Arizona citizen., 1877-09-01
public lands by cutting timber, whether

' such timber was fit for naval purposes or not
 In pursuance of these provisions. on December 24, 1855, the then Commis si her of the General Land Office, Hln. Thomas A. Hendricks, issued circu. lar of instructions 10 Registers and Re ceivers of Land Districts, authorizing them to take charge of the timber busi- ness within their respective dislr cts, Us part of the general duties of their offices, and directed them as follows
 Under no circumstances will you compound or cOmprnmIse with any such irespassers, or receive any paV .Or compensation from them as acquit. al or discharge therefrOm or in any other manner; neither will yOuano. any permission t0 cut timber O. C.iY wise uespass on the public landst Us there Is no authority for any such pro. ceeding; but all such offences against the law must be prosecuted and tried by the authorities duly constituted for that purpose
 In the enforcement of the said act of 1851, you should be careful not to in- terierc with pre-emplion rights under tne act or September 1, 1911, the settler with view 10 cultivation, having the right, as hereInbefore indicated, to Use or destroy trees in clearing roads and constructing bridges or for any other purpose connected with the improve ment of his homestead.
 While thus liberal tD the honest set tier, you should be vigilant to detect and arrest the speculatur. who. in the guise of 8 settler, and under the sane ton of a declaratory statement, may contemplate the spOilaIpn of timber, and unless arrested, might seriously
 njure the publIc interest.
 Where the trespas>ers are unknown or known. and timber has been cut or removed off the public lands, you will cause 1t To be seized and sold at auction to the highest bidder, under such reg ulatioIs as sound discretion may sug- gest
 The only other provision found bear ing on the subject, Is tue act approved March 3, lS75, being chapter 15l of the Statutes passed at the second session of the Forty-third Congress, viz;
 Be it enacted by the Senate and House ot Representatives of the UnIt- cd States of America in Congress as semhled, That II any person or per sons shall knowingly and uulawfully cut. or shall knowingly and. assist. or be employed in unlawtully cutting, or shall wantunly destroy or injure. or pro- cure to be wantnnly destroyed or In- jured, any timber tree or any shade or ornamental tree, or any other kind Oi tree, standing, growing. or being up- on any lands uf the United States. which ln pursuance Of law, have been reserved, ur winch have been puicha,- ed by the United States for any public use, every such person or persons >o offending, on cOnvIc,iun thereof before any circuit or disluct court of the United States, shall, for everg such uf iense, pay d fine npt exceeding five hundred dollars, or shall be imprison- ed not exceeding twelve months,
 SEC. ,. That If any person or persons shall knowingly and unlawfuily break or destroy any fence, wall, hedge, or gate inc.osing any lands f the United States, which have, in pursuance of any law, been reserved or purchased Oy the United States for any public Use, every such pc son so offending. on convlctI n, shall, for every such offense, pay a fine not exceeding two hundred dollars, or be imprisoned not exceed six months.
 SEC. , That if any person or persons shall knowingly and uulawfullv break. open, or destroy any gate, fence, hedge or wall inclaSing any lands uf the United S.aie~, reserved or purchased as aforesaid, and shall drive any cattle. horses, or hogs upon the lands afure- said for the purpose of destroying the grass or trees rn the said grounds. or where they may destroy the ,aid gra>s or trees, ur if any such person or per sons shall knowingly permit his or their cattle, horses, or hogs Co enter through any of said enclosures upon the lands of the United States afOre said, where the said cattle, horses, orI hogs may or can destroy the grass or trees or other property of the United States "n the saId land, every such per son or persons SD offending, on cOnvic- ton, shall pay fine not exceeding five hundred dollars, or be imprisoned not exceeding twelve months PrOvid- ed, That nothing in this act shall be to apply to unSurveyed pub lie lands and to public lands subject toI and homestead laws, or to public lands subject to an act to pro mote the development of the mining resources of the United States, apprOv- ed May tenth, eighteen hundred and seventy-twO
 In his various annual reports for some years back, the Commissioner Of. the General Land Office has called the attention of Congress 10 the necessity of new legislation upon this important subject, a4d has suggested various pro visions for consideration. Nothing, as yet, has been done to provide for the sale of timber lands, and it is to be hoped that Congress at its next session will make it possible for miners and others to lawfully procure timber as they may legitimate iy need It.