Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1892-02-19

known to be mineral and not subject to
entry, except for mineral entry, is not
repealed in this act. but remains in
force subject to the rules and regula-
tions prescribed Hereunder by the Sec
retary of the Interior.
Settlers upon the public lands, mineu.
farmers, and other bona fide residents,
who have not sufficient supply of tim.
Der on their own claims or lands for
dre-wood, fencing, or building purposes,
or for necessary use in developing the
mineral and other natural resources of
the lands owned or occupied by them.
are permitted to procure timber from
the public lands strictly for the purposes
enumerated, but not for sale or disposal
or use on other lands or by other per-
sons; but this section shall not be con-
strued 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 per.
mission granted hereby in any case or
cases wherein he has information that
persons are abusing the conceded privi-
leges, or where it is necessary for the
public good.
Section 246l, U. S. Revised Statutes,
is still in force. Its provisions may be
enforced as heretofore against any per-
son who shall cut or remove, or cause or
procure to be cut or removed, or aid or
assist or be employed in cutting or re-
moving, any timber from public lands
of any other character or description, or
for any other use or purpose whatever
than as defined in these rules and regu.
lations, unless special permission is irst
obtained from the Secretary of the Inte-
rior specifically designating the particu-
lar sections or tracts from which timber
may be cut, and under what restrictions
and limitations.
Persons, firms, or corporations who
desire to procure permission to cut or
remove timber from nom mineral public
lands for purposes of sale or traffic, or to
manufacture same into lumber or other
timber product as an article of merchan.
| disc, or for any other use whatsoever
other than as defined in these rules and
regulations. must first submit an appli-
cation therefor in writing to the Secre.
tary of the Interior, designating the
lands by sections, townships, and ranges,
If turveyed, and, if unsurveyed, describ-
ing the land by natural boundaries, and
the estimated number of acres therein.
They must also define the character of
the land and the kinds of trees or tim
Der growing thereon. giving an estimate
as to the quantity of each kind. stating
which particular kind or kinds they de-
sire authority to cut or remove, and the
specific purpose or purposes for which
the timber or the product thereof is re-
quired. The application must be sworn
to and witnessed by not less than four
reliable and responsible citizens who re-
side in the locality of the particular
land described.
The petitioner should also submit
with the application such evidence al
can be procured to conclusively show
that the preservation of the trees or tim
Der on the land described is not requir-
ed for the public good, but that its use
as lumber or other product and for the
purposes named in the application, is Q
public necessity. Upon receipt of the
application. with accompanying papers.
it will be duly considered, and If deem.
ed for the public interest, the desired
permission will be granted, subject to
such restrictions and limitations as may
be deemed necessary; but if it shall ap-
pear that the cutting of timber in the
locality described in the application
will be detrimental to the public inter.
ests or infringe upon the rights and
privileges of the settlers in that locality.
the application will be rejected.
In order that farmers who desire to
have the forests preserved in the inter.
est of water supply for irrigation and all
others having adverse interests may
have due notice of such applications,
the parties making an application. a.
herein provided, shall cause notice OF
such application, describing the lands
and timber which it is desired to use, to
be published at least once week for
three consecutive weeks in a newspaper
of general circulation in the county
wherein the lands are situated, and q
printed copy of the published notice
must be submitted with the application
together with the affidavit of the pub.
Usher or foreman of such newspaper at
tached thereto, showing that the same
was successfully inserted the requisite
, number of times. and the dates thereof.
The cutting or removing ofany timber
from public lands described in an appli.
cation, by or for the applicant, before
authority has been officially granted by
the Secretary of the Interior. will rem
der the party SO offending liable to pro-
secution for trespass, and subject his
application to rejection.
/ Saw-mill owners, lumber dealers, and
| others, who in any manner "cause or
procure" timber to be cut or removed
| from any public lands in violation Of
law or these rules and regulations.
whether directly by men in their EN-.
ploy, or indirectly through contract or
| by purchase, are equally guilty of tres
| pass with the individuals who actually
4 cut or remove such timber and ara =.