Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1878-03-28
THE TIMBER DEBATE.
Blaine and Sargent's Remarks in
the Senate.
Flattering Allusions to Montana's
Delegate.

Delegate.
On the 1st inst the Senate, in Committee OF
the Whole, proceeded to consider House bill
3.072, to authorize special term of the Cir.
cult Court OF the United States for the South.
ern District Of Mississippi. to try certain tim.
ber seizure cases, of which our readers have
heretofore been informed The bill, as finally
disposed of, was ordered, on motion of Ham.
lin, of Maine, to lie on the table-the vote
standing, yeas A, nays 10. In the course OF
the debate Blaine took prominent part, con.
fining his remarks largely to the timber cases
in Montana, to which his attention had been
called by Delegate Maglnnis. The Senator
said;
Il find that in sections 2461, 2462 and 246a
of the Revised Statutes there are certain pro-
hibitions and penalties in regard to trespasses
upon the public lands and taking and remov-
ing timber therefrom, and at the end of each
of these sections there is a direction to sec
ton 4751 of the Revised Statutes, and that
says:
"'All penalties and forfeitures incurred
under the provisions of sections 2461, 462
and 2463, title The Public Lands shall be
sued for, recovered, distributed and accounted
for under the direction of the Secretary of
the Navy, and shall be paid over, one-half to
the informers, if any, or captors, where
seized, and the other half to the Secretary of
| the Navy for the use of the Navy pension
fund; and the Secretary is authorized to
| mitigate, in whole or in part, en- such terms
and conditions as he deems proper, by an
order in writing. any, fine, penalty or forfeit
ure so incurred
"Mr. President, I think that oftentimes as
much wrong and injury result from the harsh
and injudicious enforcement of just law as
from the lax observance of it. or even from
the failure to enforce it at all and l have
been under the impression, without speaking
in any terms whatever of personal disrespect
to the Secretary of the Interior, that he has
been adopting line of policy suddenly,
without due notice, roughly and cruelty,
without regard to right, in various parts of
the country, which has called for great deal
of public criticism and observation, and
which in this case has been considered so op-
pressive that the persons injured have sought
| an extraordinary remedy. was brought to
this conclusion not SO much by my knowledge
of this case (for that is very limited) as by
several communications have had in regard
to what the Secretary of the Interior hac
done in another part Of the country.
sAllusion has been made to what has trans
pired in Wisconsin and Minnesota. Of that
know nothing; but heard good deal of
what had been done away off in distant
Territory, the Territory of Montana, and the
Delegate from that Territory, whom l have
known for some years as an unusually lntelll-
gent, observant, faithful representative of
his people, put in my hands minute in re-
gard to what had been done under the orders
of the Secretary of the Interior in relation
to timber and wood claimed as belonging to
the Government, which seemed to me to prove
such extraordinary conduct as to warrant a
belief that he might be very harsh and un-
Just elsewhere"
Mr.. Edmunds. ask my friend if he
has inquired of the Department of the In
terror what answer it has to make to this com.
plant of the Delegate?
Mr.. Blaine.-No; but the Department of
the Interior has exactly the same opportunity
to answer that have
MIR. Edmunds. Senator has only heard
one side
Mr.. Blaine--The Interior Department
does not wish Senators or Representatives to
visit it.
Mr.. Edmunds can write letters.
Mr.. Blaine.-Of course the mails are open
to Senators and open also to the Secretary.
If he should choose to present the other side
in letter to me will cheerfully lay it be-
fore the Senate. know the Delegate, MIR.
Maginnis, far better than know the Secre.
tary, Mr.. Schurz. This minute l will take
the liberty of reading, not as an arraign-
ment 0f Mr. SchurZ hut as showing that nos.
sibly, with all his zeal and diligence on be-
half of the Government he may do some
very grave wrongs to individuals and to
words; 1t is not very long:
Montana was settled under the provisions
OF the mining laws and public land laws. All
timber is in the mountains, the valleys being
all prairie lands. Farmers, miners, and all
the people went to the mountains for their
wood, lumber to build their houses, etc. As
1t is an interior Territory no wood could be
cut for export and all cut was used for do
mestic purposes. The Territory by wiss
laws 7 .
This is what the Territory did for the
United States as wen as for itself-
The Territory by wise laws kept fire out OF
the mountains, and expended money and
labor, so that the aggregate amount OF timber
to-day is much greater than when the Terri |
tory was first settled.
No woodlands are surveyed. There il no
way OF obtaining title to woodlands. No
waste was charged. and the people, OF course,
had to use this mountain timber or leave the
country. 3
An agent was appointed, who was borne