Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-03-13
CONGRESSIONAL AND STATE
TIMBER LAWS.

aOSurdlues, ana their general enforce
ment is as impracticable, as well as i'm
possible, as it would be to inhibit settlers
from drinking from natural springs.
They can never be put in general opera
ton, and never will be enforced except
as engines of persecution-when per-
sonal spite or cupidity is the motive of
persecution. Almost every frame struc-
ture in this State and the Territories is
constructed Of material procured in vo-
lation Of these improbable laws. To en-
force them would be to drive all the set
tiers ont of the country and surrender it
back again to the sayag s. The timber
and agricultural tracts are distinct
in all the mountain regions, and the
latter would be unavailable if the
settler could not have free access to the
former. Yet, in the face of this most
obvious fact, the General Government
continues on the statute books severe
penal enactments against cutting timber
on the public lands. A half century
back, when new farms were only made
by carving them out of interminable for
ests-as was generally the case in the
Middle States-these laws were probably
well enough, as through them the earli-
est claimants were prevented from injur-
ing subsequent pre-emptors by selecting
promiscuously the most valuable timber
for building fencing, and other pur-
poses; but after the ever receding
frontiers had reached the timberless
prairies and mountain valleys they be-
came impracticable, and should have
been wiped from the statute books. In
stead, however, of wisely legislating to
meet the changed circumstances, we find
a law now proposed by Window, of Min
nesota, which is in the same spirit as the
original laws, and far more severe in the
penalties prescribed. Its language is
that any person or persons who shall
cut, or cause or procure to be cut, or aid,
or be employed in cutting, any tree or
trees standing, growing, or being on any
land of the United States, within any of
the States or Territories of the United
States; or if any person or persons shall
remove, or cause or procure to be re-
moved, or al !, assist, or be employed il
removing, any tree or trees as aforesaid,
from any such lands, unless duly author.
lied 50 to do by competent officer Of
the United States. every such person or
persons 50 offending, on conviction
thereof before any court having compe-
tent jurisdiction, shall, for every such
otfense, pay fine not less than two hun
dred dollars nor more than two thousand
dollars, or be imprisond not exceeding
twelve months" Suppose the strict en-.
forcement of such law anywhere i,
this State? Depopulation would be
the inevitable result. But with
what grace or consistency can W,
complain of such an infamous enact
ment when our own State Legislature
which has no constitutional right t.
legislate on the subject at all-passes
law against eating timber on the publ
land, still more Understanding in it
application and severe in its penalties
The following are the first two sections O
the law which received Executive ap
proyal on the Sd OF March, 1871. anC
which is now the local law on the subject
SECTION l. 1t shall be unlawful for an,
person or corporation to cut down or re
move or cause to be cut down orremoved
any wood, timber or trees, on or from an,
land in this State, to which land th
State, or any person or corporation ha
or may have an inchoate title, or an,
title less than fee simple, and the provi
slons of this section shall apply to tn
owner of such inchoate title, or title les
than fee simple, the same as to othe
persons and corporations.
SEC, 2. Ii an owner of an inchoat,
title to land in this State, or title to sucl
land less than fee simple, or any othe
person or corporation, shall violate tn
provlsons OF the first section of this Act
such person or corporation shall b
deemed guilty of misdemeanor. and
on conviction thereof, shall be fined il
any sum not exceeding five hundred dol
lars.
The only practicable and just legisla
ton on this subject would be to grant
every homestead or presumption claiman
AS has been proposed in Congress, W
believe-40 or 80 acres of timber, to b
selected anywhere within twenty miles O
his farm, to be entered and paid for a
the same price per acre, and under tn
came conditions, as presumption claim
are purchased. And then, to meet til
imperative requirements of trade an
manufacturing enterprise, timber land
surveyed or unsurveyed, should alway
be saleable in tracts of limited extent
the purchaser to pay for special surve
where the government surveys do not en-
brace them. A law OF this characte
would meet the exigencies of the cast
But no jury could be found between Fol-
n