The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-23
Trees on Lands of the United States.

The forest coverings of our Western noun
tain ranges are now in peril from legislation
originally designed for tho public benefit
The old timber culture act was repealed
at the last session Of Congress because it
was failure, and had resulted in a good
deal Of land speculation. with very little
planting OF trees. But in that repeal act
was inserted provision declaring that in
the States OF Colorado, Montana. Idaho
\ North and South Dakota, and Wyoming. in
the district Of Alaska. and in the gold and
silver regions OF Nevada and Utah. it
should DO a good defence to an action for
4 trespass on public timber lands to show
that the timber was cut or carried away by
q resident for agricultural. mining, manu-
featuring, or domestic purposes" under
the regulations Of the Interior Department.
and not taken away from the State, Terri
tory. or region In question.
The effect Of this law is to open the public
/, timber in great areas to the ravages Of the
axe. It Is true that the purposes for which
+ cutting Is allowed are specified, and
that the prohibition of transportation out
Of the region helps to guard against cut
ting for distant sale. Furthermore, since
the Secretary Of the Interior is authorized
to frame regulations. it may be argued that
It Is his own fault II he makes them too lax.
Still, we find this officer declaring that the
scope Of the permission granted under the
law Is 30 great as practically to allow
outing for any purpose whatever, except
In the indulgence Of mere wantonness. He
points out that there is no limit as to the
time when lumber which is go removed
shall bs used. and hence that 81 1t may easily
be cut within the law and stored for sale;
for 1t Is not provided even that it shall be
for use by the person cutting it." Even
when direct penalties arc provided for tres
passing. 1t has been found difficult to pre-
serve the public timber from devastation.
20 that when large liberty Is specifically
accorded. and the penalty shifted to one for
violating the regulations of the depart
mept, stiu greater trouble is expected in
protecting the timber. The Secretary
makes another noteworthy suggestion:
"Ths statute imposes much upon the executive
olcer than ho should be required to assume. Already
she applications for permits numerous a to
have demanded . special force in the General Land
once 70 attend TO them, and people learn
tie value OF these privileges the pressure for them
will constantly increase. until, unless the law is
i repealed modified. there Will be little timber
Isfs to protect. The States indicated not very
sbundantly supplied at best, and with the in
ereassd value Of forest products It will take but small
1rcautags OF thar population to exhaust every posi-
DO claim. II would to be much better that the
stasute should DO made itself to prevent this
sals than that important matter should DO left
she asersta-y This officer changes with each Admin.
traton and long as thore Is anything to give. he
Will ind dlncut to refuse to that which has al
ready been granted TO Others"
q Whether Congress will be willing to take
1 this view Is somewhat doubtful. The orig
/ lnal permission to cut timber for local pur-
poses was intended to supply the needs OF
regions where It was considered a hardship
10 have to purchase lumber. perhaps hauled
= y long distance. for household uses or for
developing loca, industries. These consid-
erations will still have weight with Con-
sgress. and yet that body must soc that
when enormous areas OF the public timber
lands are thus freely thrown open to the axe.
great ravages must occur. 1twould be out
Z OF the question to provide superintendent
and keepers enough to watch over the
forests and supervise the cutting done I'M
der these provisions. And this Is. perhaps.
nm additional reason why the Secretary
refers to the present law as "givlng every
sllcenso for telling tho forests" Even were
y the phrase manufacturing or domestic pur-
poses less elastic than 1t IL. cutting could
ibe nominally done for local purposes. and,
inter being stored for some time, the timber
could be shipped and sold at distance
without attracting tho attention OF the
Y Government officers.
" One provision OF tho law happily furnishes
IN important source OF protection. by au-
thorising tho President to set apart any
land wholly or In part covered with trees
Rss public reservation. Under this pro-
vision two valuable tracts have been SO