Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-02-04
TIMBER CUTTING.

The Glendive Independent publishes il
its last issue a letter from Acting Commits
sioner Stockslager OF the Interior Depart
ment, in answer to inquiries relative te
cutting timber for domestic purposes upo1
unsurveyed public lands, the eaid wood
not being fit for timber or manufacturing
purposes. 1t was desired to obtain an au.
thoritative expression of opinion from
the department what rights were inherent
in the citizens to cut wood for their own
use or to make an honest livelihood out OF
the same. A resident of Glendive, s. D.
Bovee, had made a contract to furnish a
merchant at Glendive with 500 cords of
wood and 1000 posts, and the cutting,
and hauling Of the wood were his only
support in the winter. He was taking it
from the unsurveyed Government land,
where the timber is no good but
for irewood. It seems perfectly
legitimate. The wood was such as could
not be useful for manufacturing, and
doubtless many others besides Boyee could
make an honest living this way besides
supplying the needs of a community,
were they permitted by law to
do SO. Commissioner Stockslager
answers inquiries by stating that
the statute expressly forhids, under
penalty of fine and imprisonment, the cut
ting OF any timber upon the public lands
for sale or disposal. There is no authority
OF law for cutting timber upon public lands
Tor domestic purposes unless the lands are
known to be OF a strictly mineral character
and not subject to entry under existing
laws OF the United States except for min
eral entry" OF course, under the circum-
stances Bovee is found to have laid himself
open to both civil and criminal prosecu-
ton and Agent Downey is authorized to |
settle with him at a stumpage value for |
what he has cut OF about SO cents a cord, |
he having released to the Government what
he had cut, and ceased further work as
soon as the misrepresentation he had been
laboring under wal removed from his
mind.
Under the new land law prepared by the
subcommittee OF the Committee on Public |
Lands, which has had the matter under
consideration. the proposal concerning
timber lands is that none of it shall be sold.
but that the timber growing on the same
may be disposed OF to the highest bidder in
tracts after having been properly
advertised, to be removed within six wears:
that no timber land shall be appraised at
ess than SO an acre. From the short ab-
'tract vi the bill published, there does not
'eem to be any provision that the bona
ide settler may supply his needs from the
public lands, and the Representatives and
Delegates of the Western States and Terri.
% les ought to be reminded of the absolute
necessity of this provision being placed O n
he statute books. The amount of wood
o taken would not affect the timber SIM !
~ OF the country materially, and, if il
i'd, it is one of the chief ends to which the
'ood a be put-providing the settler /,
nth fuel necessary to enable him and his /,
.mily to live on the land they are tillino t
nd retaining from the desert. OF all the I
needed in the Interior Department {
aws and regulations this one should be one
I the first. The settler should no longer
9 classed as a thief when he Supplies his
lei necessities from the public domain. +