Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-12-18

~ oy me 1 70 Be veil settled law" nc
Ine supseme Court. in United s.a.ss
vs. burlington and Missouri River Rail.
foad Company, (supsa) said:
LAoos ars taken along the line NJ
tne road In the sense sf the ststnte
Nnen taken along the general direction
OF course OF the road within lines per.
penoieular 20 10 AZ each end"
A recflncation Of lateral and terpnina,
hmfts OF railroad land grants il a neses-
sary preliminary to the adjustment of
socn grants. Ihave organized this work
70 btns extent that facilities of Office room
ana neshanical skill will permit, and il
Is my porpose 70 push IL 70 completion
a. tns riiest possible date.
TIMBxa TRkzpAss.
twenty three special agents have been
employed daring the year, at an average
length Of service of little less than sisht
months each, In the Investigation of
tfespassos on public timber and assist
ing In prosecutions for the recovery OF
damages 10 the Governmeps ThYee
hundred and ninety SIX cases have been
reported, involving q market yalus of
timber unlavfully cot Amounting nearly
70 100000. The amount thus far re-
covered 10 So, 2,s49.Sl. and the amount
due on aocepted propositions OF settle
ment 10 JIG. .602 46. The amount involved
In pending suits 10 81, $50 O3057.
Depredations upou public timber are
universal, na0ran: and limitless. Whole
ranges OF tevaships covered With pine
timber, the forests at headvators Of
streams, and timber land lying along
water courses and railroad lines have
been cut over by lumber companies On
der pretense of title derived through
pre- emption and homestead entries
made by their employees and afterward a
assigned TO the companies. Steam saw
mills are established promiscuously on
public lands for the manufacture of
lumber procured from the public domain
by miscellaneous trespe ssers. LARGE
operators employ hundreds, and in some
cases thousands Of men, cutting Gov
ernment timber and saving 10 no into
lumber and shingles. which, when needed
and purchased by local citizens, can
only be obtained by them at prices
governed by the market value of tim
Der brought ever expensive transport
alton routes from points of leRitim ate
supply.
Under cover of the privilege of Oh
tanning timber and other material for
the construction of right of vay and
land grant railroads, large Quantities of
pabiic timber have been eut and removed
for export and sale. Immense damage
- also inflicted by the destruction of
small growing trees and the spread Of
fires resulting from q failure TO oIear no
the land and dispose of the brush from
felled trees, even IN cases of authorized
cutting.
/ am advised that depredatious Of
great magnitude have been perpstrated
on public timber lands ip California by
q corporation ksown as the "Sierra
Lumber Company" Suit is now pend.
ing to recover the market value of slxty
million feet of timber, a. q result of the
commenosment of ths Investigation of
trespasses committed by this company
for several years past.
Ihe Montana Improvement Company,
a corporation stocked for g., ,00O, ,0O0. and
10 which the Northern PacIfic Railroad
Co. Is reputed to be the principal owner,
was formed In 1893 for the purpose of
monopoliziuR the timber traffic 10 Idaho
and Montana, and under contract with
twenty years. has exploited the timber
from unsurveyed public lands for great
distances along the line of said read,
shipping the product Of the joint tress-
pass and controlling rates in the general
market. Suits have been commenced
and others are in progress Of preparation
against these companies for the recovery
of damages to the amount of several
hundred Thousand dollars.
These instances illustrate the srgan-
izsd methods bv which timber lands of
the United States are despoiled by cor
porations and speculators 80 the ire
parable injury of future interests Of the
country.
The policy Of this Department prior
10 the commencement of the present
administration appears TO have pre-
moted rather than checked timber dep
rotations; the laws having been con
strued with a liberality of license In
favor Of persons and corporations oom
mittinR trespasses, and damages, when
claimed, being compromised at nominal
rates.
The act Of June Is. 1880, prescribing
that when land that had been tres
passed upon prior 10 1879 should have
been "entered and the Government
price paid In full" no criminal prosecu
tion should be had or further main
tained for the trespsss, and no civil
suit when the trespass has been unin-
territorial. was construed to aathorizs
the entry at private cash sale of land:
not subject 10 snch entry under the pu5
lilo land Laws; and the provision ex
emptine unintsntional trespassers frou
civil suit In case of such entered
lands was construed to equally excep
villfuk fFespassers.
Thes4ct Of June 3, 1873, authorizing
citizens and residents in mineral dis
triots 10 take timber for buildiug. agri
cultural, minine and other domestic
purposes, vAs construed to allow lum
| Der dealers, mill l-owuers and railreae
contractors TO cut timber for conmer.
cial purposes, and 9 regulation prohib
i,ing expert out of the district was
modified in 1883 80 a. TO permit such
expert. Instructions 10 special agents
1888. g. g.. par. -.
The Law allowing fright OF way" and
land grant railroad companies 70 obtair
| timber and other matertel for the con
struction OF their roads from public
lands adjacent 10 the line Of the roads
l N68 " NneCt tAtr1uru w
10 be cut wherever the companies de
sired, the word 4" adjacent" being inter
prefed b mean practically anywhere ir
the United States. Original instruo
sious had held the word adjacent" tc
mean IN the neiehborhood Of the lins
of road being constructed. and within
its terminal limits. In 1885 il vas held
| that timber might be obtained away
from the line of the road and beyonC
Its terminal points" q L. d., 1855 In
the case of George W Arwoos a l.. ID.
23), YOU found such liberality of inter
probation, amounting to almost unlim
tied privileges, nos warranted by ias
| and liable to result In detrimsnt to the
| interest OF settlers slresdy upon the
lands, or Of persons desiring 10 settle IN
| future upon such lands. entirely dispro-
| porssonate TO the benefis which they are
likely to derive from the railroads which
have thus been permitted TO despoil the
| lands of their timber"
Other neutrality-suspicious. OF tsv. and
| rulincs and Instructions tending 10 pro
mote and protect trepassss upon pooiis
| timber, have been reversed oy 700 OF
corrected by regulations and inssrue-
tons by me meeting With yoor sp-
proval, the rnoss nAterial OF which ara
| appended 10 the proper division report
| herewith submitted.
=