Los Angeles daily herald., 1874-10-03
CUTTING TIMBER ON PUBLIC LANDS
The Rights OF settlers Defined.
DEPARTMENT OF INTERIOR,


GENERAL LAND OFFICE,
WASHINGTON Cd. c., Sept. 16, 1874. J
Register and Receiver, San Francisco,
California:
GENTLEMEN: 1t has been repre-
sented to this office that cases have
occurred where bona .Jide homestead
and pre-emption settlers have neces-
sarily cut timber on land embraced in
their settlements, in clearing the same
for the purpose of cultivation, which
they have the right to do for that pur-
pose, as set forth under the Sd head in
the circular of December "a, 1855, that
the timber so cut has been found to be
in excess of their wants for domestic
or farming purposes, and that you
have held in such cases that the set
tiers were not at liberty to dispose by
sale of the excess of timber, even al
though the alternative should be to
burn or allow it to rot on the premises.
1 have therefore to state that in any
such case the settlers should be allowed
to dispose Of the excess of timber, over
and above their wants for domestic
uses, in such manner as may best sub
serve the interests of their settlements.
This is to be understood, however, as
having reference only to cases in which
you are satisfied that the parties are
acting in good faith as honest settlers;
that the purpose of the cutting was to
clear the land required for cultivation,
and not sale or speculation, it not
being intended that you should in any
respect remit or relax your efforts to
prevent spectators from using home
stead or pre-emption settlements as
cover for the fraudulent purpose of
stripping the land of it's timber Very
respectfully, your obedient servant,
S. s. BURDETT,
Commissioner.
DEPARTMENT OF INTERIOR, J
GENERAL LAND OFFICE,
WASHINGTON Cd. c., Sept. II, 1874.
Il. j. ParshdU, Esq, Rosedale, Han
son County, Dakota:
SIR: In reply to your letter of the
Oath ult., have to state that it is held
by this office that settlers under the
homestead or pre-emption laws may
use the timber growing on the land
upon which they have settled for all
necessary domestic purposes, as far as
building, fencing, and fuel, but not for
sale or speculation, until after they
have proved up and paid for the land,
if pre-emptors, or if homestead settlers
have made the required proof of set
tlement and cultivation, and obtained
their final certificates, according to
law.
If, however, there should be any
"dead" or "fallen" wood on the land, or
If, in making clearing for actual set
tlement or cultivation, there should be
an excess of timber necessarily cut for
that purpose, over and above what is
needed for domestic and farming pur-
poses, the settler Is at liberty to dis
pose of such wood or excess of timber
in such manner as may best subserve
the interests of his settlement; but he
must, in any such case, be able satis-
factorily to show that he is acting in
good faith, residing on the land and
performing such acts as indicate his
intention to make the premises his
permanent tablishment, and that the
disposal Of the timber was done under
the circumstances stated, and not for
spoilation; otherwise, he may render
himself liable to the penalty of that
offense, as indicated in the circular of
December 81, 1855; copy inclosed.
Very respectfully, your obedient SER
want, 5. S. BURDETT,
Commissioner.