Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1882-07-09

! Some time aeo the telegraph reported
tina. Secretary Teller had rendered de-
cisioa to tae effect that i. WIS lawful 20
cut timber on pubic lands to be convert
ed into lumber. wood. etc. fox sale to o.
c1pants of the public domain. The text
of the decision has bsen received. 1t
cisariy do~s act a.2isly 70 osyg9a o. Hasl.-
iATt0a Territory. s-ye IN those few por
| tons os each which ars known as min
eral districts OF the United States"
| Tie first section of an act Of Con-
cress approved June Sd. 1878. provides
THAT all citizens OF the Csiisd States
| and Other persons, 1sz-a fds residents Of
the State Of Colorado o. Nevada. o. ell
tier Of the Territories o: Nav Mexico,
Arizona, Utah. Wyoming Dakota. id4.so
o. Montana. and ell other mineral dis
tricts Of tie United States, shall be, and
are hereby authorized and psrniistst to
fell and remove, for building, acricnltu-
| raj, mining. or other domestic purposes,
any timber or other trees growing or be-
| ing on the public lands. said lands being
nsiserdl, and not satj-,t to entry under
existing laws Of tis United States, ex-
cept for mineral entry sab
ject to such rules and regulations as the
Secretary Of the Interior may prescribe
for tbs protection Of the timber and Of
the underground growing upon such
l.ads.-
Under this a,t the special timber
agents, citing under the or lers OfpEior
Secretaries seized large quantities of
wood and lumber in the States and Ter
ritories named. generally cOmpro-
missing with the alleged tresp.ssars upon
their paymen. Of fifty cents cord.
T T., 81 - ,l-
raj hundred cords of wood cut Oh miner
TO the attention of Secretary Teller. who
decided that the parties who cut the wood
wers no. guilty OF the violation of law,
aud ordered the wood seizad released.
|. In hisopinion Secretary Teller says lit
has been alleged that tho act of June j.
1873, does not apply to persons eating
timber OH mineral lands for sale, aad
that :oenabls any person to have the
benefit of tho act, he mnst Gu:
timber for his own use and not for sale.
Such construction defeats the very in
tent of the act. which was to allow the
settler on mineral lands to have the
benefit of the timber thereon growing
for use within the Territory or State
where it grew. 1t cannot be SUPP, Sod
that Congress intended to say by that
act to the inhabitants Of the mineral To-
oions, that while they might 20 on the
lands of the United States and cut timber
for their use, yet they could not employ
Others TO cut timber FOR them. or pur-
lase it of those " no had cut or prepared
i. for use. < The act WAS passed.
10 establish by positive ehactmea: a
right claimed ana exercised without IL
reference on the part of the Government
Tor period OF about thirty years. The
construction heretofore given 10 it by
this Department has defeated the pur-
pose of the act, and has been of no adj
vantage, either to tho Government or the
people residing on such mineral lands.
= If the timber is cnt having re-
ference to the rule established by tie
Department as to size, etc, Do complaint
ought to be made. Tou will.
therefore, instruct thu special agents
now in the States and Territories named
in the act Of June 3, 1878. 20 conform to
the suggestions herein"
The inhabitants of such parts OF Ore
CON and Washington ~ are not mineral
DISTRICTS" were provided for By another
act entitled AN Act for the sale OF tim
Der lands in the States OF California. Ne
vada, Oregon and in Washington Terri
tory" approved on the same day "a the
law referred to by Secretary Teller.
This law, as readers Of the Ua;os know,
provides for the sale of timber lands in
the States and the Territory Damet. in
tracts of not moro than lG0 acres to Ons
person. for $3.50 per acre. Score
tary Teller's decision has made no
change in the legal aspect OF the timber
lands i'll Washington and Oregon except
IA to such parts ofithem a. are known AS
mineral districts" The man who cuts
timber on Government land in Washing
ton and Oregon il as liable To penalty
now as before.-Eaioa.