Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1877-11-29

y To McSSrS. ANerbIch and others:
Lave been before the Department on ii
wood seizures Ill day. Hope for fayor
, Bile answer tomorrow.
MARTIN MAGISNIs.
WARRINGTON. Nov. 20, 1877.
TO Mcssrs. Aucrbacll e. Ashby:
The Attorney General has ordered tn
wood released on your bond. will pus
10 have tile cases dismissed. !, ''a~s..
MARTIN MAGISNIs.
, L. S. District Attorney r. S. Anderso
. rec lived instructions from the Att y-Gen
in siIbtance us follows:
File seizure of wood c,it ion the land
of tie United States. Immediately neces
sary for the wants Of the community. ma
be relinquis',ed upon the stpnla,ions bein;
given to the satisfaction of the court. .th:,
a fir value shall be paid therefor. if IL,
Il, adjudication shall bc in Gvor OF the CAite'
States.
This, for the present, obyiates the suffer
ing that would necessarily cnsue had tll
release been refused. but the law still eX
lists and Until it is amended, wood is liable
to seizure and tie owners put to consider
able expense and annoyance, to say tlit
! least. The act was passed in 1881 and was
designed to protect ship timber in some o.
tie Southern States. Under this act. how
ever. parties have been prosecuted in sew
e!al of the Southern States and in Mime
sofa. Wisconsin, Colorado, Utah, Arizona.
and other Territories. Millions CT feet of
logs have been seized in Minnesota. and
out of twenty-nine civil suits instituted,
ninet9 en- have terminated in favor of the
Government and the progress OF the 9th
crs indicate that they will come to the
same termination. Under the law. as it
row stands and the preccdents established
by the courts, there is no doubt bat what
we would stand no prospect of success in
Il suit. The only relief is for Congress to
pass 4 law on tie subject, which shall grant
lis the use Of timber from the public lands.
subject to certain restrictions. OF allow GER
tain tracts of it to be taken up as was pro-
posed by Mr.. Claggctt while delegate. The
bill introduced by him permitted the pre-
cmption of l20 acres of arabic and 40 acres
Of timber land. bIt it failed to become a
law.
70 comply with the law as it now stands
would be al absolute impossibility. as pco-
pie must lave fuel. or freeze. and it is hard
" likely they would do the latter. be their
love Tor the parental Government ever SO
strong.
The following are the latest instructions
II regard to the matter: |
WASHINGTON, ID. G.. Nov. %. 1877.
10 Il. 5. Anderson. L. 5. Dist. Attorney.
Helena. Montana:
Seize wood cut upon public lands Of par
les holding ii for sale. Settle with parties
Or wood seized ut i fair market value
where now situate.
CHAS. S. DEVENS.
Attorney General.
We understand that some Of the parties
car Bozeman have discontinued cutting
inber since hearing Of the wood seizures
t Helena. We see no necessity for this. as
re must lave wood. and under the last in
,ructions of the Attorney General. if the
;ood is seized. Il release can be obtained
With very little annoyance or trouble. The
iood seized in Helena has been released
II ler bonds.
he seizures have been made:
III any person or persons shall cut. or
l'lse or procure to be cit. or aid. assist or
e employed in cutting. or shall wantonly
estroy, or cause or procure to be wa,itOn-
y destroyed, or aid. assist or be employed
wantonly destroying any live oak or red
e'lar tree or trees. or other timber. stand
g. growing. or being on any lands of the {
nited States. which in pursuance of any {
Nv passed. or hereafter TO be passed. shall I;
ave been reserved or purchased for tie use =
the United States. for supplying or fur Z
shng thcrefrc:. timber fer the navy of 4
&c United States; < or If any I
.'son or persons shall cut. or cause or a
'oc',re to be cut, or aid, assist or be en-
Dyed in cutting any live oak or red cedar t
&c Or trees. or other timber on. or shall +
move. or cause, or procure to be re,nov- +
!. or aid. or assist. or be employed in re- n
owing any Eve oak or red cedar tree or Il
aes or otter timber from any other lands Il
the United States. every such Il
rson or persons so offending. on conyic- Il
IN thereof before any court having com 4"
tent jurisdiction, shall. for every such of. Il
ace. pav Il fine Of not less than triple the Il
lue OF the tree or trees SO cut. DESTROYED e.
removed, and shall be imprisoned not v
cccdin- Twelve months" 81
The object OF the Government in MAX tt
the seizures in Montana, as we are re- t.
bly, Informed. is not to prohibit the peo-
2 from securing such timber from the N
bile lands rs may be necessary for do q
,stic purposes, but to protect the Young. &C
owing timber. which wood spectators III
'ariably cut, and to prevent the removal Al
such timber from Government lands. oil
person removing dead or fallen timber 1t
M public lands tor his own use need tv
We any fears of prosecution from tile II,
vernment. but parties cutting live tim OF
on public lands to any extent. whether O!
I'LL contract ut u Government post or at
private speculation. will be prosecuted. hi
da
PORTANT ORDER TO HCxDERS wi
OF GOVERNMENT VOUCHERS RI
SCI
iEADQ RS DEPT OF THE COLUMB1A,) eta
PORTLAND. OREGON,
November 8, 1877. ~
ci:l Orders. oe
No. 1G5. silt
-Whereas. it is officially reported that 50
~ Officers. whose temporary functions for