The new North-west., 1882-06-16
IMPORTANT RULING ON THE rIMRER
LAW.

An unusual amount of amendatory rul-
ings, decisions. ard legislation affecting the
West has characterized events since Secre-
fary Teller took Charge of the Interior De-
partmeht and IL Is gratifying 1t is In the in
terest OF the people, and expressive 10 some
extent VI the views so long and hopelessly
entertained on the frontier. The principal
developments Of the past week or two have
been concerning the land and timber ques-
tions, and the latter is of more than usual
| importance. We all have occasion 10 re-
member yiyidly the dead letter timber law,
that 1t placed every man In Montana In the
position of timber thief, aud that large
number OF prosecutions were actually com-
menced under It,; also that amendatory
legislation In June, 1878, somewhat relieved
the situation, but yet, under the rulings of
the Department, practically required every
consumer to 90 10 the timber and cut his
own wood and lumber. Even until last
month Commissioner Mcfarland insisted on
this absurdity, which was persistently, uni
versally and necessarily violated by nearly
every person In Montana. This late affirma-
tion Of former rulings by the Commissioner
was called out by q letter of Mr.. George E.
White, Of Clancy, and contained the follow
ing: .@-4 F@
l would respectfully state that by the act
OF June y, 1878, aud the rules and regIla-
tions OF the Department prescribed there un-
der. To which your correspondent refers,
timber growing on the mineral lands of the
United States In Montana may be cut and
removed for mining and the other purposes |
named In said act, by individuals for their |
own individual use, but not for purposes of /
sale or merchandise, and the same may be |
manufactured for them into such lumber as |
they may desire for their own more conyen-
lent use. But they are prohibited from con-
tracing with Others to deliver TO them logs |
or lumber derived from the public timber;
and loggers, sawmill owners, or operators,
aud lumber dealers are prohibited from pur-
chasing and from selling to individuals, and
from supplying the lumber market with tim /
Der or lumber derived from the public do
main. -
Your correspondent Is not prohibited from
building sawmill to cut lumber for his
own use or for his neighbors, Gas he states),
provided he keeps within the terms Of the
law, and does not cut the timber for purpos-
neighbors only for the labor involved, and
not for the material.
Delegate Maginnis appealed from the
Commissioner to Secretary Teller, who, In
response, enclosed him a copy of "instruc-
lions Issued by the Interior Department
May 18th" and which were ELECTED by con-
sideration Of the trespass cases reported
from Dakota. The instructions are analyt-
zeal, argumentative, and directory, and more
han that are thoroughly sensible and sound.
Their length excludes them from this issue,
but their gist Is: The old law was a folly
aud was properly amended to permit settlers
70 use timber on the public lands In the
Territories; the ambiguity of that amend
ment has been misinterpreted and works as
great hardship as the old Law, defeating the
very intent OF the amendment. The special
agents OF the Government are therefore In
'tructed to conform TO the suggestions of the
Secresarys letter, which recognizes as lawful
and proper the use of timber as 1t has been
used In Montana all the time, and as we pre-
'ume IL has been in all other Territories.
The only restriction is against cutting small
'rees, less than the size prescribed by the De-
partment. Secretary Teller says the object
If the Government ought not to be to com
pei payment for timber cut, but to prevent
waste. This settles the question while Tel
er Is Secretary, unless some other law Is en-
lcted or his railing Is overthrown by the
Courts. We incline to the belief 1t will be
ecognized as correct view and stand. If
he Secretary continue as he has begun, the |.
Vest will entertain favorably motion to
eelare legal holiday the anniversary of
hat on which President Arthur placed him ,,
the head Of the Interior Department.