Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-08-29
TIMBER LAND LAW.
An Important Decision by u S.
Judge Hanford-Many Contracts
Legalized.


A decision of more than Orlinar,
importance was handed down in the
United States District Court at Ia
Coma last week by Judge Hanford il
the case of United States agains
David L. Budd and J. b. Montgomery
The points covered by the decision arc
chiefly as to the construction of the
statute in defining timber lands ant
also to the necessity of having proc
beyond question OF fraudulent conspir
acy for the entry and purchase of tim
ber lands to invalidate transfers made
sooa1ajter purchase. The decision i:
far-reaching in its effects and many
contracts or purchases of timber lands
by corporations, which have been held
by the officers of the land department
obc fraudulent, are thus re-established
and lcgalized. Following is the sylla
bns by the court:
EQUITY - PATENT - CANCELLATION -
PURCHASE MONEY.-When the gov
ernment OF the United States ap
plies far equitable relief it must, like
an individual suitor, do equity OH
its part. In suit to cancel pat
ent for land on the ground of errol
in issuing it when the patentee is
not guilty OF fraud, it is essential foI
the government to return the pur-
chase money to the patentee.
OFFERED LANDs-ACT OF JUNE 3, 1875
-CONsTRUCTIoN.-Within the mean
ing OF the act OF June 3, 1887, pro-
viding for the sale of timaer lands
in California and other Pacific Coast
States, lands which had been offered
at public sale, but not sold, by the
United States, and which were there.
after withdrawn from sale, because
situated within the limits of the
land grant to the Northern Pacific
Railroad Company, belong to the
class of unoffered lands, and may be
lawfully sold as timber lands under
said act.
SANE - TIMBER LANDS. - The hillv,
stony land covered with fir and ce.
dar forest trees common in the west.
ern part of this State are chiefly
valuable for timber and unfit for
cultivation within the meaning ol
said act, although the soil is not
barren and may be made to yield
good crops after removal of the tim
Der and stumps. The true inter.
probation of the act does not require
the substitution of the word "sole
ly" for the word chiefly" nor do
the words "unfit for cultivation
mean not capable Of being made fl,
for cultivation.
IMPROVEMENTS. The word "improve
ments," as used in said act, means
valuable improvements. An aban
doned and dilapidated cabin and
remnant Of an abandoned fence
which are of no use, are not such
improvements.
FRAUD, INSUFFICIENT EvIDENCE.--The
fact of patentee of the United
States having conveyed the land
within one month after entering il
in the land Office, and prior to the
issuance of his patent to a vendee
who, at about the time of said trans
action also purchased other lands
from a number OF persons who
within a recent period, entered the
lands so conveyed by them respec-
lively under the laws of tie United
States, it is not a circumstance
from which an inference, much less
conclusion, can fairly be drawn
that there was an agreement be.
tween said patentee and his said
vendee, made prior to the entry
whereby the title should be acquired
should inure to the latter; and
there being no evidence tending to
connect said patentee with any
conspiracy, no inference unfavor-
able to him can be drawn from evil
dencc tending to prove tina. his
vendee had received cOnveyan ces of
other lands from other persons made
pursuant to agreement ante dating
entry of lands.
SAME-A purchaser from the United
States, under the act above referred
to, is not required to retain the land.
After perfecting his right to it in
good faith, thejus dispone,,di i'm me-
diately becomes vested in him; and
in a suit to cancel patent ON the
ground of fraud, without evidence
of fraud on the part of the patentee,
other than as above indicated, the
praper OF the bill will be denied.
The following from the opion of the
court is of especial interest:
The act OF terms makes no reference
to broken, rugged or mountainous
regions, and does not allude to the
of the soil after removal of
the timber, and am not aware of any
rule or reason requiring the court to
90 construe the statute rs to enlarge
the limitation which it imposes, or
marrow its sapplication so as to exclude
all lands in the States and Territory
named, except the inaccessible por-
tions in the broken and mountainous
regions.
For lhe production of valuable tim
ber strength and fertility of the soil
and &C lditions favorable for the
growth of vegetation are necessary,
and there are no timber lands in this
State which will not, after the removal
of the timber, yield crops of vegetation,
grains and fruit, and there are no
broken, rugged or mountainous regions
unfit for cultivation where valuable
timber can be found, and to give the
statute the construction cOntended
for, makes it q self-contradition and
impractible, and thereby nullifies it.
1t is plain also upon the face OF the
statute that Congress intended that il
should be understood, according to thu
ordinary meaning OF the words ant
phrases used. The Introductory word
in the first section are, The surveyed
public lands of the United States
"May be sold"
This language of the statute itself car
nf tho ocsar