, 1885-10-01
TIMBER REGULATIONS.
Restriction as to Railroads In the Mat
ter OF outing Womb.

land office has sent the following instruc-
tons to registers, receivers and special
agents of United States land offices:
In determining the right of railroad
companies having Il right of way through
public lands under the general nght-of-
way act as stat. 1872, or under special
acts making grants of public land TO and
in the construction of railroads TO take
from the public lands adjacent to the line
of said road, material of earth, stone and
timber necessary for the construction
thereof, you will be governed by the fol.
lowing instructions in lieu of all former
regulations, which are hereby revoked:
Such provisions refer exclusively to
roads in the process of construction. No
public timber or material is permitted to
be taken or used for the repair or i'm
provement of a road after its original
completion. The right to take such tim
Der or material ceases when the road is
open to the public for general use.
Timber or material may be taken from
the public lands only for the construction
of the road, including roadway, bridges.
c%ulverts, t~restles and the like, but cannot
be taken for the erection of stations,
freight houses, fences, sheds, or other
building or structures.
No public timber is permitted to be
used for fuel by any railroad company.
No railroad company is entitled to pro-
cure. or cut, or remove, or cause to be
procured, cut, or removed, either by
itself or through its agents or other per
sons, in any manner any timber or other
material from the public lands for sale or
disposal either to other companies or to
the public, or for expectation.
The right of railroad companies to take
timber and other material from the public
lands is restricted by law to lands ada
cent to the line Of the road. This will
be construed as meaning that the COM
pauies have permission to take timber and
other material along the line of the road
in progress of construction, and in the I'M
mediate vicinity thereof or in near prox
unity thereto. 1t will not be deemed a
license to go to distant points and obtain
timber to the deprivation of settlement,
mining, and other rights and interests in
such localities, and the impairment of the
general welfare of the country over ex-
tended areas. The privilege must be ex-
ercised where the law places its exercise.
viz. adjacent to the line of the road.
The right to take timber and other ma
terial from the public lands for the con
struction of railroads is granted to railroad
companies organized as provided by laws
emitting them to such privilege. and to no
other parties.
No person is authorized to cut or take
timber from the public lands for the pur-
pose of selling the same to railroad com
panies.
Only those persons who are the direct
or duly authorized agents OF a proper rail
road company are permitted to obtain
timber or other material for the use of
such company in the construction Of its
road.
Unauthorized persons eating or taking
timber from the public lands. although
for sale to a railroad company, will be
deemed trespassers, aud they, as well as
the company receiving or purchasing the
same, will be proceeded against accord
inPly.
No growing trees less than eight inches
in diameter will be permitted to be cut.
No tree can be cut that is not required for
use for construction purposes, and all of
each tree cut that can be used for con-
struction purposes must be utilized.
The tops and lops Of all trees must be
cut and piled, and the brush removed or
disposed Of in such q manner as to prevent
the spread Of forest fires.
Each company, before causing the cut
ing or removal of timber or other mate
rial from the public Lands, must file with
the secretary of the interior a copy of its
articles Of Incorporation, and due proof of
its organization under the same. also a
map of its definite line of location: and, if
it desires to authorize an agent or agents
to cut OF remove timber from the public
land, such agent or agents must be prop
erly appointed in writing; said appoint
ment must specifically describe the land
to be cut upon, and prescribe the prohibi-
tons and regulations contained in para
graphs 10 and n of this circular. Copies
of all such appointments must be filed III
this Office in order that such persons may
/ be regarded a. agents of the company.
Every company, its officers, agents, con
tractors, and employees. will be held re
sponsible for any unlawful taking of
timber or other material and for all waste
and damage.
I'm Ter the act OF June ., 1878, the right
to cut timber from public mineral land.
is reserved to the hoia fdc residents of
the state or territory in which the same
are situated, and railroad companies arc
prohibited from cutting or causing, to be
cut, any timber from such Land. Persons
violating tins act are liable to the penalties
provided by the third section thereof
They are also prohibited from cutting
timber from any land within the limits Of
any military park or Indian reservation.
or other lands especially reserved for
sale.
The right Of any railroad company to
cut timber for construction purposes,
under the act OF March 3, 1878. ceases at
the expiration of five years afterits definite
location, upon any portion Of said road
which is not then completed.