The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1874-06-04
sTUuPAGE AGAIN.

We are indebted to Hon. John s. Gray Tor
the following abstract Of the laws Of tho United
States. and decisions Of the courts had there
under, 10 relation to tresspassiDg upon the pub
lie domain. In opposition to this We have heard
lawyer express the opinion in very positive
manner that the construction put upon the law
BY the Marshal is not the correct one; and that
he can beat it before the Supreme Court Of the
United States and we are strongly inclined to
the opinion that he is correct 1t has long
been the policy of our Government to permit
squatters on the public lands. who have enjoy
ed all the privileges which the nature and cir
cumstances of their situations required. One
of those privileges has always beeD-and that
most important one too-the cutting OF tim.
Der, and It's use for all of the purposes neces-
sary to the successful prosecution of the occu-
pations and pursuits of the settlers, whether
engaged in farming or mining, and the aston
ishing rapidity with which our frontier has
been peopled is largely owing to this liberal
policy. Therefore we do not think it would be
good policy. at this day, to adopt new and
bad rule. in place Of an old rule which expert
ence has shown to be good one: nor do we
think it the intention of the law to set up any
practice or procedure which would, as this
would do necessarily retard the growth of any
section Of the country. The question Of wheth-
or or no settlers on the public lands of the Unit
ed States were tresspassers under the law was
brought up 10 Wisconsin. about thirty years
ago, and unless our memory 10 greatly at fault.
decided against the doctrine; but having no
authorities on the subject. and there being none
within reach that We know Of, We, Of course.
cannot undertake to refute the position OF the
Marshal or to gainsay bis act. much as we de-
sire to see il overthrow unless we have facts
TO work on. II any Of our readers wish to
take up the subject the way 10 open for them
to do 90; and We doubt whether their time
could be more probably employed for Idaho.
than in successfully showing the tallacy Of the
new monstrosity Of stumpage:
The act Of March 2. 1881 (Which 10 in force
now makes the cutting Of timber on the pub.
lie lands Of the United States n criminal Of.
Tense. punishable with fiae and imprisonment.
Fourth statute Of the United States. page Az
also see Brigh;ly's Digest Of the Laws Of
the United States. page 81. Sec. 8. The
above mentioned law 10 fully considered in the
case Of United States ~. Briggs, 9 Howard's
Reports. page .s5l. in which the Supreme Court
eide that the said act authorized the prosecu.
iion and punishment Of all trcspassers on pub
lie lands by cutting timber. whether such tim.
l.. 20 f.
In I'd Wheaton's u. s. Reports page Isl.
il ID held that the United States. as owner Of
the lands. has all the legal means Of protecting
the timber which individuals enjoy in like cases
In 1855 III. duty was imposed upon the Reg
lister and Receiver Of the District Land Offices
Ia act az timber agents. See circular from
the Department Of the Interior. dated DE
ccmbcr oath. 1865. (Which circular can be seen
at the Land Office at Boise City,.
l also refer you 10 the Reports Of the Land
Office Of 1872 and 1879. / copy from the re-
port Of 1873: "When reliable information
reaches the Register and Receiver that spoila. |
ton Of timber il committed, then instruc.
tons require them to investigate the matter
and TO scize all timber found TO have been cut
without authority on the public land. to cell
the same to the highest bidder at public auc.
ton and deposit the money in the Treasury. |
They are also IN bring the oacnse 10 |
the attention of the proper officers that the |
may be arrested. In these pro. |
ceedings. however. the purpose in view being |
merely to protect the rights Of the United
States and not ~ indulge in vindictive prose.
cutions. due regard being had to the circum.
stances Of each case and when these justify so
doing. the District officers are authorized to |
with the parties, on their paying
any COSTS incurred and reasonable stumpage
for the timber. which 10 then released and pros.
ecution waived"
The following il copied from a letter from
The General Land Office at Washington to the
Register and Receiver at Boise City, T.
dated April 90. 1874: "Cnder the circular Of
December -. 1856. (before referred to) the
duty dcvolved upon you Of acting as agents for
the protection Of the public timber in your
you find the public land in your
district is being despo,led Of its timber you
will act in the case according to instructions
in the 6. Z. 8 and 9th sectons Of said
circular (Which 10 to seize and sell, etc.,.
But when. in your judgment. the circum.
stances justify 30 doing you may compromise
The matter on the party paying any costs ia.
Cured and reasonable rate of stumpaQe for
The timber; otherwise, in addition 20 the
seizure and sale Of the TIMBER, you will
report the case to the u. s. District Attor>
ney. with the witnesses BY whom the olTeuse
ian bs proven for prosecution under the penal /
act Of March 9, 1881"
THR Louisville Courier. Journal asserts that