The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1890-09-26
An Interesting Decision.


the United States District Court, con-
STRUNG the provision of the Timber
Land Act (of June 3rd. 1879 has at
tracted general attention in Western
Washington by reason Of the great VAL
lie 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 Inter
Tor Department.. The principal ques-
ton, OF general interest, involved,
relates to the character of the lands to
which title may he 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 partic-
ular case under consideration, does not
seem to entirely justify this belief.
Current reports and private discuss
ions 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 tim
Der land act, Notwithstanding, ii
cleared, the land may have substan-
tial agricultural value. and be fitted
for profitable cultivation. In the case
decided by theCourt the land is in fact,
as stated in the decision, billy, stony
and broken, and if cleared would have
but Indifferent value for agricultural
use, though the soil contained qualities
and strength sufficient to produce veg
citation, as evinced by the character
and extent of the timber growth
upon it. =
Reference is made. cola orally, 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 con
sideration in determining whether the
land is within the operation ct the
timber land act, regardless Of whether
when cleared, tina land is such, in its
superficial conformation and the char
acter of its soil, as to be fit and val
liable for cultivation. In the most
recent decisions of the Interior Depart
ment, lately rendered, it is considered
that many circumstances enter into
determining the value Of these lands
for particular purpose. That it is
not always clear to what classification
they belong. While the cost of clear
ing is consideration in ascertaining
the classification, it is subject to other
considerations anl sul,ordinate 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 production of
vegetation is essential to the growth Of
valuable timber, and it is held that all
lands having such soil is no. without
the operation of the timber land act.
The distinct is made, that if the
land has substantial agricultural
value, in the sense of being subject to
profitable cultivation in the ordinary
manner after being cleared OF its tim
her, 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 pre-
emption laws. 1t is considered that
such is the restrid ion imposed by the
provision of the tialber land act, which
limits its operations to such lands as
are valuable chiefly for timber (or
stone), but unfit for~cultivation.
Regarding the cost Of clearing it is
considered, and recognized us settled
principle, that bona tide 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
cultivation, for the purpo-e of getting
rid of the excess above their require
ments for provements. and for IA
cilitating and lesset,iiiing the cost of
clearing. -;
It is not doubted that bona fido set
tiers may enter under the homestead
and presumption avs, such lands az
could be properly taken under the
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
decisions, the latter indi-
Gates the view which will probably
govern the acquisition of title from
the United States in the present state
Of the law, a matter within the ex-
elusive jurisdiction of the Interior
until the practice which
now obtains is modified in obedience
to the expression of contrary views
by the United States Supreme Court
Of such weight of authority.
Reported for the JOURNAL by w. w.
Attorney, Seattle. 2l0 But
Ter Block. late of the General Land
Office at Washington, y. G..