Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1889-05-07
FROM WASHINGTON.
The Work Done by the Fish
Commission.
THOSE OKLAHOMA SHERIFFSs
An Important Decision Rendered on
the Matter of Timber Claims.
Window Ill.
Associated Press Dispatches to the HERALD. |

Associated Press Dispatches to the HERALD
WASHINGTON, May 6.-Secretary Noble
to-day rendered an important decision IN
the case OF James Hair, of Kirwinn,
Kansas, on appeal from the decision OF
the Commissioner of the General Land
Office, in which he reverses the ruling OF
the Department during the last admins
tration, relating to the amount OF timber
allowable on timber culture land entries.
Hair, in his application, makes oath that
on the land in question there are two cot
tonwood trees and four cottonwood
sprouts two inches in diameter. The
section was returned by the official sur
veyor as timber land under the rulings
of the department that the words, ODE
| void of TIMBER" in the timber culture
act, ne cessarily means, without TIMBER"
or destitute of timber" The entry was
therefore not allowed. The Secretary
says: "No arbitrary rule can be estab-
lished for the government of every case
1t should be the desire of the Depart
ment to ascertain what intent and pur-
pose Congress had in the passage OF the
act. 1t stands to reason that it was not
the purpose to deprive the occupants OF
the vast prairies of the West of the
benefits of the act, if there happened
to be single tree upon the section. L
take it that the words prairie land or
land devoid of timber within the spirit
of the act means practically 80. To give
the act the construction placed upon it by
the last decision just cited, according
fA hn Of lodi
fair conclusions, would prevent the en-
try of any prairie land that had timber Of
any character upon it, standing, falling
or otherwise. This is certainly too mar
row view to take of the Act. AS the
testimony in this case is conflicting as to
the amount of timber on Hairs claim,
further examination is ordered"
THE PHASES OF FISHERIES.
To an Associated Press reporter to-day,
Colonel Mcdonald, Fish Commissioner,
set forth the plans proposed by him for
the summer. AT the request of the Ohio
FISH Commission, the United States
Commission, this spring, added to its
regular programme, the distribution of
pike perch, commonly called pickerel,
eggs and fry, collected and matched at
Sandusky. About eighty million eggs
were secured, and these are now being
planted in the waters of Illinois, Ohio
and western Pennsylvania. The
trip of the distributing car to
illinois is reported to have been one of
the most successful ever made. The
distribution of shad eggs and fry is being
conducted from several hatcheries in the
East. The car will leave Washington
tomorrow on its second trip to the South
with 100000 eggs, going direct to Mont
gomery, Ala. whence the distribution to
local streams will be made. During the
summer, cars will be engaged in the
collecting and planting of indigenous
fishes in the Mississippi valley,
in the States of Nebraska, Illinois, Ohio,
Indiana and Missouri, and new hatch
cries are to be located at Put-In-Bay
Island, Lake Erie, which will be the
largest fish hatchery in the world, hav-
ing capacity of $1,000, 900 eggs year !;
at Evergreen Lake, Colorado, and Birds
Point. California. Several steamers at
tached to the Commission have their
summers work laid out for them,
and it is of great importance. The
Albatross will leave San Francisco
about June LIST, going as far as Privilow
Islands, in Behring Sea, where study
will be made of the seal fisheries in &C.
WIFI pIC lCGOiutiOh Vi SShBi Cpo
adopted last session, as well as of the
general fisheries along the Southern
Alaska peninsula. On the way up the
Albatross will leave party of investiga-
tors in Alaska, who will examine into
the salmon fisheries there under terms of
another congressional resolution.
THE RECORDS OF THE REBELLION.
Major George B. Davis, recently acted
as advocate of the Lydecker and Armes
court-martials has been selected by Sec
rotary Proctor as army officer at the head
of the appropriation bill to continue the
publication OF the records of the Rebel
lion. There are two others to act with
him, civilian experts, who have not yet
been selected. The work is expected to
be finished in five years.
WINDOW NOT WELL.
Secretary Window is better, but not
we'll enough to leave the house. His
condition has been much mere serious
than has been supposed. He had
severe attack of cholera moIbus Thurs
day night, which did not fully succumb
to medicine until Saturday night.
Attorney. General Miller has called
upon Marshals Jones and Needles for an
explanation of their conduct, and that of
their deputies, on the occasion of the
opening OF Oklahoma Territory.