The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1886-09-25

ley, special timber depreciation
agent located in Montana, seized a
large amount of timber which had
been cut by the Montana Improve
ment Company, and by Linde e.
Co., near Bozeman, on the ground
that it had been unlawfully cut and
held for sale outside the Territory.
The companies claimed that the
seisure of the lumber was not with
in the province Of the Government,
and had Haley arrested for exceed
ing his powers. Before proceeding
further with the case Commissioner
Sparks determined to ascertain the
powers of the Government in the
premises, and applied to Acting
Acknowledgement jerks for an
opinion. Mr.. jerks to-day returned
to the Secretary of the Interior his
opinion. 1t establishes principle
that will hereafter govern the land
office in its dealings with the free
timber question. 1t is in substance !:
The question presented for con-
sideration is whether the Commits
sioner may "direct the sale of the
property so seized, and if so, whether
it may be disposed of at private
sale in such way as may be both to
the advantage of the Government
and to the benefit of the community
without advertising the same" The
question proposed seems to involve
a preliminary inquiry, namely, as
to the authority Of the officers
of the land department to make
seizure Of timber unlawfully cut on
the public lands. Statutory reme-
dies are not the only ones available
to the Government. In Cotton VS..
United States it was held that the
United States has a right to bring
an action Of trespass against a per-
son for cutting and carrying trees
from the public lands. Agreeable
to the doctrine of that case the
United States may resort to the
same civil remedies for the rrotec-
ton of their property which are
open to any other proprietor.
Thus, they may seize the timber
cut, arrest it by replevin or recover
damages in trespass for the taking
and conversion. These are the
ordinary remedies given b. the
common law for the recovery of
personal property or its value.
Seizure or reception (Which is one
of them) is a remedy by the mere
act of the party injured, and may
be resorted to for the recovery of
such property when the exertion
shall not endanger the public peace.
Authority to exert this remedy in
behalf of the United States must be
deemed to belong to the Commits
sioner of the General Land Office
under the Supervision of the Sec
rotary of the Interior as power
included in the general duties re-
speoting the public lands which are
devolved upon him. Such author
ity, indeed, has long been asserted,
and frequently exercised in the
land department, through its Off
GERS or agents, the latter acting un-
der instructions issued by the Com
missioner with the sanction Of the
Secretary. Referring to this the
Supreme Court observes "The
Department of the Interior, under
the idea of protecting from depre-
dation timber on the lands of the
Government, has gradually come
to assert the right to seize what is
cut and taken away from them,
whenever it can be found. In aid
of this Registers and Receivers Of
the land offices have by instruc-
tions from the Secretary of the In
terror constituted agents for these
purposes, with power to appoint
special agents under themselves.
If any authority to do this was
necessary it may fairly be inferred
from appropriations made to pay
the services of these special timber
agents" While / entertain no
doubt as to the existence of the
remedy by seizure, vet its liability
to abuse and become an instru-
ment of oppression demands it
should be used with righteousness,
discretion and only in clear and
emergent cases, and except in such
cases the. regular process of the
courts should be preferred. AS
to the authority of the Commits
sioner to dispose of such timber by
public or private sale, l apprehend
that this power exists subject to
the general supervision or direction
of the Secretary of the Interior. !
therefore submit that in my opin-
ion the Commissioner may direct
the sale of the property seized, and
that it may be disposed of at pri-
waite sale and in such way as may
be both to the advantage of the
Government and to the benefit of
the community without advertising
the same.
The $4,000 equestrian statue of
Maj. Gen. Burnside, now in foun-
dry in New York city, has just been
inspected by delegation of citi-