The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-07
TIMBER ON PUBLIC LANDS.
Regulations Under Which 1t May
Be Cut by Bona Eide Resi-
dents.
They May Use What Is Necessary
for Actual Improvement or
Development.
Rules Laid Down for Those Wishing to
Cut Timber for Mercantile or
Other Purposes.

WASHINGTON, May 6.-Commissioner Car
ter. of tho general land office, with the ap
provel OF Secretary Noble, has issued tt
registers and receivers m important circu'
lar letter of instructions which shall govern
in CARRYING into effect sections of the gen.
eral land act of March ). 1891, relating te
the cutting of timber from the public lands.
These sections only apply to the states OF
Colordo, Montana, Idaho, North Dakota,
South Dakota, Wyoming and Nevada. ter
.itory Of Utah and tho district of Alaska.
Important features of the circular are the
following:
s.Ssts.sxs apon the public lands, miners.
farmers and other bona fde residents in
either of the states, district or territory
named in this act, who have not a sufficient
supply of timber on their claims or lands
for ire wood. fencing or building purposes,
or for necessary use in developing mineral
or other natural of the lands
owned or occupied by them, are permitted
to procure timber from the public lands
strictly for the purposes enumerated in this
section, but not for sale or disposal or use
on other lands or by other persons; but this
section shall not be construed to give the
right to cut timber OH any appropriated or
reserved public lands; and the secretary of
the interior reserves the right prescribed to
revoke such privileges.
Persons, firms or corporations who de-
sire to cut timber from the public lands
for the purposes Of merchandise or for any
other use whatsoever other than Is defined
in sections 2, 8 md 4 Of these regulations,
must FIRST submit ar application therefor in
writing to the secretary of the interior,
designating the lands by section, township
and range, if surveyed, and If unsurveyed,
describing the lands by natural boundaries
and estimated lumber of acres therein.
They must also define the character of the
land and trees or timber growing thereon,
giving an estimate as to the quantity of
each kind, stating which particular kind or
kinds they desire authority to cut or re-
move, and the specified purpose or pur-
poses for which the timber or product
thereof is required.
witnessed BY not less than four reliable and
responsible citizens of the state, district or
territory in which the land is situated and
who reside in the locality of the particular
land described. Thu petitioner or petition
ers should also submit with the application
such evidences as can be procured to con-
clusively show that the preservation of the
trees or timber on the land described is not
required for the public good, but that its
use a. lumber or other product and for the
purposes named in the application is a pub
lilo necessity. If deemed for the public in
tersst the desired permission will be
granted.
I'm order that the farmers who desire to
have forests preserved in the interest of
water supply for irrigation and all others
having adverse interests may have due
notice of such applications, parties max
ing application shall cause to be published
at least once a week for three consecutive
weeks in a newspaper Of general circulation
in the state, district or territory and also in
q newspaper of the county wherein the
lands are situated, a notice Of such
application, and a printed copy of the
published notices must be submitted
with the application, together with on aft
davit of publisher Of each newspaper at
Tackled thereto showing that the same was
successively inserted the requisite number
of times, and Of the dates thereof.
1.-THE cutting or removing of n timber
from the public lands described in the ap-
plication by or for the applicant before au-
thority has been officially granted by the
secretary of the interior will render the
party SO offending liable to prosecution for
trespass and subject his application to re-
lection. Sawmill owners. lumber dealers
and others who in any manner have
caused timber to be cut or removed
from the public lands in violation of law or
these rules and regulations, whether di-
rectly or by men in their employ, or indi-
rectly through contract or by purchase, are
fully guilty of trespass with the individuals
who cut or remove such timbers and are
alike liable to criminal prosecution"