The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-12-02
GENERAL" SPARKS sNUBBED.
His Effort to Nullify an Act of Congress
81 / F1sstfated bJ SecritAjy LAMar.

New YORK, December IA Washington
special to the New York Tribune says:
General Andrew Jackson Sparks did not
enjoy his Thanksgiving dinner, hbt because
he is not well in body, but on account of
the buffetiAgs Of spirits and torturing Of
sensibilitles which he has experienced. 1t
is is asserted that on Thanksgiving eve the
COMMISSIONS OF the General Land Office
= wslsiina condition not wholly dssialilar to
Mr.. Pecksniff's when he retired from his
memorable last interview with old Martin
Chuzzlewit. 1t WAS hard enough. inallcon
science, Tor Il p~roud:spirited "~General"-at-
largei like Sparks, to- fender perfunctory
obedience to a mere ex-Colonel like Lamar.
without being compelled to actual
obedience, and to put y with such indigni-
ties as ave been heaped upon him within
the past few days. ID a. T.''i
For some time it has been q matter of
speculation as to whether the ''General"
would allow Mr.. Lamar to remain much
longer at the head of the Interior Depart
ment. The occurrences OF yesterday and
to-day. however, have shocked some other
people besides Sparks, although, not so Sc
%riously. For months the General" had
been allowed to have '..
HIS OWN PECULIAR WAY,
and he had made full use OF his OPP
portunities to disorganize the Public Lands
service and. Cypress settlers. The success
OF Mr.. Villas in nullifying IL law OF Congress
must have excited emulation in the bosom
OF Sparks, who thercupon undertook to go
Il step further. The law OF June 3, 1878,
which Is plain and explicit in its term, pro-
vides that bona fide residents of the Terri
tories and mineral districts Of the United
States, 'shal! be and hereby are author
lied and permitted to fell and remove for
building. agricultural, :nining or other do
nestle purposes, any timber or other trees
growing on public lands, said lands bein.
mineral and not subject to entry under ex-
listing laws Of the United States except for
mineral entry. i = g Subject to such rules
and regulations as the Secretary OF the In
terror may describe" Some three. months
ago the miners and laboring population OF
the mineral regions generally
N ESPECIALLY IN MONTANA
were then thrown in Il state OF alarm and
excitement by the receipt at all the local
land offices, as well as by the special agents
OF the Gederal Land Office, OF new rules
and regulations bearing the sign manual
OF General Sparks. 1t was plain that
the enforcement of these alleged ''rules and
regulations would paralyze the mining in
dustry OF the Territories and throw thous-
ands OF honest laboring men out OF en-
ployment. To show how completely the
General meant to nullify the law OF Con-
gress, one OF his rules is quoted as fol-
lows: The telling or removal OF timber on
mineral land to be used as fuel for quartz
mills or reduction works, or for burning
the same into charcoal for: the use Of smelt.
ing companies is not such mining purpose
as is contemplated by the act OF June 3,
1878, and is therefore prohibited" To
Ch~ SH %L1 1t.S$ -
is only necessary to say that he had no
more right to issue and enforce the So
called regulations; in default OF. their for
NAL approval by Secretary Lamar than he
would rave to make" regulations" for the
government OF Indian agents. He knew
this, for he sent q copy Of the circular to
the Secretary for his approval. .
Mr., Lamar seems not to have, known
about the unauthorized and unlawful ac-
ton OF the COMMISSIONS OF the General
Land Office until complaints and petit
tons ..t --.. ...4
BEGAN TO POUR IN FROM MONTANA
and elsewhere, and then he referred the
Sparks circular to Assistant Secretary
jerks for examination. Mr.. jerks, OF
course, was not long in deciding that the
new rules and regulations were in con-
travention Of law. "General". Sparks APP
pealed from the decision, but it was sns-
tanned by Secretary Lamar. Now, after
thousands Of miners and laborers have
been annoyed and suppressed for three
months by the unauthorized and unlawful
action OF the Commissioner Of the General
Land Office, the Secretary OF the Interior
authorizes the publication Of the following
statement. "The system Of rules purport-
ing to be issued by the COMMISSIONS OF 1.-THE
General Land Office. with reference to the
cutting OF timber for agricultural, mining
and other domestic purposes under the
provisions Of the act of June 3, 1878, APP
plying to the Territories OF Montana, Idaho
and other Territ prizes, was issued without
authority. The subject, is under
consideration by the department. and when
any change is made in the present regula-
tions it will be properly announced" This
official. snub was administered to the
doughty General before he had fairly re-
covered from the prompt official rebuke
that. he had received on account OF his at
tempt to- throw open to settlement in an
irregular and unauthorized manner, pend
ing an appeal to Secretary Lamar from his
own decision, lands granted to aid in the
construction OF the Atlantic and Pacific
Railroad in California.
a Democratic official, who has been u
close observer OF Commissioner Sparks
official career, said: Zone difficulty seems
to he that he regards all his predecessors
as fools or knaves. Another is that he
does not consider himself bound by the de-
cision OF any Secretary Of the Interior
prior to Mr.. Lamar. The truth is, Sparks
is the kind OF a man who could tear down
Solomon's temple in twelve hours, and who
could not build Il decent pigpen in twelve
years."