Arizona weekly citizen., 1882-06-04
TIMBER ON MINERAL LAND.
An Impor,an, Decision ny see.e.at, TeIIe

-nl DcGu Der oi cases reported by Special Agent Hardin of the so-called trespassers Ill cutting timber on mInera! land m the Territory of Dakota. Notably ln the cases of Frank F. hardin,whO Is charged with cutting T2 cords of wood; Peter |. Bye charged with cutting p cords; H. Bressert, charged with cutting 6J cords; J. H. Damon cnarged with cuttlng like amount; Frank Keller, charged with cut tIng 47 cords; and Albert Holman for cutting lOO cords. All this wood appears to have been cut off ot mineral lands Of the United States. It also appears by the report of the special agent that the persons charged with the trespass have, Tn cutting thls wood conformed to the rules of the department as tO size of timber to be cut, etc. It Is now prOpOs- ed Co compromise with these persons by allowing them to pay for the wood cut at the rate of fifty cents per cord do not think, on the statement of facts made by the special agent m the cases of liar dIn and Peter T. Bye, that they have been guilty ofa trespass in cutting such. understand that the facts are substan- hslly the same in all the cases men, toned
 THE ACTS OF CONGRESS.
 The Act of Congress, approved June 5, 1878, entitled An Act authorizing the citizens of Colorado, Nevada and Oregon to fell and remove timber from the pub lie domain for mining and domestic pur- poses, clearly authorizes the cutting of timber on the mineral lands of the United States for domestic uses. It does not appear that Peter Bye, or any other of the parties complained of, cut wood for transportation from the Ter ritury, and If cut to be used in Dakota, II IS clearly for domestic use. It has been alleged that tue Act of June 8, 1878. dOps 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 timber for his personal 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. It cannot be supposed that Congress intended to say by that Acs to the inhabitants of the mineral regions, that while they might go on the
  Der for their use, yet they could not em- ploy others to cut timber for them, or purchase it of those who had cut and prepared 1t for use. Large and prosper ous communities had settled on the min eral lands of the United States, by and with the consent of Congress.
 THE OCCUPATION LAWFUL.
 A statute had been passed declaring such occupation lawful, and provisions were made for securing tllle to the mines that should be discovered and i'm proved on such lands, Jet no provisions mad been made by which a tItle could be made to the timber growing on such lands, until miDe had been discovered thereon. To have restricted the inhab- .tants to the use of such timber as should be found on mineral claims alone would have been folly, for in many instances the min ral claims are destitute of tim Der. Whole mining districts are ire quently compelled to procure their SUD- ply outside of their districts, either be- cause the timber in such districts had been carted of and used, or because the district was without timber when first settled.
 
 The area of the Territory occupied by actually located mineral claims Is en- urely too small to supply the cummuui- ties with timber from such claims alone, and so 1t became necessity to appro priate timber on Government lands. In the absence of a law authorizing the purchase of either the timber or the land on which 1t grew, from the first settle ment of mineral regions to 1876, sue had been the custom of tue miners in all mineral regions. Cities and towns | with churches and school houses had l been built with timber so taken from the | public l nd. Appeals had been made to | from time to tune, tO provide | by law for the securing of the title to | timber on mineral lands. Congress, with | the wise policy of keeping the mineral | lands of the United Ststes open to | fu ther exploration and occupation, had l declin to pass any law by which timber 1 on such lands could bv InOuOpOliZed by | spectators and capitalists. WoOdchop- ! pers aJd lumbeTmen had, from the first | settlement of the mineral regions. cut | from the mineral lands wood, mining | timbers and lumber for buildings, and | sold the same tO those who could not or | lid not wish to cut such timber for their | own use. It was practically impossible for mill men, miners and other inhabi- tants of the country, to go out and fell trees that were to be used to build their mills, timber tn 1T mines or supply their families with fuel About the time of he passage of the Act of 1878 it was al- eged that such cutting was m violation It the law, and ought not to be allowed.
 PREVENTION WORSE THAN A CURE.
 To have prevented such cutting would ave compelled the abandonment of nearly, if not quite all the mineral re- ,ions of the States and Territories named n the Act. be Act was passed 70 es- dbllsh by positive enactment right 'laimed and exercised without inteIfer- nee on the pIrt uf the Government for period of about thirty years. The con !ructiOn heretofore gwen to 1t this de- 'artment Las defeaied the purposes ofthe let, ani has not been of any advantage, lther to the Government or the people | esiding on such mineral Ian Is. Tn most of the regions iuclu led in the Ac: eferred tO the timber Is of but ilitle alue for use outside of the neIghbor- loOd m which 1t grows. A m 'aratlvely small amount would bear l out of the State ur Terri ory, and 1t cannot be used more aI- , to the people and the i Government than in tue product of reciOus metals. IT tue timber IS cut aving reference to the rule established q y tue department as to size, etc, no { ought to be made. It has cen suggested that the use If wood m he quartz mills and reduction works in [ he mineral regions is not a use for a inning purposes.
 INDISPENSABLE MILLS AND WORKS. do not think ere Is anything in bar suggestion. Quartz mills and re- " uction mills are indisp nsable to inning community, and such use IS a learly within the provisions of the d w. and the consumer as fully protected |, y 1t as If be had consumed 1t in his own wellibg. You will, therefore, instruct he specIal agents now m the States and I erritories named in the Act of June 2, :, SIS, to conform to the suggestions here :, ]. The great object of Governmental lpervIsiOn of cutting timber m those n tates and Territories ought not to De to C )mpel the payment for timber so cut, 4 1t to prevent an unnecessary waste by ltting the small trees under the size by the department, and tO Il revent waste by fires and other s cans. ..
 Very respectfully,
 Fl. M. TELLER, Secretary. u
 Board of Supervisors. m