second section inconsistent in its provisions,
which ought never to be done by construction.
1t would impose forfeiture of the vessel forta
king on board timber from reserved lands, from
lanas not reserved and then only for taking
from unreserved lands, /" live oak and red &C.
dar"
The APPoRTIoNMENT BILL, Fixing the ratio
of representation at 5000, passed the House OF
Representatives on the l6th'ult. This ratio will
! give the county of Wayne g. Oakland and Wash
tenaw each Lenawee B. Calhoun and Jack
son each Hillsdae, Kalamazoo, Livingston
Macomb, Monroe, and st. Joseph each; ALE.
gan, Barry, Eaton, Lapeer, Ottawa, Shiawasse
Van Buren,, Saginaw, Mackinaw, and Tuscola, ]
each Clinton and Gratiot compose one Repre-.
sentative district; Sanilac and Huron one; Mid
land, Gladwin and Arnac one Montcalm, lsa-
BELLA Mecosta, Osceola, and Clare, one Ne.
waygo, Oceana, Lake, Mason, and Manistee,one
Grand Traverse, Wexford, Missaukie, Roscom
mon, Ogemaw, Josco, Algona,O scoda, Crawford
Kalkaska, Omena, Leelanau, Antrim, Otsego
Montmorency, Alpena, Pressure Isle, Wyandot,
Charevoix, Emmett, and Cheboygan, one; Chip
pewa, Marquette, Schoolcraft, and Delta, one
Houghton and Ontonagon, one.
Pontiac Gazette