The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-04-11
The Right OF Settlers to Gun
Tim l,er,.

tIllDcF.
The letters OF Commissioner Stone,
which were recently published, concern
ing the cutting OF timber on public
lands, not being explicit enough to sat
isfy Special Agent Smith that gentle
men wrote to the general land Office
for L,ore d, finite instructions, and re-
ceived in rerly the following letter:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WAsHISGToN, ID. G.. March 81. 1891. }
Nh. Luther Smith, Special Agent
General Land Office, Marquette
Michigan.
Sir IL have before mo yonr letter
date Sth instant. enclosing newspaper
clirpin entitled Settlers w Scrip"
II il 4 fiicult 10 comprehend how the
position OF this office can he misunder-
stools The GOVERN ent cannot inter-.
iere or take sidos in contests between
ind viduals until all of rthe facts on
both sides are properly presented be-
fore it for adjudication. When two
parties claim particular tract of pub
lie land, and either or DO j are residing
upon the land and complying fully with
the requirements Of the law as to i'm
provements. cultivation, etc., this Office
canno prevent the party who is prov
ing his good faith by his acts from cut
ting so much timber as is absolutely
necessary to enable him to occupy the
land and comply with the requirements
OF the law. But he cannot 90 outside
of this and cut timber for sale or dis
posal: nor can he cut timber in excess
of his actual requirements, for sale or
traffic, under the pretenso that he in
tends to clear and cultivate the ground.
The clearing and cultivation must
follow step by step with The cuttinc;
for as.in the language of the court in
the case of u. S. VS.. Williams and
others, Z. s. circuit court, Oregon, ID.
Federal Reporter, y. 475, the cutting
Of timber sought rot To be allowed OK
cept upon clear proof that the tillage
or cultivation has kept pace. acre by
acre, or field by field, with the cutting
and removal" But,
tillage means husbandry--tle cultiva-
ton OF the land, particularly by the
plow.
Moreover the clearing and cultivation
OF the land must TO OF character to
Improve same and add to it, value, and
cannot be permitted If it is material
damage to the land and deprcciative Of
it's value
An adverse claimant to the land who
cuts timber thcrefron, even though III
good faith and for the improvement of
the land, does so at his own risk. and
if the.inal decision Of this office should
be against him, and the title to the land
shonld pass to the other claimant. pro-
cecdings may he taken against him by
the successful party to recover the
value of the tim or, and for all daraC, s
sustained.
Ile newspaper article enclosed by
you does not fully represent the posi-
ton OF this Office. as the said article en-
tirelv ignores the material point that
no timber--not even one tice--can be
cut by the settlers in excess of what is
absolutely necessary 10 prepare the
particular area cnt over for immediate
cultivation The letter to Special Agent
Wortlen referred to in sail newspaper
clipping stated also: "Chese settlers
must one and oil be prepared, shou d
they be called upon, to show conclns-
lively that they have strictly compiled
with the law and the rules Of Depart
ment Circular December IS, 1885.
Very respectfully,
WA STONE,
Acting Commissioner.