The semi-weekly miner., 1885-10-28
rHE TIMBER QUESTION.
ne,acate Toole Argues Against the
Law as Interpreted.

Commissioner Sparks OF the General
Land Office recently issued circular % ohe
REGISTERS. Receivers and special agents OF
+%at denartment, prescribing rules as to
tho emitting OF timber from the pubic do,
,,o;r The rules are nine in number, ana
feeling that "A portion OF them are lnlmlcai
! to the hest interests of the people OF Mon
ina Deleoate Toole has addressed COM
,mmn;cation to the Secretary OF the Interior
calling his attention to the inconsistency
the document as applied to this Territory.
| The first. second, sixth, eighth ana hintn
paragraphs OF the rules he does not except
| to. 4,,o
| The third and fourth paragraphs are the
| so,nn in substance, the third reading as
follows: 1.-The telling and reinovlngo oil such
timber must be done by each person, MN
| mo comDany or corporation individually
or bv their personal agents, and the timber
| so felled and removed must be 1or the IN
diyidua! use of the corporation cutting or
who authorizes the cutting OF the same
and for some OF the purposes named III the
act"
| This. Mr., Toole says, is manifestly wrong
and not contemplated by the act OF Coh-
yress. From the first settlement OF the
mineral lands woOdchoppers ana lumber,
men have cut wood, mining tImbers anu
lumber for building and sold the same TO
those who could not or did not wish TO cut
| it for their own use. viii it be contended
! that the act OF Congress contemplated that
every miner, mill owner and nhabltant OF
the mineral lands should go out and fell
timber to be used in mines, mills, smelters,
and to supply their family use. or that
each should employ a special agent to 90
so for him? This would be practically i'm
possible. To limit the cutting OF timber to
the individual or his personal agent would
be violative OF the rights and privileges
that have grown up and have had the force,
effect and dignity OF law in this department,
since the first settlement OF the mineral
lands.
The fifth section prohibits persons or
mining companies from telling timber en-
cept upon the lands in the vicinity where
they reside or upon which their mining
claimj are located.
This, the delegate argues, is surely the re-
suit of hasty and inconsiderate action, for
it betrays a lack OF knowledge OF the actual
condition OF mineral countries. 1t would
not do TO confne the cutting OF timber for
mining and other purposes to the district
where the person cutting the same resided,
for the reason that mining districts are
numerous and frequently small, and it often
happens that the mining or other district
where such person resides, never had stick
OF timber upon it, or if it did, that it has
been removed.
The seventh section says: 'The telling
and removing OF timber on mineral land to
be used as fuel for quartz mills or reduction
works, or for the purpose OF burning the
same into charcoal for the use OF smelling
companies, is not such mining purpose" as
is contemplated by the act Of June Sd,
1878, and is therefore prohibited"
This arpumpnt Savs Mr. TOo1a ia ainpiv Y
appalling. Its enforcement would effectually
stop the production of silver and copper in
the Territories, for without wood and cnar-
coal no mill, smelters or reduction works
can operate, and without them the mines
must be abandoned, for it would not pay
! to ship the low grade ore outside for treat
ment. 1t would also close down properties
in which millions of dollars OF capital are
invested and the discharge OF hundreds OF
thousands Of honest toilers.
Mr.. Toole suggests that the reports OF
special agents relativ to the Montana I'M
provement Company, may have led to the
formulation OF the order and urges that no
matter what the status of the company
may be there is no need to change existing
| rules, as they afford ample protection to
the Government and the settler, ii rigdly en-
forced. Referring to the claim that the
company has contract with the Union
racine Co cut timber from the Odd sections,
he says that if it be true, until Congress in
| tervenes the company have virtual mon
| opoly here in that line. The letter con-
cludes as follows:
This Territory has diversified interests
and resources, many OF them yet undevel-
oped. But when ! say there is single
camp i'll this Territory, the mineral out
put OF which, for 1885 will approximate
twenty millions dollars, and that the Ter
ritory will aggregate thirty millions, you
will understand that it is essentially min
inn country s.rd opp1rrlilUe the sOllcltude
that is felt concerning the circular above
referred to-"
II hope no new experiment will be tried
at the expense of the people in the mineral
regions. The timber in Montana is not OF
the kind or character to be profitably ex-
ported, and could never be used so advan-
tageously to the Government as in the
development OF the mineral resources Of the
country.'