Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-05-12
nHEER LANDS

4 LANDS
Mr.. A. = Caldwell. an az-nt Of the GOT
ernmeEtu Who has been IN thin SETON OF
the Territory collecting evdrnee In the sust
II the Government w. the Montana I'm
p-rUyegest G<DsnpaEy. vas iBterv5eaed by a
reDxsrfer Of the is<oal5an NoBday respect
ing tee present rights ii settlers 1nd-otaer~
10 remove timEfr from public lands Mr.
LaldueiI admitted that lev people hare
correct understanding Of the late rulings Of
me InteT1OF DcpdTtmeut. r. -E~0eaiaH
ti0n has a right to cut timber from public
mineral lands and dep0sea f il in any man
ner except that they must mot sell It to thu
railroad or transport it put Of the Terri
DRY. As to timber Oh non-H ineral pubic
.s1ds, no n can remove it or purchase il
from the Government. 1t may be rpnsoyei
from such lands by actual settlers In order
10 clear the land Or raise money for making
necessary improvements This Is 10 sub
stance the present. policy Of the depart
meBt- As TO shat lands are mineral or
ron-minerai. the person eating the timber
must determine, and If the Government
prosecutes, the question Il decided by jury
Ordinarily. boveve-. there 10 no trouble on
this point. for if land Is mineral. it will b.
worked as SUCH This question decides #
.esf, practically. IN most instances
The above we find in the columns OF
cur esteemed contemporary. the Weekly
lfissouliaD- We sent a reporter to Mr..
Caldwelfs room for confirmation or IN
explanation of the matter, but the re-
porter was repulsed at the threshold. al
thOughhise card was retained as amementO
Assuming, therefore, that it is a correct
report Of the statements made to the Mis-
sOulA reporter, we will ask In on open
and frank way If Mr.. Caldwell was cor
quoted, and il 50, tender him the
iIse OF the columns OF The MINER to fur
tiler elueidate. In the meantime, We will
accept his conclusion that bat few peo-
pie have a correct understanding of the
late rulings Of the Interior Department
And we feel warranted in assuming also
the Interior Department hasn't a
very correct understanding of the char
acter of the country and the quaIitypf its
resources to which recent ruling apply,
1t would seem that the department is ill
from sOme source. The best legal
talent in the Territory is constantly en-
in trying TO interpret these
rulings and the great indnstri es which
are but in ineipient stages of their de-
are hampered and threatened
disaster. For instance, we would
ike to ask Mr.. Caldwell where the great
reduction works Of Butte would get their
'ast supplies of wood If the following
'eetiOns of rulings of 1882 is to be
enforced? We quote
16. Non residents OF a mineral district |
ire not authorized, under any eircum-
TO fell or remove timber from
IubIIc mineral lands in said district, except
use in such district
And to make the prohibition COM
'lete, il Mr.. Caldwell is correctly quoted
y the Muscular, AS to timber ON nom
mineral public lands, no one can remove
OF purchase it from the government"
This, it is seems, is reserved for settlers
o make q elarin" for a farm, as in the
'tates where the Interior Department.
GEMS to get its idea Of the character of
his western country. The full develop
nent OF the idea OF the department as ap-
ears by some of the rulings would be
o overthrow the laws of nature and make
he mountains respond to the pillow share
instead of the pick and other parapher-
ALA of the mining industry.
Them if Mr.. Caldwell is correctly quoteI,
gain he says, @as to what lands are
lineral or non-mineral the person cut
ing the timber must determine" Now,
mis- alsI works a hardship. How is an
rdinary wOOdman to determine this
uestiOn? Miners have prospected for |
ears over ground where mines were
found, located and wOrke..
the burden Of proof is put upon a
Goldman to establish the character of
land from which he is cutting timber, Z
ow many men would engage in that Z
usiness and how long would the great /
ills OF this Territory contribute to the :
'ealth OF the nation as they are now i
ping and under liberal rulings would j
ontinue to do with the added impulse :
would be given to the industry. a
his is the most important ques-t
on pending in this Territory to-day, :
I'D we would urge Congress and theI
apartment. to seriously consider these I
ALTERS in the Light of modern trogress b
the development. of the matches '
ineral resources of the mountains of I
and other States and Terri &
ries where the mineral laws and p
apply. =
II
OF the eases pending in the courts we 4
we nothing TO say. They are to be :
led in the courts and not before the v
II OF public opinion. We have good
urts and a splendid jury system for
Q determination OF the law as it is, and y
Q evidence as it shall be given. -
Q simply state the seriousness !"
the situation a. affecting our
iustries, and appeal to Congress for 5,
re liberal laws snd to the department &c
the most favorable possible ruIings
'reon that can be given. bs