The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1884-05-02
6quatter's Rights.

The following excerpt from decision re-
Gently given by the Secretary of the inter-
ior in the case of an alleged trespass against
one, John Baird in cutting and removing
timber from unsurveyed lands in Washing
ton Territory will prove of interest to those
taking up government lands.
1t appears from the evidence that Baird
who has large family had squatted on the
claim and commenced making improvements
but at the same time began clearing off and
selling the timber. The commissioner says:
"While Baird is squatter, he is rightful-
ly on the land if he intends to makehis home
on 1t. and take it under the settlement laws
when the land is surveyed, aud he is allow
ed to do So If he has taken the land in
good faith, he is the owner for all practical
purposes, although the title may remain in
the government. If it appears that he has
cut more timber than he was compelled to
cut, to clear up the land, he is not liable
either criminally or civilly for SO doing, if
all the time he has the honest purpose of
ultimately completing his title under the
laws of the United States. A jury satisfied
of that fact would not, if properly instructed
by the court, find him guilty of trespass.
Whether he is or is not trespassers does
not depend on how many trees he cuts, but
on the bona fide character of thesettlement.
Baird was justified in doing whatever was
necessary to put in crop, and he might
cut and sell timber to aid him:in so doing,
or he might sell timber to support his fam
lily while clearing his land and raising his
crop, if during all that time he had bona
fide settlement on the land; that is, if he in
tended to remain on the land and make it
his own, and was not making his settlement
an excuse to cut off the timber, with the ul
innate purpose of abandoning his claim. If
he should sell all the timber, and do little or
no clearing, it might reasonably he supposed
that his occupation was not for the land,
but to secure the timber, and it then might
be, and doubtless would be, the duty of the
agent to report the case to the department.
But if the agent is satisfied that the cutting
of the timber is not the primary object of
going on to the land, he should not report
the case, If a settler desires to make a
home on the public land, he has the right to
select timber lot if he choose; and if he
does select timber lot, he will not select a
poor one if he is wise. The timber may be
the real inducement for him to make the Sc
lection of the land; but if he goes On the
land with the intention of settlement under
the laws, and carries out such intention by
conforming to the provisions of the statutes,
and complete his title he is not q trespasser'
He must have the time allowed to complete
his tit, e unless from his methods the spec
ial agent is satisfied he is not there bona fide,
and then, as before stated, he must make
his report to the department, and perhaps
ultimately in the courts; and, when that is
found for him, there is the end of the ques-
.tion. In this case there appears to have
been no reason to doubt the good faith of
Baird and he ought not to have been annoy
ed by the agent after the agent became sat
isfied of his good faith.'-N. W. Farmer
and Dai'yman.