The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-03-07
More Favorable for Settlers.

4
Shortly af or Spec al Agent Worden
notified tn" settlers on scripped lands
not to cut any more timber on their
claims, Mr.. Leo M. Geismar, supervisor
OF Mcmillan township, wrote the
secretary of the interior long letter,
stating the case Of the settlers, and ask
ing advice as to their rights in the pre-
misses. We publish below the reply of
Commissioner Croft, from which it will
be seen that the special agent either ex-
ceeded his instructions, or that his in
sturctions were greatly at variance with
the rules herein laid down. AT NIL
events tho commissioner recognizes the
right OF the settlers to cut timber for
the p9rpose of clearing for cultivation
and making improve emcnts upon the
land. This is a black eye for the scrip
pers, for it isn't clear ell land they want,
and the longer they keep these claims
in litigation the less pine timber there
will be on them when they get through.
They will certainly rot be able to
"freeze out the settlers under any such
Instructions. As one of them pertinent
y remarked the other day, "under such
instructions we can fight the scrip until
the Jews return to Jerusalem" Below
is the commissioners letter: ~
WASHINGTON, d. c.. Fob. 30, 1891.
Leo. ". Geismar, Bruce's Crossing,
Mich
SIR Il am in recnipt by department.
reference OF your letter dated JanGary
27. 1891, in which you ask the follow
lnc:
ain The case Of two parties, one the
"bona iide settler. the other holder of
Soldiers additional homestead cer;if-
"cate. conte~ting the right of entry to
"the same tract of land; if the local
"land office dec des against the actual
settler who appeals from such decis-
"sion. does the settler, pending the
commissioners and your own decisions,
"lose the right Of cen ing land for the
purpose OF making living bv cultivat-
"ing such land if Y so doing he is
"obliped 10 cut vine or other van ble
"timbar, using it for building purposes,
burning it to get the land cleared or
selling what su plus he might have if
abe finds market for it."
IN reply to the above I enclose COPY
of letter from this oiicp TO Special
Agent Worden, 14th current. contain
ing instructions in such case IA you set
forth, and copy also OF department cir
cular, dated December 10, 1856, and
you are ad, ised that where the title to
pubic land is in contest. this Office will
no take action against the actual bona
.jfde settler for cu ting timber on his
claim, unless the cutting is in violation
of the rules ard regulations prescribed
III the enclosed circular.
Very respectfully.
LEWIS A. GRoEF,
Commissioner.
The commissioners letter dated Feb
ruary 14th, 1891, TO Special Agent
Worlen, SAYS in substance that in view
of the continual residence of several
homesteaders AN their comfortable
improvements. the department will not
distnrb the settlers OF take anv action
against them for any or II timber they
might cut, rs long as they cut it for
improvements and cultivation.
The circular issued December 10,
1885. by W A. Sparks, commissioner,
and L @. G. Lamar, secretary IF inter
ior, re-is ued February IL, 1890, hy
Commissioner Lewis A. Croft, says
amono other rules:
| Homestead or pre-emption claim
ants who have made bona tide settle
ment upon pubic land, and who are
living upon, cultivating and improving
the same in accordance with the law
and the rnles and regulations of this
department. with the intention of
acquiring title thereto. are permitted to
cut and remove. or can to no cut and
removed, from the rortion thereof to be
cles Il and cultivated. so much timber
as is actuallv necessary for that purpose
or for buildings. fences and other i'm
provements on the land entered.
. In clearning for cultivation.
should there he a surplus of timber over
what is needed for the purposes above
specified the entryman may sell or dis
pose of such surplus; but it is not allow
able to denude the land of its timber
for the purnose of sale or speculation
before the title has been conveyed to
him by patent.