The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-11-23
Timber on the Public Lands.

Ilmoer on me fubnc L1no1
We alluded few weeks ago to the instruc-
tons lately issued to the land officers of Mon
tana, respecting the preservation Of timber on
the public lands. We observe that similar in
structions have been issued to the land offices
of California and Utah, and they are probably
made general to all States and Territories.
The Salt Lake Herald publishes these docu-
ments in full, as received at the Land Office.
They commence with opinion by Attorney
General Writ, given in 1921, and by his sue
cessors from time to time. Attorney General
Mason held in 1915 that the United States have
full authority over all timber lands on the
public domain, and can pursue by action of
trespass by way of punishment all trespassers
who cut timber. That settlers under the pre-
emption acts have only those rights of prop
erty which are necessary to the perfecting of
their title. He may clear land, build on it,
and enclose it with IA view to cultivation. For
these purposes he may use or destroy any
trees which may be necessary, but within
| these restrictions and necessary fire wood he
is confined.
These instructions were originally intended
to apply only to the prairies east of the Mis-
If stringently enforced, are calculated to work
great hardship to the settlers and an injury
to the country. The conditions and circum-
stances are very dissimilar. The agricultural
portions Of this country are limited to the
| valleys, and the hills and mountains afford
the only opportunities for the settlers to pro-
cure the necessary supply of wood and tim
| Der.
| fant 10 81,
presented to the Commissioner of the Land
| Office, and they have drawn out later instruc-
| tons from that Office which relieve the hard
| ship somewhat. The following circular states
the law as now understood, and to be enforced
| by the Registers throughout the country
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
November 4, 1870.
Register and Receiver, SAT- Lake City. u. T. ID:
| Gentlemen-In reply to your letter of the 18th
ult., enclose herewith a copy of our circular
of December oath, 1855, containing general
| instructions to the Registers and Receivers of
the District Land Offices for the protection of
the public timber in their respective districts.
There is no authority of law to permit any
one to cut timber from the public lands for
| the purpose of speculation sale. Persons
| who have made settlements under the pre-
| emption and homestead laws are entitled to
| cut and use the timber on the lands embraced
in their settlements to the extent necessary
for domestic purposes for clearing, building
fencing, fuel, &c, but not for sale, until, in
the former case. they have proved up and
entered the land, or, in the latter, after five
years continuous settlement and cultivation
have made the proof as required by law and
obtained their final certificates.
You will discharge with energy the duty
devolved upon you by the enclosed circular
| having due regard however, to the rights of
homestead and pre-emption settlers and to
the circumstances Of the community requir-
ing supply OF timber for mining. manufact-
uring and other business pursuits. In cases
| where timber may be cut from the public
lands and extenuating circumstances exist you
are authorized 10 compromise with the parties
| committing the trespass on their paying all
| expenses incurred and reasonable stumpngo
| to be fixed by you according to the condition
| of the market, but not to fall below the mini
mum rate of - so per thousand feet. Where
| objection Is made to the rate fixed under this
! rule the matter may be submitted to the
| Judges of the Supreme Court of the Territory.
| IN which case you will be governed by their
decision as to the stumpage to be oxacted. In
| cases where no compromise is made You will
| sieZe the timber cut on the public lands
| wherever found and identified, on sufficient
proof, and sell the same, after due notice, mt
| public auction, to the highest bidder for cash
furnishing the names of the trespassers and
the witnesses by whom the offense can be es-
tablished to the District Attorney, in order
| that IL hStLhSd cApculcHI may proceed
against the trespassers according to law.
You will report to this Office the cases acted
upon, describing in each the public land
from which the timber was cut, the quantity
| of timber, amount Of stumpage paid and
| where submitted to the court that fact will
| he stated with the decision rendered.
All moneys collected either on account of
timber sold or stumpage in compromised cases
you will deposit without Abatement with the
nearest United Stnt9s depository to the credit
of the Judiciary Fund. taking triplet certif-
Gates of deposit, the original of which you will
send TO the Secretary of the Treasury, the
duplicate to this office, and retain the tripli-
| cate; and you will submit an account showing
all receipts aud expenses on account of the
| timber business to this Office for adjustment
l return herewith the paper you enclosed
Very respectfully, your obt servant
| JOS S. WILSON, Commissioners
The majorities in White Pine county are az
| follows. Tritle "a. Randall ~. Slipuorlapd