The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-01-17
CALIFORNIA Big TREES.
Proposed Action Against the KaWeah Colo
niStS for Illegal Timber Cutting.

WASHINGTON, Jan. 16.-Assistant Attor-
ney Shields, in response to request of Sec
rotary Noble, to-day submitted an opinion
as to the legality of the proposed action by
the Interior Department to prevent the
Kaweah colonists from cutting timber in
the Big Tree groves of California. Instead
of proceeding by an injunction, General
Shields says he would suggest the following
three modes of procedure First, to recog-
nlze the legality of the applicants right to
entry on the lana under the homestead law
or timber act, as the case may be, and to
order hearing to establish the question as
10 their bona fide intent; second, to refuse
any recognition of the claimants rights in
the premises, and reject their applications
on the ground that the lands are embraced
in the reservation set apart by an act of
Congress; or, third, to institute legal pro-
ceedings 10 eject the parties from the lands,
and let all questions regarding their rights
in tile matter be settled by the courts.
The Assistant Commissioner suggests
that the first method would be a just and
proper one, except for the declared de-
termination and present defiant attitude of
the claimants. "Where final entries have
been allowed by local officers on lands
within the limits of the reservation. in my
opinion, no action will lie against the
entries so long as the entries remain I'M
canceed; but in case of the lands therein
III mere lltllS, WHICH 10 HOI IT,
serve the lands, l am OF the opinion that the
Secretary of the Interior has authority under
the law 10 direct the removal OF any persons
upon said reservation without his permis-
sion, notwithstanding said persons might
have filed entries for land under the Pre-
emptiOn or Lumber or Stone Act GO,
Statutes so. Where any of said lands have
been entered under the homestead law, and
the entry men have not acquired title
thereto, they may be restrained by tenn
porary injunction, pending II final DISPOSE
tiCn of their claims by the department, from
cutting timber for sale and not for the pur-
pose of clearing and cultivating the land.
If the department is of the opinion that any
entries of land within the reservation have
been made in bad faith or contrary to law
hearings should be promptly ordered, after
due notice, TO determine the validity of the
same, and the case should be made special,
in view of the public interests involved in
the preservation of the reserved lands. |
am therefore of the opinion, and so advise
you, that neither of the methods suggested
by the Assistant Commissioner should be
| adopted but that
"first-Final entries on any of sail lands
| prior TO executive withdrawal or legislative
reservation are priIna facir valid and should
! be recognized as valid until duly Cancelled
| by the Land Department.
'SecOnd-That parties VINO have not made
! entries OF said lands but have merely made
| filings thereon and are cutting timber there
| from should he considered as trespaSsers and
! removed from the reservation and where it
| shall appear that homestead entry men who
have not completed their titles to the tracts
| covered by their entries, and are denudtng
the land of timber for the purpose OF sale
| and not for clearing and the cultivation OF
! the soil, proceedings should be Instituted in
court to restrain them from cutting such
| timber until the validity of their entries
| Shall be duly determined by the Land De-
M RI