Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-09-19
The Timber Lands.
Reported for the STANDARD by W. ". Wiltshire.
Attorney. Seattle, late Of the General Land OF
fcn Mashinrtnn

Rcprttrd for the STANDARD by W. ". Wiltshire
Attorney. Seattle, late Of the General Land Of
fee, Washington.
The decision recently rendered in
the United States District Court, con-
STRUNG the provisions of the Timber
Land Act, (of June Sd, 1879 has at
tracted general attention in Western
by reason of the great
value and extent OF interest to which
it alludes.
Many consider it revolution OF the
doctrines which have controlled the
administration of this act by the Inte-
rior Department. The principal qUes-
ton, of general interest involved, re-
latcs to the character OF the lands to
which title may be acquired from the
United States under this act A close
scrutiny of the points decided, and OF
the general statements in the decision
not specially applicable to the particu-
lar case under consideration, does not
seem to entirely justify this belief
Current reports and private discus
sions of the decision have created the
impression among many that all these
lands containing a dense growth Of
merchantable timber, of greater pres
ent market value than that Of the
land itself, may be entered under the
timber land act, Notwithstanding, if
cleared, the land may have a substan-
tial agricultural value, and be fitted
for profitable cultivation. In the case
decided by the court the land is in
fact, as stated in the decision, billy,
stony and broken, and if cleared would
have but indifferent value for agricul-
tnral use, though the soil contained
qualities and strength sufficient to
produce vegetation, as evinced by the
character and extent of the timber
growth upon it.
Reference is made, collaterally in
the decision to the cost of clearing for
cultivation, but that does not appear
to warrant the inference that the ex.
tent of such cost is the controlling
consideration in determining whether
the land is within the operation of the
timber land act, regardless of whether
when cleared, the land is such, in its
superficial conformation and the
character of its soil. as to be fit and
valuable for cultivation. In the mos,
recent decisions of the Interior De-
partment, lately rendered, it is con.
sidered that many circumstances en-.
ter into determining the value of these
lands for particular purposes; tina,
it is not always clear to what classifi
cation they belong. While the cost Of
clearing is consideration in ascer
tanning the classification, it is subject
to other considerations and subOrdin.
ate to the consideration of the value
OF the land for profitable farming by
ordinary methods, when cleared. The
fact is regarded, that soil of sufficient
strength and suitable quality for pro.
duction of vegetation is essential to
the growth of valuable timber, and il
is held that all lands having such soil
is not without the operation of the
timber land act. The distinction is
made, that if the land has substan-
tial agricultural value, in the sense OF
being subject to profitable cultivation
in the ordinary manner after being
cleared of its timber, it is not subject
to disposal under the timber land law,
but may be claimed and acquired
from the United States under the
homestead and presumption laws. 1t
is considered that such is the restric-
ton imposed by the provision of the
timber land act, which limits its opera
ton to such lands as are valuable
chiefly for timber Cor stone), but I'M
fit for cultivation.
Regarding the cost OF clearing it is
considered, and recognized as settled
principle that bona fide homestead
and presumption settlers upon public
lands for agricultural purposes are en-
titled to sell the timber cut from the
land in the process OF clearing for cul-
tivation, for the purpose of getting rid
OF the excess above their requirements
for Improvements and for facilitating
and lessening the cost of clearing.
1t is not doubted that bona fide set
tiers may enter under the homestead
and pre.emption laws, such lands as
could be properly taken under timber
land act. Whatever may be the real
inconsistencies between the rulings in
the case in the United States District
Court and those in the Department,
decisions, the latter indicated the view
which will probably govern the acqui-
sition Of title from the United States
in the present state OF the law, a mat
ter within the exclusive jurisdiction of
the Interior Department., until the
practice which now obtains is modified
in obedience to the expression of con-
trary views by the United States Su-
preme Court or such weight of au-
thority.