The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1886-04-17

Commissioner Sparks has ISSUED
the following circular notice to al
United States Land Offices:
\ "The following rules and regula
I.tions are hereby prescribed by thu
Secretary of the Interior for thu
, protection of the timber growing
or being upon public lands covered
by homestead or presumption
entries; and paragraphs eight te
ten, circular Of June /, 1888, and
circular Of December Is, 1888, are
hereby revoked.
Homestead or presumption claim
ants who have made bona fide settle
ments upon public land, and who
are living upon, cultivating, and
improving the same in accordance
with law and the rules and regula-
tons of this Department, with the
intention of acquiring title thereto,
are permitted to cut and remove,
or cause to be cut and removed,
from the portion thereof to be
cleared for cultivation, so much
timber as is actually necessary for
that purpose or for building, fences,
and other improvements on the
land entered.
| In, clearing for cultivation, should
there be a surplus Of timber over
what is needed for the purposes
above specified, the entryman may
sell or dispose of such surplus !;
but it is not allowable to denude
the land of its timber for the pur-
pose of sale or speculation before
the title has been conveyed to him
by patent.
Where it is ascertained that tim
Der is being cut upon a homestead
or presumption claim for the pur-
pose of sale and disposal, the spec
ial agent must promptly and per-
sonally investigate the same, and
report in full the facts in connec-
ton Herewith to this office on the
form provided for that purpose.
He must also make a separate
report on the entry involved, in
accordance with the general instruc-
tons to special agents appointed
to investigate fraudulent land
entries, being careful to note on the
briefing fold of each report refer
ence to the relative. report.
A sworn statement from the
entryman should be taken in every
case where practicable, and if it is
alleged in any case that the timber
was cut to clear the land prepare
tory to cultivation, the agent should
particularly examine and report
whether the clearing was done in
the manner usual in such cases, or,
as is customary, where timber is
cut for removal without expecta-
ton Of cultivating the land
whether valuable timber was culled
out, leaving the inferior trees and
the underground and stumps |
undisturbed except as incidental to
the removal of the cut timber
whether the land is really fit for
agricultural purposes; and, if SO,
whether it has been cultivated or
for cultivation after the
of the timber, ascertaining
and reporting the nature and extent
Of any such cultivation, the kind
Of crops raised, and their amount
md value.
In every case where an entry
timber trespass is under
investigation by special agent he
must promptly notify the Register
md Receiver of the proper land
,ffice of that fact, and upon receiv-
ng such notification the Register
md Receiver will at once make a
proper notation upon their tract
looks, and will thereafter forward
III papers which may be submitted
elative to said entry to this Office
referring to the special agents :
and will take no
ction whatever thereon which will !.
hange the character or status of
aid entry until the special agent
las concluded his investigation
nd his report has been acted upon {
y this office. /
The abandonment of a settle
ncnt claim is presumptive evidence [
hat the claim was made for the !