The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-11-04
THE TIMBER TRorp,n
Ho" the st. Paul Ploneer.pr.,.r,
Commissioner Sparks o,a,. '''
From the st. Paul Pionaer.pro,.

From the st. Paul pioneer.pra.n
The impetuous Mr.. sparls
OF the General Land Office, wan wo olnnnissioa,
a little premature in his ar ras evident,
the Montana Improvement lcalsAment 4
the alleged agent OF the ortth'npany Al
Railway Company, which was snefh Pacs, |
to be IA stakeholder in the foro aIso aIleaNd
Ing timber from Government I, Tor STEAL |
various pronunciamentos and I"'n's. H. |
proceedings against those conn., %slreatens
Dased upon an cX-parte report r 20 wers
agent Oh the department. n.,a U a speciI
which, though OF an EXCEEDING Healer, /
and d~cialnatory charactnr "sly reckbfsss,
INTO the Associated Press as s o"S rashH
ceiyed' and t%rumpeted all over t%a as r.
without the slightest attempt 70 'As Count,
rash statements OF the agent .efliy ts
simple basis OF this mans opoh The
Commissioner Sparks was goinn a~'sertl0as
criminal proceedings ieadlonn. ~ lAtiats
these companies. on thirty ;n11; asMQs
to recover over six bnndnanh 'iAeRs
sand dollars for timber aT thop
have been taken by them. ;anLiesed 70
authority, from Government lanI' LEGAL
tary am wisely conrladed w eeers.
the other side Il hearing before W. w slEe The
these hasty proceedings against ~tIhs ~ I
companies wbcreupon the tum"i Gtusa
Sparks, IN d letter t" the Secreta'u1I'aoHs
ferously protests against any deIsn, Vol.
prosecution oil the cnA4raH Hts fnmr! N tAa
reasons, among which stands cony, several
this statements: The lands wnVaousy
lands" This admission sweens "ilaefal
whole foundation OF his charge asa ;;at( Ill.,
Montana Improvement Colunanvs i the
For the right to take timber from n sot,
ment ands for building, agricuItnroo; 9'eta
ing or other domestic purposes i ln
provided fer under the Act Of npsEsDY
proved June 3, 1873. 1t is fnlysess4
by the first section there OF which issV,Ta
lows: ""N'
That all citizens Of the United s+o..
other persons, bona fde resjdentS s,aa0
States OF Colorado Or Nevada, or e;tSs, as
the Territories OF New Mexico, Ar,.
Utah, Wyoming, Dakota, Idaho an S w
tana, and all other districts Of tbs r H0'
States, shall be. and are hereby a1tbarvyaa
and permitted to fell and remove or Ing
ing, agricultural, mining Or other da,| v44l'
purpose, any timber or other treas gras
or being on the public lands: said lannJt4
Ing mineral and not subject to emf rv ~
existing laws OF the United States o~. uI
for mineral entry, in either Of said StMp.
Territories TOR districts Of which .pob w.
Gems or persons may be at the time t a'
fde residents, subject 10 such ruI4s grSDl
ulations as the Secretary of the Jrta,:s,
may prescribe for the protection n ~
timber and the underground unon .| '
lands, and for other purposes: proyiI4i
that this act shall not extend IN rals''11
corporations.
The only question then, n far a. q.
Montana Improvement Company il on,
cerned, is whether the land from which tI' l.,
took the timber are mineral lands. Cor.
missioner Sparks admits that thpv q,
| mineral lands, and thus gives uD the vbd.
case against the company, as such, Fars
is not pretended that they took the ,jnr,
for any purpose not included in the ta,m.
OF the authorizing act, which, which in Et
include nearly every conceivable domp,tr
purpose Tor when timber can be Used IA
wit: "bu'ldlng, agricultural, mining mi
other domestic purpOs@5.' Nor is tla.
anything i'll the rules and regulations NM.
scribed by the Department which restrl,
the general permission given in the Al.
The only restrictions are that the tjnf.
cannot be cut Tor export; that no timb.
less than eight inches III diameter shall b.
cut; that itshall not be wantonlv wast41m
destroyed. These regulations define what
are to be considered mineral lands, ands
quire evidence that they are mineral land,
to be filed with the report OF the ~inspec-e
agents before permission will he givert
cut timber. That evidence in this Gael
satisfactory to Commissioner SDars
There is no question that they are milaa
lands, and no question that the timbta
cut for purposes authorized by law.
What, then, is the ground ri his arNia
ment OF the Montana improvements
pany for stealing timber from GOvernnat
lands? Is it that that company is theaHt
OF the Northern Pacific Railroad ComuF;
operating under an ALLEGED contract VII.
the latter, which, it is also asserted, OWE
a majority OF the stock in the Montana In.
provement Company. In YESTERDAY hMt
OF the Pioneer Press, telegraphel IRON
Washington, was It detailed abstract b
this alleged contract with the Northern p
cific Company, said tn have been obtaMa
from a discharged employed the company
and now in the hands OF Attomey-Gen4H
Garland. 1t is upon this contract that
Mr.. Sparks bases his case against The two
companies. The Pioneer Press is INFORMED
upon competent Authority that this con.
tract, though it had been drafted and
signed by some OF the officers Of both
| ~. rim .l,.t.y +l. In +r.p wont nj
! Mr.. Wizards administration, never az
tually went into effect. Some ogH
tlons were raised to 1t while -Nr. Wharf
vas still president, so that it remaln7l
in obeyance until Mr.. Harris became Prs
; ident, when he declined to ratiiy the con-
tract, and procured its revocation BY lF
board OF directors on the ground that tF
railroad company could not properly y
into the timber business, even on It's OWL
lands. to which alone the proposed ecu
tract applied, or be mixed up with a con
Germ which was also taking timber from
mineral lands, which the raiir0adcoMpM.
could not legally do. BY the terms OF INA,
contract it was stipulated tLat "
Northern Pacific was TO receive IN return
for the privileges to be granted ana 'I
vices to be rendered Il majority Of the s'V'A
OF the Montana Improvement ConPau."
We have reliable information that H9'o
dollar of this stock was ever transfers."
the Northern Pacific Company. II lFtu
was a stakeholder III the AohlaH" ln
~prOvelnent Ct mpamV, and haa' Vt %.
told, no other relation Nlthlt ina" 'n~.
OF IA ~.arri-r. THis Information s VI"
Gnf1p fJlln ~ tstrr1 tn lnltlltIl y 80