The Lake Charles echo. [volume] (Lake Charles, Parish of Calcasieu, La.) 1876-1898, 1883-07-28

!
and besides, the people generally are
SO little Informed in regard to the
laws and decisions governing aud con-
shutting dcprCaations upon govern
ment timber, that our readers will
be interested in reading the fol-
lowing decision. We copy it from
Copp's Land Owner, aud the decision
was made by Secretary Teller, in all
official letter to Commissioner Nc
Farland, June Is, 1888. The style of
the decision aud the document. itselr
is as follows:
KELLEY, WEEKS d co. Ct al
Timber,--Lunbcr,--A the two parties inter
eBtcd seek to throw the responsibility upon
each other, the value of the lumber, not
logs, is demanded from them Jointly
Yours of the 18th inst. is received,
Transmitting letter to Special Agent
WEIGH, from Kelley, Weeks & Co.,
lumber dealers, of Racine, Wisconsin,
dated April 9th last; letter to Special
Agent Welch FROM L. +. Parker, Of
Racine, Wisconsin, dated April It'll
last; and letter from Hon. PmIetus
Sawyer, dated the 9th INST, enclosing
one to him from L. +. Parker, dated
the 4th inst; all in relation to certain
timber purchased by Kelley, Weeks
d Co., through Parker, from one
Amos F. Amcs, which had been de
rived by said Ames, from logs unlaw-
fully cut by him from certain describ
ed public lands in Michigan. This
department has demanded from Parker
and Kelley, Weeks 4, Co., jointly, the
full value Of said lumber when pur-
chased Kelley, Weeks d Co., deny
responsibility in the matter, throwing
! it upon Parker of whom they pur-
| chased. Parker offers to pay the
stumpagc value Of the logs from which
/ the lumber was derived, two dollars
! $4,000 per Thousand feet, board meas
urc; but writes to Agent Wcich that
he "Dever for Il moment supposed he
could be held to pay for that which
he never had any title to or interest
in;' and 10 Mr. Sawyer be writes that
"it appears entirely unjust that be
"shouId be made to pay tLat demand "
(tnr value of the Iumbcr). And Mr.
Sawyer writes that he think, the
government ought to accept tb" prop
Ositlon."
It certainly Is 10 new thing in the
operation Of law for the owner Of prop
erty unlawfully taken to demand res
titution thereof or compensation there.
for Of the -though he be al in
nocent party--into whose hands the
property Is traced. The measurement
Of such compensation in cases like the
present is fixed by this department in
accordance with the decisions Of the
Supreme Court This case is in all
essentials parallel 10 that Of Wooden
Ware company vs.. the United States,
zoe L. s., 432, in which timber be
longing 10 the United Suites was
"sold to the defendant which was no.
chargeabe with any intentional wrong
or misconduct or bad faith IN the
,,,r.boo..H VIVA, ,La S,nr,,,,,. C,.,,,,.
saiJ ~ ,Lo, ,osn l. !, ,F.r' r....,1,.'
onrI,c,rIn't.,I,.
''Thc timber at ali Stages Of the
conversion was the property Of the
IA rat 3.,a., 49,, III. ~. 49, ,;,rI,,
If r,ssossior T,ho ra.a,,,r,. ,,f nv.
sn,n ,.I,at.,,or :. 1as,i nn,,n. ,h., ,ra,.
as;,ia.' T,Is r;,,,t -. r.a r,,,,,,.;,.
nTansIi,,o ,J, ' n,Sa Ia Nv ~ doranIan,
E'vN','',- t"1 Pu' r'''''' ..1 t.
rn 90, m, a claim fnr Mnr,. ,nI I.hnr
Lns,av',IJ nH"n !, h.. Tn .,y,anrJ,,.r
r., rnr.baJo fr,,,,,I,n rrr.,,',r.IIa, ~.
f.ni,1t d;J moi arnn;rc inv Lottor
liz 49,, u,a ,,nan.rt,. Than ~, .,nl.,-
LoJn
Th.rer,ro tI,o Snnro,ra C,nr4 40.
cidag that tho ,icbt n r.c,,y.r or,i~s,
Ito dsfsndant : .,iust wL,. :, ,yas
,1,.;ne, bis ,ond,,r ~" ,naIna,,t Lar,"a
L7 ;ntar,.rnI anI aonnirod ,,ns.
sass;a,, ~
II !. wor,I.,. or r.,o ,l,,, j., ,,oLino
,bis J.oisian ,LoT" ( Cnnra,n,, C,,,Is,
o4f;rms tLo dnnis;a, IS ,ha 7; ( ~
an al, ~, C,nr, e. ill., Eas,aru ni.,r;,. Is
yT;soansio ,.;,b;n 10 iin,;,s 81 ,rL;oI,
District ,,o nrayoot ca.c arisns In
conclusion tho I. s Snrrn,nn Conrt
saws,
.To osto},r,sb sn,.. ,,Lar r,i,c;aI, i,
s,cb caso os ,b;s unnId r. ssr,, Al.