St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-11-20
SPARKS IN HOT WATER.
He Talks About His Recent Ruling Con-
cerning Telling Timber on Govern
ment Lands.
Much Opposition to the Commissioner E1-
peoted to Arise When Congress
Assemblies.
Democratic Congressmen Ret1 cent as
to Their Views on Organization
of the House..
Another Minnesota Land-Omce Ap-
tment--CIeveland and the
OMce-Seekers.
Mr. Sparks Explains.

Omce-Seekers.
Mr. Sparks Explains.
Special to the Globe.
WASHINGTON, Nov. 19.-Nothing is
more apparent than that the lot OF Land
Commissioner Sparks after the assembling
of congress will not be happy one. The
West, and especially the Northwest. will
array solid front against the Important
rulings he has made since he assumed office.
Though it is carefully concealed, the real
cause of the bitter opposition that Will be
manifested is his order last April suspend
ing the issue of patents. His opponents
keep this fact in the background, and base
their objections to his course upon his
rulings in reference to timber on mineral
lands and his recent decision against double
entries. Your correspondent had quite an
extended conversation with Gen. Sparks to-
day in reference to the protests alleged to
be en- route from the miners OF Montana.
He said they had not yet arrived; that the
scope of his ruling was misunderstood, but
that he was prepared to maintain an unal-
terable position in reference to the matters
that really were decided. His order does
not at all interfere with the law permitting
individual miners to use the adjacent timber
for mining purposes, but it is an endeavor
to stop the depredations upon timber COM
mitted by corporations of great capitalists
who use the good lumber for commercial
purposes. The
REPORTS OF THE SPECIAL AGENTS
clearly establish this state of affairs. In
Arizona corporation is charged with fur
nishing timber for the construction of the
Mexican Central railroad. In Montana
lumber has been similarly cut for the pur-
poses of commercial use. Gen. Sparks
order overrules the latitudinarian decision
of Secretary Teller in the San Juan COM
pany's case, wherein that distinguished and
elastic Colorado schemer found in the pre-
amble of the act of 1878 some language as
the groundwork of his decision which he
could not discover in the provisions OF the
bill itself. In that case Secretary Teller
went as far as the most audacious timber
thief could desire. He held that the per-
versity of human nature is such that the
citizens of the territories would never alter
their belief that timber could be cut for the
building of school-houses, the development
of mines. and for the necessities OF smelt-
ing. Although the strict letter OF the law
related to the telling of timber from ''min-
eral land" the preamble of the act men
toned the telling Of timber from the ''pub-
lie domain" and from these words Mr..
Teller supported his theory that timber
could be appropriated without opposition,
and for almost any purpose that the in
truder desired. Gen. Sparks order to the
Montana improvement company is but a
strict
CONSTRUCTION OF THE LAW
in reference to the telling of timber by
miners from the adjacent mineral lands.
whose boundaries are well defined and with
a knowledge of which the mineral
claim is made. In answer to
question whether the mining
industry would be paralyzed by this order
the commissioner said that he did not be-
lieve any such state of facts could arise.
and if any such lamentable result would oc-
cur it was in the province OF congress to
amend the law. 1t was his sole duty to
construe and maintain the law as it now
stood. He said that in all the mining ter
ritories coal coke was available. This
was especially true in Colorado, and in the
Black Hills territory of Dakota there were
many coal beds. Mining companies oper-
atng upon large scale, instead of appro-
priating timber far and wide and for pur-
poses lndefensiDle, would have to
suffer from curtailment of their profits,
and like other manufacturers expend this
margin in the purchase of coal. From an
other source it is learned that in fact this
order has never been officially promulgated.
1t has been much discussed, however,
and in truth the department favors its
terms. The protests that are expected soon
to arrive are intended to suspend this an
nouncement.
The Democratic State.
Special to the Globe.
WASHINGTON, Nov. 19.-The Star this
morning says that Democratic member of
the next house, who had sent circulars to
all the Democratic members if they were
committed to organization of the house, has
received replies from 134 members. These
replies are all to the effect that they do not
intend to commit themselves to any candi-
date, until after they have reached Wash
ington and looked over the field. From
this it is inferred that the Democrats are
going to be very careful in the selection of
new officials, and that considerations OF 10
cality will enter largely into the selection of
slate. For the position of speaker it is
conceded on all sides that Mr.. Carlisle will
have no opposition in caucus and of course
will be elected. For the position of SER
geant-at arms the outlook is not SO peaceful,
and it begins to look as though Mr.. Leedom
will not have the walk over his
friends have all along predicted. 1t
is said that the Ohio delegation
is not unit in favor of his election, and
that at least two of the delegation, Messrs.
Lefevre and Geddes, will oppose him. Be-
sides this, which, if true, must be diseuiet-
ing to the Ohio candidates, two new candi-
dates have suddenly put in an appearance.
They are Mr.. W. W. Wheaton of Detroit,
who claims to have the solid Endorsement
of the Michigan delegation, and Mr.. Hig
gins, the appointment clerk of the treasury
department. For doorkeeper Sam DOnel-
son of Tennessee and John Trainer of New
York are the two candidates mentioned
most confidently by their respective friends.
Mr.. Donelson has been making an active
canvass and will, it is understood, draw
strong support from Southern and Western
members Mr.. Trainer has many friends
in the East Congressman Meadow of New
Jersey says the position of door
keeper should go to the East, and
therefore he favors Mr.. Trainer.
New York, he says, always had the largest
Democratic delegation here from any state
since the Forty-feurth congress- but never
since that time had an elective officer in the
house. This year he says the New York
delegation is unit for Mr.. Trainer, and
New Jersey and Massachusetts have practi-
cally agreed to follow New York in the
matter So far no formidable opposition to
the reelection of Gen. Clark of Missouri
as clerk of the house has been announced.
Fears About That Caucus.
Special to the Globe.
WASHINGTON, Nov. 19.-The announce
ment that the Republicans are going to hold
a caucus to consider what they shall do with
President Cleveland's appointments creates
a good deal of CONSERVATION in certain
uuarters here Ry MANY il is considered