Los Angeles herald., 1890-12-17
THE KAWEAH COLONISTS.
1T IS DOUBTFUL IF THEY CUT
GOVERNMENT TIMBER.
Their Examination Before U. S. Commits
sioner Van Dyke Yesterday-He Re-
serves His Decision.

The tales of depredatiohs on the giant
forest of Tulare county and the new
Sequoia National park received aquietus
yesterday in the preliminary examina-
ton before Commissioner. Van Dyke of
the trustees of the Kaweah Cooperative
colony. The government did not at
tempt to prove that anything except
some small fir and pine had been cut,
and admitted that this even was on
ground sixteen miles distant from the
park.
The prisoners had entered as their
counsel quite an array of talent. Henry
c. Dillon, who in Colorado conducted
the cases of the Farmers Alliance to
successful conclusion, securing final
decision OF the supreme court that the
"waters of state belonged to its peo-
ple," took charge of the defense. Hon.
W. w. Morrow, Frederick S. Stratton,
his law partner, and Walter Gallagher,
all OF San Francisco, were also entered
as counsel for the defense. Ex-senator
Cornelius Cole appeared to represent
the United States district attorney.
After examination of Mr.. Caldwell,
government land agent, and Messrs.
Orr, Barnard, Bishop, Evans, Young,
Moody, Davidson and Betz, the govern
ment rested.
At the close of their evidence, Mr..
Dillon moved TO dismiss, upon the
ground that the evidence failed to show
that the cutting was done upon govern
ment land, the admissions and testi-
mony all being that the cutting was
upon colony land, he holding that this
evidence was sufficient to rebut even
the presumption derived from the treaty
OF Guadaloupe Hidalgo, THAT all lands
are government lands;" upon the
further ground, also, that under the
statute prosecutions could be only had
for cutting timber on lands reserved by
the secretary of the interior, and that the
been shown; and upon the further
the forest reservation act of October |,
1890, these colony lands did not come
under the exceptions noted in the act,
that is, "bona tide entries,'' which
showing had not been made. Fur
ther, upon the ground that un-
der the statute it must be
shown that live-oak or red cedar
trees had been cut and that all the tes-
timony was to the effect that only fir
and pine had been felled. Further, that
the testimony showed that the timber
cut was used for dwellings and other i'm
provements of bona fide settlers, and
not for export or sale, and such use was
permitted by statute on all public lands.
Further, that the evidence failed to
show that the cutting was unlawful in
any sense; that it showed that the col
onists filed on the land in question
nearly five years ago; that they COM
piled with all of the forms required by
law, and that their cases are still pend
ing before the land department; that
the testimony shows, in the defend ints,
vested right, of which even congress
cannot deprive them; that it shows good
faith, and thus the absence of criminal
intent; and finally, that there was no
evidence, whatever, of any timber being
cut since the date of October st, 1890.
Commissioner Van Dyke announced
that the questions raised were so vital
that he should be compelled to reserve
his decision for some days. He offered
the defense either a postponement or
the privilege of putting in their defence
in the afternoon, subject, of course. to
the motion to dismiss.
They decided upon the latter course,
and the afternoon was spent in listening
to the story of how Kaweah colony was
formed, had struggled and succeeded in
building up prosperous and contented
Sierra town, told by Burnette g. Has
kell, J. J. Martin, H. T. Taylor and
William Christie, four of the colony
trustees.
Their story was substantially con-
firmation of the theory OF the defense,
which is in brief claim of absolute title
to the lands in question and bona fde
settlement and occupancy of the same.
One of the interesting points
brought out, was that the colonists in
the past five years had twenty-three
times saved the timber lands of the gov
ernment in their locality from destruc-
tion by fires, wantonly or carelessly
kindled by sheepmen, herders and
campers.
The case was submitted at p. m.