The Placer herald., 1864-09-03
LAND OFFICE DOCUMENTS.
GENERAL LAND OFFICE,
49,. -. al Io-r

| Gentlemen: The Secretary of the Interior has
concluded to change the present system Of timber
agencies, and to devolve the duties connected
Herewith upon the officers of the local land
districts. By his direction. therefore, you will
upon the receipt of those instructions, take charge
OF the timber business within the limits Of youl
land districts as part OF the general duties OF
your Office; and it is accordingly hereby assigned
to you as such, with the understanding that here
after, it is to be considered and held as proper
incident to, and in fact a palt Of your general
duties, covered and satisfied by the salary which
the law provides for your respective Offices
That you may understand this part of your
duties, your attention is directed to the fol
lowing:
1st. Attorney General Writ, in an opinion OF
the 27lh May. 1921 holds as follows: "Indepen
dent of positive legislative provisions, | appre-
hend. that in relation to all property, real or
personal. which the United States are authorized
by the Constitution to hold they have all the
CIVIL remedies. whether for the prevention or re-
dress Of injuries, which individuals possess. (Sec
s Wheaton. 1917 So the United States, being
authorized to accept and to hold these lands for
the common good, must have all the legal means
Of protecting the property thus conlided to them,
that individuals enjoy in like cases. They
are therefore, in my opinion, entitled to the in
junction OF waste by way Of prevention. and to
the action of trespass by way oil punishment,
in like manner as individuals, similarly situated,
are entitled to them"
I'd. Attorney General Taney, now Chief Justice
of the United States, in an opinion of 22d Au-
gust 1888, cites the opinion OF Mr.. Writ, and
concurs in it,
Sd. Attorney General Mason, in a communCa-
tion of 10th July, lS45, refers to the opinion oil
Attorney Genell Nelson, of the llth August,
1S43. and, in concurrng in it, states that, "When
the right of pre-. emption exists, the settler who
has complied with the provisions of the act OF
4h September, 1S4l has right to occupancy for
twelve months, within which he may perfect his
title by paying the minimum price OF the land
Like the settlers under the armed occupation act
his ri eht is inchoate only and he has only those
rights Of property which are necessary to the
periccting OF his title He may clear the land
build on it, and enclose it will view OF cultva
ton For these purposes he may use or destroy
any trees which may be necessary, but within
these restrictions, and necessary ire-Wood. he Is
confined"
The penal act of ID March, 1881, provides "for
the punishment OF offences committed in cutting,
destroyinn, or removing live oaks and other tim
Der or trees preserved for naval purposes
This act of I'd March. 1881, yon will find fully
considered in the case Of the United States Us.
Ephraim Briggs, g Howard, p 35l, in which the
Supreme Court decided that the said act author
lied the prosecution and punishment Of all tres
passcrs on public lands by cutting timber whetf-
er such timber was fit for naval purposes or not.
4th Under no circumstances Will you COM
pound or compromise with any such trespAssers,
or receive any pay or compensation from them
| as acquittal or dicharge therefrom, or in any
other manner: neither will you give any permls-
sion 10 cut timber or otherwise trespass on the
public lands, as there is no authority for any
such proceeding; but all such offences against the
law must beprosected and tried by the authorities
duly constituted for that purpose.
5tn, Should you find such respass committed
| on slra1np lands or those which are rendered
| cI,lt ~ Inv N
further action than to notify the Governor of the
State, as all such lands enure to State under the
| Act Of 18th September. 1850.
| 9th. In TIE enforcement of the said Act Of
| 1881 you should be careful not to interfere with
pre- empton rights under the Act of 4th OF Sep
ember. 1871, the settler, with view of cultlya-
ton, having the right as hereinbeforc indicated,
to use OF destroy tt, es in clearing roads and con-
structing bridges. or for any other purpose con
nected with the Improvement of his homestead.
9TH. While thus liberal to the honest settler,
you should be vigilant to detect and arrest the
speculNtor, who, in the guise of Il settler. and
| under the sanction Of declaratory statement,
may contemplate the spoliation OF timber, and
unless arrested might seriously njure the public
| interest.
Sth. Where the trespassers are unknown, and
| timber has been cut or removed oil the pubic
lands. you will cause it to be seized and sold at
| auction. TO the highest bidder, under such reSula-
tions as sound discretion my suggest.
| 9th. All moneys, the proceeds oil the sale OF
timber, received by you, must be deposited in
some one Of the United States repositories, to the
credit Of the Judiciary fund.- without abatement,
and an immediate report made OF the same 10
this Office with Il full statement of all partlcu-
lars duly verified.
! 10TH In the prosecution Of your duties, you
may. upon any pressing emergency, deputlze a
reliable person to investigate and report the
| facts involved in any supposed cause oil trespass,
and allow per diem OF three dollars ana mileage
| at the rate OF ten cents per mile.
| In making any such appointment you Will re-
port the facts instanter, and the necessity lor it'
| and will require in the affidavit OF the employee,
a statement Of the time actually occupied IN the
service and the distance Travelled. An account
| verified by the party aud certified by y ou should
be reported to this Office for payment.
Where there is no pressing emergency Tor the
appointment of an agent, you will refer the facts
to this Office for consideration ard await lnstruc-
| tion.
1lth In returns to this Office of sales of timber,
! whether in logs or manufactured, the prlce per
foot, with the names and residence oil purchasers
and cause the same to be verified by certificate
from the party making the seizure or sale.
18th. You are directed to make report at the
end of each quarter. the first to be rendered on
| 1st April next, of the proceedings OF your once
Pursuant to these Instructions, and showing the
operation OF this system as preventive means;
also the number Of acres entered by ucspassers
through its consraining influence.
| You are requested to acknowledge the receipt
of this, and advise me of such preliminary steps
as you may take with view to compliance with
the foregoing Instructions
Very respectfully, your obedient servant,
THOS. a. HENDRICKS, Commissioner.
INTERIOR DEPARTMENT., |
I.l,