The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-26
NOT WITHIN FORTY MILES.
Important Decision Of Secretary
Noble in the Timber CUT
ting Question.
No Permit Will Be Granted Cover
ing Unsurveyed Land In
the Railroad Limit.
Northern Pacific Protested Against
Formulation HeinE Giysn-Onc-Half
tho Permits Asked for Affected.

About n halt tho applications for per
mits to cut timber of governments nom
mineral land in Montana are within the
forty. mile limit of the Northern Pacific
grant, or unsurveyed land. and they will
all be rejected. IL is not believed tho ar
plicants will care very much, as the ~restric-
tions placed upon those granted permits
are such that, as one gentleman expressed
it a few days ago, "it Ia more Profitable to
steal the timber, as has been done in the
past, than to comply with the law" How
ever that may be. Secretary Noble has Just
promulgated another decision on a ques-
tion arising under the regulations relating
to the cutting of timber that ia even of
more Importance than the one rendered the
other day, in which the life Of a permit was
fixed at n year 1t will be remembered
that some time ago residents in the vicinity
OF York, Meagher county, sent a numer-
ously signed protest to the secretary of
the interior against alleged timber depseda-
tions in that vicinity. 1t was reported that
a certain corporation had dsnuded two
townships Of their timber. and this from d
section in which the timber was necessary
to hold the winter SHOWS so that the miners
and ranchmen could have the resulting
water in the spring and summer. Special
Agent Haley was sent to investigate, as was
. representative Of the Northern Pacific
railroad. The latter. also protested against
granting permission to cut timber in the
locality, alleging that it was unsurveyed
ground, and any permits granted might
trench upon railroad lands. The same
company also protested against the grant.
ing of permits to cut of unsurveyed land
within tho limits of it's grant. Secretary
took the matter under advisement,
and yesterday Messrs. Nelson g. Settles,
the land attorneys, received a copy of the
ruling, under date of Feb. 3, as follows:
II have considered the question pre-
sented IN your letter of Jan. 20, 1892, rela-
tive to the granting of permits under the
eighth section Of the act of March 8, 1891
(26 Stat, 1888, to cut timber from the un-
surveyed lands within the primary limits
of the grant for the Northern Pacific Rail
road company. Your letter states that:
"This office has received q large number
of applications for permits to cut timber
from unsurveyed public lands in Montana.
Forty or more protests against the grant
ing of such applications have been filed by
and in the interests Of the Northern Pacific
only against the particular applications
therein, but generally against the
granting of any permit to cut timber from
the unsurveyed public lands within tho
limits of the grant to said railroad COM
II have deferred action on any applica-
ton against which such a protest has been
filed, lest complications might arise that
would, in the future, involve the govern
ment in a controversy with the railroad
as to the rights of the latter,
either for indemnity in lands or in money.
II deem it unnecessary to here consider
the special claims made by the company in
it's protest.
Under the acts Of congress making a
grant to aid in the construction of this
road, which is a grant in PRESENT., the title
passes to all lands of the character de.
therein, free from claims or rights
the date of the definite location of the
road, whether surveyed or unsurveyed.
1.-The road has long & been located and
through the state of Montana,
which the tracts specially referred to in
your letter lie.-
Until surveyed. it can not, with any de-
2ree of certainty, be held that any partic-
1lar piece of land will, upon survey, form a
,art Of an even numbered section, and in
he absence of a showing that the land is
mineral in character, no disposition should
20 made of any of the lands within the
limits of said grant, nor any permit. be
ssued to remove timber from the same
'rior to the survey by the United States"
@ I