Arizona citizen., 1877-09-01
TIMBER ON PUBLIC LANDS.
Laws, Regulations and Decisions
 Regarding It's Use.


 If settlers. not only in Arizona but in all the Stltes and Territories west Of the one hundredJh meridian, except those bordering on the Pacific Ocean were prohibited from using the grass and wa'er upon public lands, life would be almost impossible in that sec tinn. Next h importance to these ab- solute, fundamental necessities of life. and yerging close upon them, is the necessity for timber and wood. Yet ai present, ihe timber laws are such that any one who cuts timber for any pur pose whatever, whether or fuel, build Ing, mining or for sale, takes that tim Der unlawfully and renders himself liable 10 criminal prosecution and the consequent fine and Imprisonment. The of the government officers has lately been called to cases of this kind and therefore large quantities of logs have been selzed in Louisiana and Minnesota while, as noticed Tn our issues of August II and 9, settlers have been tried and convicted recently before Judge Hoffman of the U. s. District Court of California, for depre- dating upon timber growing on the public lands. Such is the importance of this subject and th growing desire 10 become thoroughly acquainted with all the laws and regulations thereon, that we have prepared the following, which refers to all the laws, regulations and decisions that we can find upon the subject. It will be seen that no provision whatever Is made for the sale or leasing of timber, so that it is for settlers 10 purchase.
 Previous to 1881, there was no pro- vision of law relating to public timber In 1891, however, tine then Attorney General, Mi Wirj. rendered, on May 27, an opinion as follows:
 Independent of positive legislative provisions, apprehend that in relation tp al property. real or personal, which the United States are authorized by the Constitution to hold. they have all the civil remedies, whether for the preven- ton or redress of injuries which lndi- vIduals possess, (See 8, Wheaton, lSl) So the United Stalcs being authorized to accept and hold these lands for the common good, must have all the legal means of protecting the property thus c1ntiicd to them that individuals en- iov in like cases. E # * They are. therefore. in my opinion, enG led to the injunction of waste by way o. prevention, and tp ihe action of tres pass by the way of punishment, in like manner as individuals, similarly sItua- ted, are entitled to them.
 In an opinion, dated August 9, 1893, Attorney General Fancy, afterwards Chief Justice of the Supreme Court, cIte, this opinion of Mr. Wirt and con- CUTS in it.
 Attorney General Mason, in a com of July 16, 16lj, refers to- an opinion of Attorney General Nelson, of August II, lS43, and, in concurring in il states:
 When the right of preemption ex isfs. lhe settler who has complied with he provisions of the act of september i. 1Stl. has a right 70 occupancy for twelve mOnlhs. within which he ny perfe t his ti.le by paying the mani mum price of 'hc land. Like the scl- ll-rs under the armed occupation aci, hi. right is inchna'e only, and he has only those rights of property which are necessary to the perfccting "f hts title. He may clear the land, build on. il and cnciose il with view to cultiva ilan. For these purposes he may use or destroy any trees which may be nee eSsarv. but wituin these restrictions. lnd necessary fire-wood, he is cUnfn- .d.
 The only law affecting the general subject O. timber upon public lands roupd, is section of the penal act of March 9. 1851. and this is now incor- 1orated as follows in the Revised Stat l,es or the United States, section 246l
 If any person shall cut or cause or. procure to be cut, or aid, assist, or be employed in cutting, or shall wantonly lestrov, or cause or procure 10 be wan .onlv destroyed, or aid, assist, or be l employed in wantonly destroying any ivc-oak or red cedar or other trees, or other timber standing, growing, or be inc on any lands of .he United States, ! which. in pursuance of any law passed, 1 ,r hereafter to be passed, have been re- l served or purchased for the use ot lheI United States. for supplying or fur lishiug thereirom timber for the navy If the United States; or If any person shall remove, or cause or procure tO be ! removed. or aid, or assist, or be em-I llnyed in removing from any such ands which have been reserved or pur- chased. any liveoak, or Ted cedar trees ,r other umbcr. unless duly authorized 50 to do, by order, in writing of a com petent officer, and for the use ot the Navy of the United States; or If any person shall cut, or cause or procure to De cut. or aid or assist, or be employed n cutting any live-oak or red cedar rees, or other timber. or shall remove. ,r cause or procure to be removed or id. or assist, or be employed in remov- nr any livc.nak or red cedar trees oTI