The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1886-04-14
Late Land Rulings.

Late Lana Rulings.
We are indebted to Receiver Carlin
for copy of the following rules and
regulations prescribed by the Secretary
of the Interior for the protection of the
timber growing or being upon public
lands covered by homestead OF pre-emp
ton entries:
l. Homestead or pre-enlption claim
ants who have made bona fide settle
ments upon public lands, and who are
living upon, cultivating, and improving
the same in accordance with law and the
rules and regulations 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 cultiva-
ton, so much timber as is actually neces-
sary for that purpose, or for buildings,
fences and other improvements on the
lind entered.
2. In clearing for cultivation, should
there be a surplus of timber oyer what
is needed for the purposes above speci-
fed, the entryman may sell or dispose
of such such surplus; but it is not allow
able to denude the land of its timber for
the purpose of sale or speculation before
the title has been conveyed to him by
patent.
8. Where it is ascertained that tim
Der is being cut upon a pre-emption
claim for the purpose of sale or disposal,
the special agent must promptly and
personally investigate the same, and
report in full the facts in connection
Herewith to this office OH the form pro-
vided for that purpose; (4-47S.) He
must also make a separate report on the
entry involved Form 4-4S0) in accord
ance with the general instructions to
special agents appointed to investigate
fraudulent land entries, Circular of June
%, 1881 being careful to note on the
briefing fold of each report a reference
to the relative report.
4. A sworn statement from the entry
man 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 preparatory 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 re-
mOval without expectation of cultivating
the land; whether valuable timber was
culled out, leaving the inferior trees and
the underground and stumps undis-
turbed, except as incidental to the re-
moval of the cut timber; whether the
land is really fit for agricultural purposes,
and if so, whether it has been cultivated
or prepared for cultivation after the
removal of the timber, ascertalning and
reporting the nature and extent of any
such cultivation, the kind of crops raised,
and their amount and value.
5. In every case where an entry in
volving timber trespass is under investi-
CATION by special agent, he must
promptly notify the register and receiv-
er of the proper land Office of that fact,
and upon receiving such notification, the
register and receiver will at once make a
proper notation upon their tract books,
and will thereafter forward all papers
which may be submitted relative to said !
entry, to this office referring to the
special agents notifcation,) and will |
take no action whatever thereon which |
will change the character or status of |
SAID entry, until the special agent has
concluded his investigation and his re-
port has been acted upon by this office.
g. The abandonment of a settlement |
claim after the timber has been removed,
is presumptive evidence that the claim
was made for the primary purpose OF
Obtaining the timber, and all facts rela-
tive to abandonment should be carefully |
ascertained.
Z. Squatters upon public lands have |
no right to cut timber therefrom for any |
purpose.
8. Where timber is obtained by mill
owners, lumbermen, or others, from
number of individual homestead or pre-
emption claims, a report should be made
combining the several trespasses, so far
as practicable, into one case against the
instigators and benefciaries of the
whole trespasss, using the claimants to
the land and the cutters and employees
as witnesses.
8. The judgment of this Office upon
the merits of case must be based upon
the report of special agent, and it is of
paramount importance that such report
sets forth fully, concisely and intelligent
ly all the facts in TIE case. Conclusions
of the special agent, whether in favor of
or against the party, must be supported
by sufficient recital of facts and evil
dencp