The weekly tribune., 1891-06-27
TIMBER ON PUBLIC LANDS.

tana, and as to that matter none in the
state, who is not more or less affected by
Land Commissioner Carter's new circu-
lar issued by the general land office at
Washington governing the use Of timber
upon the public domain. 1t is of much
importance to all who make timber cut
ting business and applies equally to
small as well as to the large cut
ters. For this reason the TRIBUNE pro-
poses to give liberal synopsis of the
timber law of March 3rd last to the end
that its readers may learn just what
their rights are upon the timber lands of
the government. The act, as far as it
relates to timber cutting on public lands,
applies only to Montana, the two Dako-
tas, Colorado, Idaho, Wyoming, Nevada,
Utah and Alaska.
The right of railroad companies to cut
timber for construction purposes from
public lands contiguous to the line Of
their roads is in no way abridged. They
have enjoyed that right and enjoy it
under the new law. A previous act au-
thorizing the cutting of timber for build
ing, agricultural, mining and other
domestic purposes from the public lands
known to be mineral, and subject to en-
try only as mineral lands still holds good
and remains in force subject only to such
rules and regulations as may be prescrib-
ed Hereunder by the secretary of the
interior. The following section is q very
important one and we give it entire that
timber cutters may determine for them
selves the full measure of their RESPONSE
bility in the premises:
Sec. 4. Settlers upon the public
lands, miners, farmers, and other
bona fide residents in either of
the states, district or territory
named in this act, who have not a sufii-
cient supply of timber on their own
claims or lands for firewood. fencing, or
building purposes, or for necessary use in
developing the mineral and other nat
ural resources of the lands owned or oc-
cupied by them, are permitted to procure
timber from the public lands strictly for
the purposes enumerated in this
section, but not for sale or dis
posal or use on other lands or by other
persons; but this section shall not be
construed to give the right to cut timber
on any appropriated or reserved public
lands; and the secretary of the interior
reserves the right to prescribe such fur
ther restrictions as he may, at any time.
deem necessary, or to revoke the permis-
sion granted hereby, in any case or cases
wherein he has information that persons
are abusing the conceded privileges, or
where it is necessary to the public good.
a strict Interpretation of this section
would seem to imply that any man who
wants few cords of wood, or lumber for
building purposes must cut the timber
himself that he cannot purchase it from
another who has cut it from the public
domain. But as such an Interpretation
would work a very great hardship to
thousands of men and their families who
are engaged in business growing out of
mining, farming, stockraising, etc, and
therefore cannot personally go to the
woods and fell such trees as they desire,
it must be assumed that broader con-
struction of the section is admissible.
However, another section opens the way
to the requirement of such timber prod
ucts as enter into the every day business
of life While the old timber law is
mandatory and while its provisions may
be enforced as they were during the days
of Carl Schurz and Sparks, the new law.
as has been intimated, provides for tim
Der cutting for all purposes, There is
great deal Of red tape to be unwound to
get at the timber but it is probably the
best eastern law givers could do for the
people of the west.
The new law provides that persons,
firms, or corporations residing in the
states named above may procure permis
sion to cut timber upon the public do
main for purposes Of sale or traffic or to
manufacture it into lumber or any other
timber product as an article of merchan
disc by making an application, in wri-
ting, to the secretary of the interior. des
ignating the lands upon which they wish
to cut such timber by section, township,
and range, if surveyed, or if unsurveyed
by designating them by natural bound
aries and estimating the number of acres
therein. They must also state what
kind or kinds Of trees they want and
about the amount of timber wanted.
The application must be sworn to and
witnessed by at least four reliable and
responsible citizens who reside in the
locality of the land described. Then if
it appears to the secretary of the interior
that the granting of the application will
not be detrimental to the public inter
ests or infringe upon the rights and priv,
ileges of the settlers of the locality the
application will be complied with.
The application must be published
once week for three consecutive weeks
in paper of general circulation in the
state, and it must also be published for
Al