The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1882-06-14

compromise with these persons by a.
lowing them to pay for the wood cut ut
the rate Of fifty ceuts per cord.
/ do not think ON the statement OF
facts made by Special Agent Harlan in
the case Of Peter r. Bye that he has
been guilty Of trespass in cutting such
wood. understand the facts are sub
stanttally the tame in all the cases men,
toned.
The act Of Congress approved June 8,
1873, entitled IAN act authorizing the
citizens Of Colombo, Nevada and the
Territories to fell and remove timber
from the public domain for mining and
domestic purposes" clearly authorizes
the cutting Of timber on the mineral
lands OF the United States for domestic
use. 1t does not appear that Peter Bye
or any other Of the parties complained
OF cut the wood for transportation from
the Territory, and IL cut for use in Da-
kOta It 10 clearly for domestic use. 1t
has t'een alleged that the act Of June 8,
1873, does not apply to persons
cutting timber on mineral lands for
sale, and that to enable any person to
have the benefit Of that act he must
cut the timber for his personal use and
not for sale. Such q construction de-
feats the very intent of tho act, which
was to allow the settlers on the mineral
lends to have the benefit Of the timber
thereon growing for use within the Ter
ritOry where It grew. It cannot he
supposed that Congress Intended to say
by that act to the inhabitants Of the
mineral regions that while they might
90 On the lands of the United States and
cut timber for their own use vet they
could not employ Others to do It for
them or purchase 1t Of those who had
cut and prepared It for use.
Large and prosperous communities
had settled on the mineral lands Of the
United States by and with the consent
Of Congress, statutes had been paseed
declaring such occupation lawful. and
provisions were made for securing title
to mines that should be discovered and
proved on such lands. Yet no provis-
Ion has been made by which title could
be made to the timber growing on such
land until mine had been discovered
theron. To have restricted the inhabi-
tants to the use ofsuch timber % should
be found on the mineral claims would
have been folly, for in many instances
the mineral claims are destitute Of tim
Der. Whole minin3 districts are fire..
quently compelled to secure their SUD-
ply outside OF their districts, either be-
cause the timber in such districts has
been cut off and used, or because the
district was without timber when first
settled. The area OF timber occupied by
actually located mineral claims IL en-
tirely to small to supply the commune
ties with timber from such claims alone,
and so It became . necessity to appr0-
pirate the timber on public lands, in the
absence Of law authorizing the purchase
1T either the timber or the land. From
the drst settlement Of the mineral No
gions to 1873 sach had been the custom
Of miners In al the mineral regions.
Cities and towns with churches and
had been built with the
timber 90 taken from the public land.
had been made to Congress
from time to time to provide by law for
securing the title to the timber on the
lands. Congress, with the wise
policy # keeping the mineral lands Of
The United States open to further explo-
ration and occupation, had declined to
pass any law by which the timber on
Iuch lands could b monopolized by
'peculaton and capitalists, wood
shoppers and lunbermen had from
The hrst settlement Of the mineral
regions cut from the mineral lands
wood mining timbers, lumber for
building, and sold the same to those
Who could not or did not wish to cut
timber for their own use. 1t was prac-
'ically impossible for the mill-men, the
miners and other inhabitants Of the
country to 60 out and fell the trees that
Ne to Be used to build their mills, tim
Yer their mines or supply their families
With fuel. About the time Of the pas
age Of the act 81 1879 It IVES alleged that
|,loh cutting Wa in violation Of the law
md ought not to be allowed. To have
such cutting would have COM
)elled the abandonment Of nearly II not
luite all the mineral regions Of the
states and Territories named In the act.
rhe act was passed to establish by posi-
i've enactment . right claimed and ex-
'reiDed without interference on the part
Il the Government for q period Of about
hirty years, and the construction here
ofore given to It by the Department has
leteated the purpose Of the act and he's
lot been Of advantage either to the gov
or the people residing
n such mineral lands. In most
the regions included In the
ct referred to the timber is of but
title value for use outside Of the neigh |
'orhood In which It grows. Compare
lively . small amount Of It would bear |
out Of the State or Terri !
Dry, and It cannot be used more advan- !
to the people and the govern
nent than in the production Of precious |
Metals. If the timber is cut, having |
to the rules Of the Department |
9 to sire, etc., no complaint ought to be
made. 1t has been suggested that the
sc Of wood in quartz mills and reduc-
0m works In the mineral regions is not
use for mining purposes. l do not
hink there is anything in that sugges-
on. Quartz mills and reduction works
re indispensable to mining camp and
ach use is clearly within the provisions
the law and the consumer rs fully
rejected by 1t rs If he consumed it in
Is dwelling. You will therefore in
,ruct the special agents now in the
tates and Territories named in the act
June 3, 1873, to conform to the sug-
estiOns herein. The great object Of the
Governmental supervision of the cutting
timber in those States and Territories
nght not to be to compel payment for
mber 80 cut, but to prevent unnecessa-
J waste, the cutting Of the small trees
~ |