The record-union., 1891-01-17
important Opinion Regarding Tim
Der Lands in California.
COMMANDER REITER DENIED A
TRIAL BY COURT-MARTIAL
Bill Introduced to Cure the Defects
Now Existing in the Mineral Land
Act-Changes Made In the Fortifica-
tion Bill by the Senate Committee
The President Dissatisfied with the
Free Coinage Bill.
special to the REconD-UNroS.

WASHINGTON, Jan. l6.-Assistant At
torney-General Shields, in response to
request of Secretary Noble, to-day sub
mitted an opinion as to the legality OF the
steps by the Interior Department to pre-
vent the Kaweah colonists from cutting
timber in the Big Tree groves OF Cali
fornia.
Instead of proceeding by injunction,
General Shields says he would suggest
the following three modes of procedure:
First, to recognize the legality of the ap-
pellant's right to entry on land under the
homestead law or Timber Act, as the case
may be, and to order a hearing to estab-
lish the question as to their bona fde in
tent. 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 q
reservation set apart by an Act OF Con-
Yress; or third, to institute legal proceed
ngs to eject the parties from the lands,
and let all questions regarding their
lights in the matter be settled by the
courts.
'tThe Assistant Commissioner suggests
that the first method would be u just and
proper one, except that for the declared
tude of the claimants. Where final en-
tries have been allowed by the local Off
GERS on lands within the limits of the res
ervation, in my opinion no action will lie
against the entry, so long as the entries
remain uncancelled, but in case of lands
therein embraced in mere filings which
do not reserve the lands, L am of the
opinion that the Secretary of the Interior
mas authority under the Acts to direct the
removal of any persons upon said reSer-
walton without his permission, notwith-
standing said persons might have filed
entries for lands under pre-emption OF
the lumbea or stone Act GO Stat, so.
"Where any of said lands have been
entered under the homestead law, and
the entrymen have not acquired title
thereto, they may be restrained by a
temporary injunction pending a final
disposition of their claims by the De-
partment from cutting timber for sale,
and not for the purpose 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 spe-
cial, nview of the public interests in
volved in the preservation of the reserved
lands.
81 am therefore of the opinion, and so
advise you, that neither OF the methods
suggested by the Assistant Commits
sioner should be adopted, but that, first,
the final entries of any of said lands,
prior to executive withdrawal or legis-
1ative reservation, prima facie valid,
should be recognized as valid until duly
Cancelled by the Land Department; I;
second, that parties who have not made
entries of said lands, but have merely
made filings thereon, and are cutting
timber therefrom, should be considered
trespassers and removed from the re-
servation; and where it shall appear that
the homestead entry men, who have not
completed their title to the tracts COW
cred by their entries, are denuding the
land of timber for the purpose of sale,
and not for the clearing and cultivating
of the soil, proceedings should be insti-
tuted in court to restrain them from cut
ting such timber until the validity o1
their entries shall be duly determined by
the land department.