The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-04-07
SEQUOIA PARK.
Secretary Noble Makes an In
portant Ruling.
Settlers Under the Timber Culture Laws
Must Abandon Their Holdings.
Two Hundred Members Of the KaWeah Colony
Affected by the DGCiSiOl-QueS-
tiOn Of Damages.
Special to THE MORNING CALI

WASHINGTON, April 6.-Secretary Noble
to-day passed upon the Kaweah Colony
question. The opinion is rather volumi-
nous, reviewing the question from the time
OF settlement by the c0lonists in October,
1885. He passes over the various points in
the contest, reviewing everything in detail,
and reaches the conclusion that those re-
lying upon timber entries have no legal
rights. while to pass upon the homestead
entries further investigation is imperative.
In the course of his opinion the Secre-
tary observes that it is mandatory upon the
department to preserve National Park Res
ervations. Despite the general law relating
TO this matter and the special acts relating
to Sequoia Reservation, entries had been
made by certain individuals who united in
a common cause known as the 'Kaweah
Colony" They were represented to be in
dustrious. and it was claimed they had
spent large sum of money in destroying
the rugged beauty of that part of the reser-
walton it was desired TO protect
AS to the question of determining their
losses or gains in the matter this IS for Con-
gress to decide. as 1t is not provided for in
the law to be followed by the Secretary of
the Interior. The reason why the position
Of the local land officials at Fisalia in re-
fusing payment and refusing application to
purchase the lands had been sustained was
because Congress had made other and final
disposition of the lands involved in the con-
troyersy. Quoting from the de ,ision:
ut is not necessary to discuss the Ques-
ton Of good faith on the part of these claim
ants, nor the question OF their pecuniary
loss or gain. 1t is the duty OF the depart
ment TO execute the law, and in the per-
formance of that duty L must direct that
these filings be Cancelled and applications
to purchase he rejected. You report that
large list Of entries have been made under
the homestead, presumption and timber cul-
ture laws, wherein final proof and payment
were made and final certificates issued prior
to the date of Withdrawals. If these entries
were valid at the time OF Inception and final
proofs were based upon compliance with the
laws, said entries are excepted from reser-
yaton for park purposes"
The Secretary then urges that the home
stead entries be examined and full investi-
cation made ms soon as possible. so that this
part Of the question can be passed upon.
This decision settles the question so far as
about 200 claimants are concerned, and now
the question of alleged damages comes up
to be settled by Congress.
Secretary Noble received message from
a eolonist to-day, asking that they be fur
nished with copies of the original filings,
claiming that without this they will be un-
prepared to go to trial on the 14th inst. to
answer charges of trespassing upon the pub
lie domain. Commissioner Carbon said it
would be impossible to furnish the original
filings, but the department would send
certified copies. and to do this delay of
some days would be necessary. Should the
Department of Justice agree TO grant con-
tinuance of the cases he would not object.
He had no desire to deal harshly with the
coloniStS and would make every concession
within reason.