The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-10-30
THE TIMBER QUESTION.

LIE LINDEN VULO ilUN.
COMMISSIONERS SPARKS RULES Def
"a RIMENTAL TO THE MINING
INTERESTS.
Delegate Toole Presents His Protest.
The following appears in the Independent
Of October q:
WASHINGTON, d. c., Oct. 20, 1885.
Hon. L. @. G. Lamar, Secretary Of The Interior,
Washington, ID. c.:
SIR: My attention has been called to the
following circular, emanating from your
office:
CIRCULAR.
DEPARTMENT OF THE INTERIOR, :,
GENERAL LAND OFFICE,
WASHINGTON, d. g., Sept. IL, 1885. !
To Registers and Receivers, U. 8. Land Offices,
and SPECIAL Agents Of the General Land Office !:
GENTLEMEN: The following rules and
regulations are hereby prescribed by the
Secretary Of the Interior, under an act of
Congress, approved June 3, 1878: "An Act
authorizing the citizens Of Colorado, Nevada
and the Territories to fell and remove tim
Der Oh the public domain for mining and
domestic purposes, GO Stat. 49, aud ali ru les
and regulations heretofore prescribed under
said act are hereby revoked.
LIST. Said act applies only TO the States of
Colorado and Nevada, and the Territories Of
New Mexico, Arizona and Utah, Wyoming,
Dakota, Idaho and Montana, and other min.
sral districts of the United States not other
wise specially provided for, and does not
apply 10 the States Of California aud Oregon
and the Territory of Washington, special
provision being made for the same In another
act Of Congress, approved June 8, 1873. go
Stat. s9).
I'd. The lands from which such timber Is
felled or removed must be strictly mineral
In character and more valuable for tie min
eral therein than for any other purpose or
use.
3d. The Telling and removing of such tim
Der must be done by each person, mining
company or corpora ion individually, or by
their personal agents, and the timber so
felled and removed must be foi the individ-
ual use Of the corporation cutting, or who
authorizes the cutting Of the same, and for
some of the purposes named In the act.
4th. The act of June 8, 1878, does not con.
fer authority upon any person or corporation
to fell or remove, or 10 cause others to fell or
remove timber or trees growing, or being on
mineral lands of the United States, Tor the
purpose Of selling the same to others, or of
manufacturing the same into lumber for sale
even for the uses named in the act, and all
such cutting, removing and manufacture,
and oil commerce In such timber or lumber
10 hereby positively prohibited. Any bona
.fde resident may, however, fell and remove
such timber or other material, provided such
timber or other material Is for his own use,
for any Of the purposes named In the act,
and not for sale.
9Th. Persons or Mining Companies telling
and removing timber from public mineral
lands, under authority of the act of June 8,
1878, must confne such Telling and removing
to lands In the vicinity of where they reside,
or upon which their mining claims are locs-
ted; and they will not be permitted to fell
or remove such timber from lands situated
another State or Territory, or 10 another
district TO the detriment of settlers and
miners located thereon.
9th. No person will be permitted to fell
or remove any growing trees Of any kind
whatever, less than inches In diameter.
7th. 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 3, 1878, and 10 therefore prohibited.
sth. Persons telling and removing timber
from public mineral lands Of the United
States, must utilize all of each tree cut that
can be profitably used, and must cut up and
remove the tops and brush or dispose Of the
same In such Q manner ~ to prevent the
spread Of forest fires. Respectfully,
Wn. A. J. SPARES, Commissioner.
These rules and regulations are 20 at vari-
ance with the spirit and intention of the act
Of Congress above referred to, and their en-
forcement would result 30 disastrously both
to the Government and the people in the
mining regions, that beg Of you 10 give
them that careful and considerate attention
which the subject demands, before any
changes Of present rules are finally adopted
and promulgated. While they relate to other
%&ssRRt;s TO Monian. Territory, IS am more
familiar with it, and in many instances speak
from actual knowledge.
This Territory has diversified interests
and resources, many Of them yet undevel.
oPed. But when say that there Is q single
camp in that Territory, the mineral output
IF which, for 1885, will approximate twenty
nillioas of dollars, and that the Territory
will aggregate thirty millions, you will I'M
ierstand that 1t 10 essentially mining coun-
ry and appreciate the solicItuda that is felt |
concerning the circular above referred to.
The first and second paragraphs or sub.
divisions Of this circular were unobjectiona.
lie, and are now In force. But the third is
wrong and not contemplated by
he act Of Congress. From the first settle.
nent Of the mineral lands wood choppers
md lum Der men have cut wood, mining
imbers and lumber for building, and sold
he same 10 those who could not or did not
Vish to cut for their own use. VIII 1t be
that the act of Congress contem.
lated tina: every miner, mill owner and In
abitant of the mineral lands should 60 out
nd fell timber to be used In mines, mills,
meters, and to supply their family use, or
hat each should employ . special agent to
o 90 for him? This would be practically
impossible.
The fourth paragraph or subdivision Is but
n elaboration and Interpretation Of the
aird, and subject to the same objection.
There Is no provision of law by which
tie to timber lands can be acquired, al
rough Congress has been repeatedly asked
" such legislation. Such . regulation
ould be fraught with great mischief, and
10 most serious consequences, and practi.
,lly defeats ihe very purpose Of the act of
ongress, which, In the absence Of law
lowing the purchase Of timber, was de-
gned TO give the settler all the necessary /.
cilities for the discovery, exploration and .
'velopment ofthe mineral lands. To limit !,
'e cutting Of timber TO the individual or |
q personal agent would be violative Of the
ghts and privileges that have grown up and
I'd the force, effect and dignity Of law in
lie department, since the first settlement Of !.
70 mineral lands.
The fifth subdivision Ii surely the result
nasty and inconsiderate action, for IL be-
ays lack Of knowledge Of the actual con-
ton Of mineral countries. Il would not =
} TO conflne the cutting Of timber for min
6 and other purposes TO the district where !.
Q person emitting the same resided, for the y
ason that mining districts are numerous :
d frequently small, and II oftan hsppens y