The Billings herald. [volume] (Billings, Mont.) 1882-1885, 1882-10-26
ASTOUNDING DEVELOPMENTS.
Marshal Botkin's Scheme to Revive the
Wood Seizures in Montana
by Hon. Martin Naginnis.


of the characteristics Of carpet-bag officials
that they look out for number one' re-
gardless of the interests of the people.
They are here to make money. They do
not consider it home. They know that
they secure their positions without regard
to the sentiment of the people of the Ter
ritorics and in defiance of such sentiment,
and hence they care but little for popular
opinion.
This fact is illustrated in the case of Mar
shall Botkin with reference to timber
seizures in the past, have been largely in
stigated by United States marshals for the
fees and emoluments resulting therefrom
! In 1878, when the federal marshals made
a general raid upon all wood cut and lum-
Der sawed in the Territories, Delegate Ma
ginnis introduced bill exempting all tim
Der from seizure when used for domestic
purposes and not for export. This bill he
passed through the house with great yigor
and supported its passage in a speech Of
marked ability and .eloquence, which at
| tracted much attention at the time. In the
senate Blaine and other friends who were
enlisted by Maginnis in support of the
! measure, carried the bill through trium-
phantly. Senator Blaine in the course of
the debate paid glowing tribute to Magin-
his, the author of the bill, which after
wards became law.
The people Of Montana, after the passage
Of this law, considered the vexed timber
question settled. But the restless and ra-
paeious spirit OF the United States mar
shals, and notably of Marshal Botkin, was
not content with any such settlement.
Carl schurs, while secretary of the interior,
opposition, had frequently intimated cor
st-uct;on of the law which would virtually
render it rEgsatory. He held that the law
cnly contemplated permission to TIE res
ideats and citizens CT the Territories to cut
s-ch wood and saw such lumber as they
needed fo- their own use, but that no man
under the law had the right to cut wood
CT saw lumber for sale to others. OF course
such construction would compel every
citizen of Montana TO start saw-niIl and
wood yard Of his own, or do without these
important essentials to conifoc: and Lapp;-
ness.
Mr.. Botk;n eagerly seized upon the cor
struction Of the law. Papers on Gle at the
department at Washington show that he
and his deputies caused information to be
filed against the tie-cutters on the Yellow
stone, and that general swoop was in
preparation to be made on every saw-mili
man, and on every wood-chopper in the
Territory. A great harvest of. fees for the
marshal and his deputies was ripe. As an
illustration of the furtive methods adopted |
by Marshal Botkin in this matter, we in
troduce letter from him to Commissioner
Mcfarland, as the same appears upon the |
files Of the department at Washington. |
The letter is as follows!
HELENA, MONTANA, Feb. 27, 1882.
Hon. n. c. Mcfarland, Commissioner of
the General Land Office:
hov {hn - L.
with copy of letter from Francis Crane,
complaining of trespass on public lands. |
However literally the law of 1878 may be |
construed, can hardly have been intended |
to afford protection to mill-owners, who |
strip government lands to manufacture
lumber for sale to the deprivation of set
tiers who need the timber for purposes that
are in fact domestic" At the same time
it does not appear that l have any duty to
perform in the premises save as process
may be issued and placed in my hands for
[Signed.] ALEX. Z. BoTKIN,
U. s. Marshal.
1t will be observed that Mr. Botkin
adopts the forced construction of the law
by which Secretary Schurz sought to evade
its provisions He holds that however
literally the law of 1873 may be construed
it can hardly have been intended to afford
protection to mill owners who strip gov
ernment lands to manufacture lumber for
sale" The remaining clause TO the depriv-
alton of settlers who need the timber for
purposes that are in fact domestic" cuts
no figure in the Interpretation. II the mill
owner has the right to cut timber upon the
public lands to manufacture lumber for
sale, then he can do SO, even though set
lers may need it, provided he has the older
right. If the mill owner, on the other
hand, has no right to cut such timber to
lumber for sale, then he can
DC prevented by settlers or anyone else who
chooses to inform against him. Evidently
he marshals purpose was to stop the man.
fracture Of lumber for sale in this Terri |
ory and he only uses ''thc deprivation of
he settlers" as convenient weapon for
he purpose. No man ever cut stick Of
wood or manufactured foot of lumber for
ale from timber upon the public domain |.