Sauk Rapids frontierman. [volume] (Sauk Rapids, M.T. [i.e. Minn.]) 1855-1860, 1856-02-14

~ UPoN PtJBLIc1
EIgsRe fss III IllAI ND s,
|s|| ( pOblish M iollowins CiFrular|
ID s conmissionsr III the Gsnsral
II l | 0fice, ii relation 70 trespassing
y PRIl Public Lands, md 4 careful peru
~ n \ y N recommended u III persons
|iinis fested
GENERAL LAND OFgIcE,
December "a, 1855.
EsrLEsrkr
|saa 't ie Secretary of the Interior has con-
[cludsd y change the present system of
timber agencies, and "a deyolye thu
duties connected herewith upon the
Officers of The local land districts. BY
|his direction, therefore, you will. upon
the receipt of these instructions, take
charge 81 the timber business within the
limits 81 your land district, as ! part Of
|the general duties of your office and
n y accordingly hereby assigned 70 you
las such, with the understanding that,
thereafter. II Is 70 Be considered and held
las q proper incident to,. and ia fact q
lPart 81. your general duties, covered and
satisfied ~ Tie salary which the law
provides oryour respective Offices.
That you may understand the nature
lof this part Of your duties. your atten-
1tion is directed 70 the following
lst. Attorney General Writ, in an
opinion Of the 9th May, 1921, holds as
follows: e Independent Of positive leg
Eislative provisions, unprecedented that in
lrelation to all property, real or personal,
which the United States are authorized
lby tie. constitution to hold, they have
lall the civil remedies, whether for the
prevention Or redress Of injuries, which
individuals possess See 8 Wheaton,
ISL. So the United States, being au-
thprized to accept and b hold these
lands for the common good, must have
lall the legal means Of protecting the
property, thus confided to them, that in
1dtyiduals enjoy in like cases. =
They are therefore, in my opinion. en-
titled to the injunction Of waste by way
fof prevention, and to the action Of tres
pass BY way Of punishment, in like man
lner as individuals, similarly situated,
are entitled TO them. =
I'd. Attorney General fancy, now
Chief Justice Of the United States, inan
lnpinion Of 22d August, 1888, cites this
Iopinion Of Mr.. Writ, and concurs in il
Sd Attorney General Mason, in !
Recommendation Of 10th July, 1916, re.
Tiers ID the opinion of Attorney Genera
Nelson, Of the ] It'll August, 1913, ane
Ia concnrring in it. states that, III wher
1.-THE right Of presumption exists, the set
ltIef who has complied with the provision.
lIofsthe act of 4th September, lS4I, ha.
IL right of occupancy Eur twelve months
within which lie may perfect his title By
E4}pay ping the minimum price of the land
Like the settlers under the armed occu
|pation act, Bis right IS inchoate only
.laad he has only those rights of propert,
which are necessary 70 NE perfecting .
Ibis title Al . ma y clear the land, hhil
lon il, and enclose il with asgiew. tQ1cpl
alfiyation. For these pur poses so ma
iuse 81 destroy any trees which may b
necessary, but within these restrictions
and necessary fre-w wood lisis cOnGned.
The penal act of "a March, 1881
prpyides for the pnnishmeflt ofs otfenc
j les committed III cutting. destroying, q
J removing live oaks and other tilnbes q
/. trees preserved for naval pun 0yes. q
This act Of Cd March, 1851, you vi
find fully considered in tho ease &c Ii
United States vs.. Ephriam Briggs, I
i Howard, p. 35l in which the Suprem
Court decided that the said act authol
lized the prosecution and punishment ],
lall trespassers on public lands by cuttin
4 timber, whether such lumber was 1T Il
naval purposes 81 not.
4th. Under no circumstances wi
! you compound or compromise with an
] lsnch trespassers, Or receive any pay
compensation from them as acquittal [
2 discharge therefrom, Or in; any oths
3 manner; neither will you give any PEI
d mission to cut lumber o. otherwise ire
lpass upon the public lands, a. there
& no authority for any such proceeding
= but al such offences against the Ia
= must he prosecuted and tried BY the a,
s liberties duly constituted for that pu
T pose. y, s.s:
q 5th. Should you find such trespa,
4 committed on swamp lands, or tho,
y which are rendered unfit for cultivate
= By overflow, you will take no further d
e Ition than 70 notify the Governor Of Il
= the State, AZ all such lands enure to Il
= State under the act Of 26th Ssptembe
8 jxrN