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

And . Moro important Rulin9.
The Right to Out Timber ON tn
Public Lands Maintained.

1dorts OF Hon. Martin 1Gaginnis In
Behalf OF the People.
DEPARTMENT OF THE INTERIOR
GENERAL LAND OFFICE.
Warrington, June Is, 1854.
Hon. Martin Aaginnis, Z. s. Housc Of
Representatives:
SIR-Having received, by reference
from the Department, the letter address
ed to you by Mr.. George e. White,
dated Clancy, Montana Territory,
March q, 1852, and by you referred to
the Honorable Secretary Of the Interior
Of the Department In relation to cutting
timber for domestic uses.
would respectfully state that by the
act of June 8, 1878, and the rules anal
regulations OF the Department pre-
scribed hereunder, to which your cor
respondent refers, timber growing on
the mineral lands Of the United States
In Montana may he 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 lum-
Der - they may desire for their own
more convenient use. But they are pro.
htbfted from contracting with others to
deliver to them l0gD or lumber derived
from the public timber; and loggers,
saw mill owners, or operators, and lum-
Der dealers are prohibited from purchase
ing and from selling to individuals, and
from supplying the lumber market with
timber or lumber derived from the pub
lie domain.
Your correspondent h not prohibited
from binding = sawmill TO cut lumber
tor his own use or for his neighbOrs, (as
he statee), provided he keeps within the
terms Of the law, and does not cut the
timber for purposes Of speculation and
gain, charging his neighbour only for
the labor involved, AID not for the ma
terial.
It 10 In contemplation to change some
what the present rules and regulations
referred to, but until such change shall
have been made and promulgated, they
will continue in force.
Although the Government desires to
act - literally - possible with settlers
and others, 1t wishes to protect the pub
lie timber from any waste and desfruc-
tton to which It 10 liable through spirit
Of cupidity and recklessness, and which
necesoitates placing some restrictions
upon the method Of procuring the pub
llc timber.
In conclusion, respectfully beg leave
to state that, 90 far 10 this Office is
aware, Mr.. White 10 in error respecting
the use Of the public timber by one class
Of men with impunity, while Others are
subject to flne and imprisonment there
for. Hitherto the Government has had
no special timber agent in Montana, and
has had little opportunity for being in
formed Of public timber trespass there,
but It y intended to assign = timber
agent to duty in that Territory at NO
with returned.
Very Respectfully.
Your obd't serv't,
n. G. MCFARLAND,
Commissioner.
APPEAL OF Mr.. MAGINN1s TO sECRE-
TARY TELLER.
HOUSE OF REPRESENTATIVES,
WASHINGTON, Nay q, 1852.
TO the Honorable, the Secretary Of tie
Interior:
sIR-I have the honor to inclose q let
ter from the Commissioner Of the Gem
eral Land Once In relation to the con-
ditions under which timber may be cut
for domestic purposes in the Territories
Of the United States.
respectfully protest against the con-
Dtructi0n given to the acts Of Congress
extending the privilege Of people Of the
States and Territories, in this
letter, and especially to protest against
former Instructions from the General
Land Once, which have always seemed
10 me to have teen diligently framed in
order to thwart instead Of to carry out
The generous intentions Of Congres.
Certainly Congress never intended t.
Dverturn the ordinary processes Of civil |
Ised society in those Territories and to |
make every man his own woodchopper |
or lumberman. Nor did Congress In |
lend to con1lne the cutting Of necessary |
timber IN mineral lands;" for I 70
member we'll the debates on this sub !
ect, and the intent Of those words was
'ories in which mining was \ pred0mi-
nant industry.
would respectfully ask for revision
II the instructions Of the Department. 1
nave the honor to be,
Very truly your obedient servant,
MARTIN MACHINES.
ANSWER OF THE SECRETARY.
DEPARTMENT or THE INTERIOR,
WARRINGTON, May -, 1882.
Hon. Martin Maginnis, House Of Rep
resentatires:
SRI have received your letter of
he I'D inst, indorslnga letter addressed
o yeu, on the I'D inst, (returned here
WITH by the Commissioner Of the Gen.
raj Land Office, in regard to cutting
imber from public lands in the Terri
cries for domestic uses, and asking for
revision Of the instructions of the De-
on the subject. I have the
l0nor to incl0se herewith copy Of my
etter to the Commissioner of the 18th
nst., modifying the previous rulings in
bis matter. II
Very Respectfully,
HI. NJ. TELLER,
Secretary.
HE RIGHT OF THE PEOPLE MAIN