Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1878-04-25

and of Michigan, Cox of Ohio, distln-
rn;shed Renresentatiye in the other branch
At the present time; Chandler OF Michigan,
a man acquainted with affairs, pre-eminently
careful. painstaking and economical l chal-
|enge any gentleman here to tell me where,
nnder anv of these Secretaries, careful, thor
ough. practical business men. guarding win
jealousy all the rights and interests OF 'ne
United States. a settler has been asked TO pay
stumpage on cordwood. Sir, it is one of the
of the government, it is thing |
which has been conceded by the government.
that the hardy pioneer who goes forth ana
bears the flag of civilization onward against
difficulties and throug b dangers that appai
stout hearts, that you and never undertook,
shall have the air and the water ana the
wood that he shall breathe and drink ana
be warmed freely that he shall ENJOY with
ont money and without price the air of heaven
and the waters that trickle down the noun
tain sides. and the wood that grows on the
mountain tops. I say there is no possible
pretense in the world for exacting stumpage
from the settler, nor is there any law on the
statute book for it. What does the Secretary
ouote? Allow me to read it. Here is the
law. section 453 of the Revised Statutes as ne
says, which provides that
The Commissioner of the General Land Office shall
nerform under the direction of the Secretary OF the
Interior all executives duties 10
States or in anYwise respecting such pubic !ands,
and also such relate to private claims OF and ana
the issuing of patents Tor all grans VI Iau uhuel o
authority of the government.
Then the Secretary goes on to say:
That the right to adopt proper measures to suppress
depredations upon the public lands is authorized by
the phrase cor in anywise respecting such public
lands" it seems to me, cannot be questioned.
Then, under that clause, ''or in anywlse
respecting such public lands" the Secretary
finds direct authority for sending out spies
and agents, 80 we'll described by the Senator
from California, and collecting dollar
stumpage off the cord-woOd OF the distant
frontier settlers. That is the most elastic
statute of the United States that ever met.
have heard the anecdote of the man who quoted
some extraordinary constitutional law before
the court, and the judge did not know where
the authority could be derived for 1t, and the
attorney said it was in that clause that gave
Congress power ''to carry out" And so
the Secretary finds it here Gin anywise re-
spectipg." and then he goes forward to levy
a tax of a dollar cord on the winters wood
of the poor settler in the mountain gorges OF
Montana.
The Senator from Ohio read the Secretary
letter, and quotes a long section-sectlon
2461 of the Revised Statutes Of the United
States-in regard to the preservation OF TIM
ber such as is involved in the case the Sen
ator from Mississippi (Lamar) is interested
| in, and quotes that as his authority, whereas
| right at the end of section 2461 is a fOot-note
and an asterisk to direct attention to 1t, which
! saws "see section 4751" Now allow me to
! read section 4751:
All penalties and forfeitures incurred under the pro-
visions of sections 24i 2462 and 2463. title lhe pup
lie lands" shall be sued for recovered, distributed
and accounted tor under the directions OF oe oecre
| tary of the Navy
Mark you, 'sunder the directions of the
Secretary of the Navy
and shall be paid over, one-haf to the informers
any or captorS where seized, and the other half tc
the Secretary of the Navy for the use OF the navy pen
in whole in part, such terms and condltlons a:
| he deems proper, by all order in Wrltlng any nne
| penalty or forfeiture so incurred.
Where under that section, l should like tc
ask the Senator from Ohio, whom recog
nize as an able lawyer, does the Secretary OF
the Interior derive authority?
Mr.. Matthews-The Senator from Maine
will allow me to refer him to the Secretary
of the Interiors answer for that
Mr.. Blaine-That was not satisfactory, anC
I ask the Senator from Ohio. If it had beer
satisfactory would not have asked him.
MIR. Matthews-The Senator asked mi
where the Secretary of the Interior finds IT
The Secretary of the Interior has alreadI
stated.
Mr.. Blaine-He does not state where h'
finds it.
Mr.. Matthews-That is all KNOW.
Mr.. Sargent-He finds it in those section
which are against him.
Mr.. Blaine-He quotes these sections AM
forgets the asterisk ut the end ot the sectlohs
which were made for the protection OF shll
timber, like the royal preserves IN Europea'
countries, where we might nave lVe-oa'
and other timbers necessary for the construc
ton of navy and those lands were pu
under the protection of the Secretary OF 10
Navy. Now, the Secretary or tue nav.
must be very Negligent officer or the occre {
tary of the Interior is very superserViceaD
one-one of the two, do not know WHICH
is. The Secretary of the Navy strikes me a
being very live, active, energenc gentleman
do not believe he needs the shgntest assis.
J ance from anybody in the discharse- OF nl
dnties. / take it that he is at aesst as good u
lawyer as the Secretary of; the !n!ef'or. an
that he has read the statutes OF the Onite
States that relate to his Department; "no
he had imagined that there were. any deprt
dations calling upon the Government OF To
! United States fol. Intervention and correctiol
:. he would not have been slow to act, ana d
/ would not have felt himself bound to "a
back upon ''in anywise respecting the pnon
lands" for an authority to his duty under N
statutes of the United States. g8 - :,
l The Secretary of the Interior says tn,
J there is a '.wood ring" in Montana. II
difficult to speak of this suggestion Wild =
! spect. because Of its utterly absurd casra'