Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1884-06-13
TITLE UNDER TAE TIMBER CUL.
a. TUBE LAW.
What Is Repaired Of the Entryman, be.
fore He Can Obtain 1.-THE Planting
Of G2,GOO Trees Not Sufficient.

A decision just rendered by Com.
missioner Mcfarland. Of the General
Land Office, sets forth very clearly
the pre- requisites for obtaining title
to landsentered under the timber cul-
ture law. 1t is as follows:
Under the act Of June IA, 1873, it
is required of the entry,ran to prove
ut the expiration of eight years from
date OF entry, or at any time within
five years thereafter, that he has
planted and for not less than eight
years cultivated and protected the re-
quired number OF trees, and that he
has, at time of making proof, not less
than C.5 living and thrifty trees to
each OF ten acres, or a total Of $3.50
trees, before he is entitled to receive
patent for the land.
In the instructions issued by this
office February l, 1882, which were
approved by the Secretary of the In
terror, it is held that ''the preparation
of the land and the planting of the
trees are acts of cultivation, and the
time authorized to be so employed
and actually SO employed. is to be
computed as part of the eight wears
required by the statute" 1t follows,
therefore. that one-half or 1875 trees,
must actually have been growing for
five years. and the remaining half for
four years, to conform to the above
requirements.
In the case now under considera-
tlon, the first planting was done in
the spring CT 1877, or six years be-
.ore making proof; but 1t is also
shown that some of the trees failed to
grow, and that the party has from
year to year repianted, in order to
keep the number of growing trees up
&c the requirements of law; and while
the party's good faith in the premises
Is not questioned, in the absence of
positive proof to the contrary, the size
OF the trees at present on the land is
considered as evidence that they have
not been growing for sufficient
length of time; and it is not neces-
sary for this office to prove that these
trees have not been growing for FIVE
Years, but it is for the entryman to
show satisfactorily that the require
ments Of the law have been fully com
piled with
The object of the law, as expressed
hy its title, is the growth of timber;
and it is clearly the duty of this Office
to See that the law is complied with,
and that the trees arr of such size be-
fore approving of the entry for patent,
as t" render their further growth,
without further cultivation or protec.
ton, reasonably certain, which Ger.
talnly Is not the case when the trees
are of the dimensions stated in the
proof now before me-.
1t is claimed that the Box Elder,
Ash and Catal pa are trees OF slow
growth, and that this accounts for the
average size of the timber being so
ow in this case; but from the Report
'n Forestry issued by the Agricultural
Department for the year 1877, find
that in Iowa the CataIpa has attained
sufficient >i1e in five years to be used
for sMall posts for wire fences; that
the Box Elder, of which Lake has
over 5000, is of rapid growth, attained
diametercf SIX inches in seven years;
also that the Ash, although of slower
growth than either of the other varie
ties, would, under ordinary circum-
stsnc attain size fully equal to
that stated to be the avcrag e in this
case.
While under the act of June IA,
1879, final proof may be made at ex-
piralion of eight wears from date of
entry. provided the required amount
of timber OF suitable size an! age is
then growing on the land, vet the
entryman is allowed five years add
tional, in ease the desired result is