The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-20
PERMITS G00Of0R YEAR
Important Ruling by the Secretary
of the Interior on Timber
Cutting.
The Life of no Permit Win BE
Longer Than Twelve Months
From It's Issue.
Timber Can He Cut, and nc More Than
Is Absolutely Required.

The fear expressed that the granting Of
permits by the secretary of the interior tc
persons to out timber off the non-mineral
lands belonging to the government would
result in the creation of great timber mon
opolies. according to a recent ruling of the
secretary in a Montana case. is %groundless.
The decision referred to related to a per-
NIT asked for by a resident of Meagher
county. and Is the most important Of the
timber cutting rulings yet made by tho in
terror department.. According to the gen.
eral public land act passed by congress
March 3, 1891, the secretary Of the interior
was empowered to make such regulations
as he deemed necessary governing the cut
ting of timber from the non-mineral pub
lie lands in the states of Colorado, Mon
tana, Idaho, North Dakota, South Dakota,
Wyoming, Nevada, the territory of Utah
and the district of Alaska. After the gen
eral act had been passed a supplemental
act was made q law more clearly setting
forth the secretary's powers and duties, as
follows: .
THE secretary of the interior may make
Asse AAS oAAA w OdA4y Oub
the provisions of this act: and he may desie-
nate the 8 ection or tracts OF land where
timber may be cut, and it shall not be law
full to cut or remove any timber except as
may be prescribed by such rules and regu-
lations; but this act shall not operate to re-
peal the act Of June 8, 1878, providing for
the cutting Of timber on mineral lands"
In conformity with the above the COM
missioner of the general land office pro-
mulgated an order some time ago, giving
directions as to how to proceed under the
new law. These instructions set forth that
the application must be published in some
newspape: of general circulation, and it
must give a description of the land it was
desired to cut timber from, and the number
Of acres. But nothing was said in the in
structions as to the life of the permit.
In a little while the newspapers began to
contain applications to cut timber off GER
tain specified tracts, and then the feeling
arose that the law as understood was one
that would inurs greatly to the benefit of
SPECTATORS. This feeling was intensified
by the fact that a majority of the applicants
applied for permits covering vast tracts of
land, one man taking in six townships. In
Montana 1t was argued that the law as in
GGI DlCtSN COulu HOY uSlp Dub prove very
detrimental to the interests of the state as
awhole. 1t was realized that comparatively
there is but a SPARSE amount of timber III
the state; that when that on the mineral
and had been exhausted by the mining
companies, those who ha1 the timber per-
mlts would not only have the general CON-
munity at their mercy, but the miners also,
Another injustice lay in the fact that the
big operators in any given section would
receive the right to cat timber. and thus
the general community would be at their
mercy. r5
The department., however. has been very
chary in granting these permits, All that
have been sent in to Washington from
Montana have been referred to Special
Agent HALEY for investigation and report.
In a large majority of cases it has been
recommended by the agent that the appli-
cations be cut down so per cent. But one
permit has been grantsd in this state and
that to the Bonner company in Missoula
county. The applicants have all believed,
as we'll as the general public, that all per-
mlts. when secured, were perpetual. and it
was this fact that caused thu greatest dis
satisfaction among the settlers. But a late
decision of Secretary Noble removes this
objection. and will result in reaerying for
the use of all the people the timber on the
non-mIneral lands. 1t not only fixes the
life of the permit, but it also clearly de-
fines the amount OF timber that may he
cut within the year. The case in question
involved a permit to cut from 9 5000 acr IS
and was taken to the general land office BY
Messrs. Nelson d Settles. of this city. The
name Of the applicant is left blank for the
reason that his permission to publish has
not been obtained; but the letter, with that
OMISSION, is as follows:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON ID. c.. Feb. 10 1900
Messrs. Nelson e. Settles, Helena, Mont.
Referring to FOUR lettar of
Aug. III, 1891. transmitting application of
- for q permit to cut timber from
certain described non-mineral public lands
III Montana, you are advised that the secre-
tary OF the interior has decided not to grant
any permits to exist for a longer period of
than one year from date thereof; that
not to exceed so per cent of the merchants
bic timbe- on the land embraced in a psr-
nit shall be cut within the year; and that
no permit shall cover a larger area of land
than ls required to furnish, during the life
of the permit, a sufficient quantity of
timber for the capacity of a mill in supply
ing the absolute requirements ard nece,si-
ties of the people dependent thereon in that
vicinity.
The application Of = covers M
wards OF $4,000 acres of public land, an area
winch, Doubtless. at even a very low esti-
mate, must contain an amount of timber
largely i'll excess of what is required 70. the
purposes named, and, consequently, the
Application requires to be modified by VI
to correspond with the instructions of the
as above set forth.
1t 10 accordingly necessary that Mr. -
should advise this of1ica as to which of
the particular tracts of lands covered bv
his advertisement and application he de.
slres to have embraced in a permit.
In submitting the information cnlled for
and reducing the area of land within the
limits prescribed by the secretary of the
the tracts should be selected from
within the exterior bounds of the lands
covered by his original advertisement and
application; otherwise. reimbursement
and re-application will be necessary.
In all applications for timber permits. If
the lands are surveyed, it is essential that the
description should be given by sub divisions
OF sections, sections. township and rnn1au
If. however. the lands are unsurysvcd thav
should be described in such n manner thnt
they may be readily located upon the Off
cal map Ill this office. tho locality hang
defined by such streams and other natural
objects as are designated upon the oOicial
map. and by the distance and dirpction
omt nearest surveyed lands. The suh-di-
Visions OF sections. sections. townships and
ranges tho lands will probably be in when
the oIhclal surveys are extended To euhrnra
the same, should also be stated.
You are advised that shOnid tha ;,f.