The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1885-11-25
delegate Toale interviewed.

the &HRoNICLE giadlY gives space -
"You have spent considerable time il
the ealital since your ell ction," said
Republican reporter to Mr.. Toole, yester
/ day his anything Of special interes
transpired affecting Montana, and hov
! have you occupied your timer"
II have found much to occupy ms
here in looking after such appointment
as were likely to fall to Montana, anC
such departmental business as was Incl
dent to my official position. In the pur
suit Of these duties. obstacles and delays
which do not obtain in private life art
necessarily frequent and sometimes per
picking, but the uniform courtesy and
kindness shown me by the President
Cabinet officers, and the heads of bureaus
have done much to counterbalance these
dificuaties.
Much INTEREST has been felt in the
course to be pursued by the administra.
ton relative to Territorial appointments
The history Of the Territories justifes
the assertion that they have been consi
dered in the past IS sort of hospital fol
the care and maintenance of political
weaklings from the States but, happily
this policy is giving way to a more just
and enlightened public sentiment, which
demands that their local government
shall be intrusted to their own citizens
This sentiment was SO potential that ii
found place in the national platforms
of both political parties in their last con-
ventions
at is but fair to say that there have
been departures from the platform in
this respect in several instances, but in
the main it has been adhered to; and
we find cause for congratulation in even
a partial realization of our hopes. especi-
ally in Montana, where the Governor,
Secretary and a number of other import
ant officers have been chosen from resi-
dents of the Territory"
Montana seems to be attracting con-
siderable attention in the east as Ter.
rltory of great possibilities" remarked
the reporter.
Yes, and deservedly SO. The Terri
tory is enjoying the greatest prosperity,
and has most inviting future. Since
the completion Of the Northern Pacific
aud Utah railroads our population has
rapidly increased, and capital has been
attracted to us. Our valleys are yielding
largely in agricultural products and large
tracts of desert lands are being reclaimed
by irrigation. A million head of cattle,
10000 head Of horses and l 100000 head
of sheep are grazing upon the nutritious
grasses of that Territory. Our mines
are the most productive of any in the
country, and, although that interest is
in its infancy, the mineral output for
1885 will approximate S2S,OOO,OOO."
''How alb ut your population"
Our rspuIasion % close ON 70 I1o,Ooo.
No census has been taken for long time
but the vote at the last election showed
26.96O male citizens over the age of 81
years in the territory"
Il see that Mr. Sparks, commissioner
of the genera, land Office, has been
establishing some new rules regulating
the cutting of timber on mineral lands.
How will that affect Montana ~
q have felt the greatest anxiety about
this new circular, and sometime ago call
ed on the Secretary of the Interior and
protested against lbs approval, subsequ-
emily addressing letter to him reciting
the mischief which would follow its en-
forcement, and the great hardships it
would entail upon the residents of the
mineral regions.
Commissioner Sparks interprets the
act of Congress approved June 8, 1873,
relating to cutting timber on mineral
lands to mean that each individual
must cut the timber himself or by his
personal agent, and that cutting timber
to be used as fuel in quartz mills, snelt-
ers, and reduction works is not such
mining purpose as is contemplated by
the act referred to, but is forbidden
thereby.
This statute is remedial one, and as
such is in Inv opinion entitled to liber-
al construction. Such an illiberal con-
struetion as that given to it by Commits
sioner Sparks would, of course. suspend
all mining operations IN the west and
throw thousands of people out of en-
ploy ment, a condition of things which l
am sure he oes not wish to bring about.
"There would be some plausibility in
his construction of the statute if there
was any law by which timber or timber
ed lands could be purchased in mineral
districts, but there is none, and ! mann
tain that this statute was enacted for the
very purpose of remedying this condition
of things.
"The right to use timber for mining
and domestic purposes in its most COM
prehensive signifeation, has been ex-
pressly authorized by the Interior De-
partment since the first settlement of
mineral lands. and millions of dollars
rave been invested in mines and ma
chinery upon the strength Of it. 1t would
be manifestly wrong to undertake to
take away the right now, as such action
would result in the immediate destruc-
ton Of the mining interests and the cap
ital invested therein.
But aside from these considerations,
it is questionable whether the courts
would enforce such regulation, as the
Law, giving authority to make such rules
and regulations necessary for tbs carry
ing out of the statute seems to me to go
beyond constitutional authority in this,
that it is an attempt to confer Legislative
power upon an executive department of
the government.
"The true solution Of the difficulty, in
my opinion, IS to have these lands sur