Los Angeles daily herald., 1874-10-03
DEPARTMENT OF INTERIOR,
GENERAL LAND OEFICE,


Alfred Russell, Esq, Y. s. District At
torney, Detroit, Michigan:
SIR: have received your letter of
the 10th instant in relation to the
right Of homestead settler to use the
public timber upon the land entered
as a homestead. 1t is held by this
office that the homestead settler may
use the timber on the land which he
has settled upon for all necessary do
mestic purposes. as for building, fenc-
ing or fuel, but not for sale or specula-
ton.
If, however, in making clearing
for actual settlement and cultivation,
there should be an excess of timber
necessarily cut for that purpose over
and above what he needs for domestic
and farming purposes named, he is at
libery to dispose of such excess as may
best subserve the interests of his set
tlement, but it must in any such case
be satisfactorily shown that the party
is an actual bona fde settler, residing
on the land and performing such acts
as indicate his intention to make the
premises his permanent establishment,
and that such excess is of the charSc-
ter indicated, and not for speculation;
otherwise the party has no exemption
from the penalty of spoilation.
/ am very respectfully, your obedi-
ent servant,
JAMES S. WILSON,
Commissioner.
DEPARTMENT OF INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, DC, July II, 1874.
Register and Receiver, San Francisco,
California.
GENTLEMEN: 1 am in receipt of
your letter of the 18th ultimo, trans
mitting affidavit of John G. Beatty,
setting forth that he is qualified pre-
emptor upon tract of land situated in
Township 10 N, IA w. Mount Diablo;
that he has Improvements thereon,
consisting of houses, barns, stables,
orchard, fencing, etc., to the value of
over $1,000; that he has deposited
Sll5 to pay for survey of same, but
that the township plat of survey has
not yet been filed in your office; that
in preparing his land for cultivation,
he has cut and prepared for market a
quantity of wood and q little more
than 100 cords of bark which will be-
come worthless if allowed to remain
upon the land undisposed of until his
title is perfected.
In view of the foregoing facts and
that he desires to cultivate the land
upon which he now is, he asks that he
may be permitted to remove and dis
pose of the same.
In reply, have to inform you that
bona tide pre-emptor upon timber
land, who finds it necessary to remove
the timber in order to prepare the land
for cultivation, may make such dispo-
sition of the timber so removed as lie
thinks proper.
In the construction Of the Act for
the prevention of the removal of tim
Der from the public lands, this office
does not presume the same to have
been framed for the purpose of embar-
rassing the honest settler, whose OBJ
ject is to clear and prepare his land for
cultivation, but rather to serve as q
check upon the dishonest speculator,
whose only object is to despoil the
public lands of timber for purposes of
gain.
Mr.. Beatty may, therefore, be per-
mitted to remove and dispose of such
timber as he actually finds necessary
in order to prepare his land for culti-
walton, he being responsible for the
proper use of the privilege.
Very respectfully,
S. s. BURDETT,
Commissioner.