The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-05
TIMBER LAND.
Is Reserved by Carter for Wealthy
Corporations With a Re-
publican Pull.
Col. Sanders and Senator Wolcott
Declare That There Ia no
Trespassing.
Honest. Faithful Special Agents Fired
by Carter for Finding
Such Offenses.
Everything for the Rich Man,
Nothing for the Poor
Honest Settler.
Not u Suit for Trespass Filed In the Past
Two Years-A Change
Needed.

ia nevertheless q fact that the old law OF
1881. relative to cutting government timber,
is still in force. This old. weather-beaten
act makes it a crime to cut timber on the
unoccupied public domain, except for the
use of the navy. Under the provisions of
this act the penalty upon conviction Is a
fine and Inn prisonment. The court has no
discretion in the matter. The penalty is
severe. such a law might have been proper
sixty-one years ago, bus at present it Is un-
Just and oppressive. Neither the law of
March 8, 1875. the law of Jun 3, 1873, or
the one of March 3. 1891, giving persons
authority TO out government timber, under
certain restrictions, repealed the law OF
1881. This fact has been established by
court decisions in several of the western
states and territories.
No later than last February, in the John
II. Stone trial at Boise City, Idaho, the at
torneys for the defense, Judge Hagen. OF
Spokane, and Judge Mcbride, of Salt Lake,
filed a demurrer on the grounds thas the
law of 1881 was obsolete and not In effect.
The coutt overruled the demurrer, and the
trial went on. Judge Beattie, of Idaho,
like our own Judge Knowles, Is agrees
sively honest and q lawyer of vast ex-
perience.
Aside from criminal proceedings the gov
eminent has recourse to civil suits for the
manufactured value" of timber unlaw-
fully cut on government lands. The su-
preme court of tine United States SO de-
cided. This law is SO far-reachinR IN It's
construction that even the purchaser Of the
timber is liable to civil prosecution. Ihls
ought to be sufficient, and the old Grim
inal'' law ought to have been wiped out
years ago. That this law was in force dur
ing the Cleveland administration was not
COMMISSIONS Sparks fault. In 1885 and
again in 1886 he ~strenuously recommended
She repeal of this old statute.
Gen. Sparks, the friend of the honest set
tier, but the enemy of the rich trespasser,
had no alternative but to enforce the laws.
The commissioner of the general land
Office is an executive officer. He has a
sworn duty to perform, no matter now dla'
agreeable it may be in some respects. Ii 10
his business to enforce the laws relative to
the public DOMAIN; If not, IN the Language
of Flanagan, of Texas, "What are we here
for?'
The land commissions is the custodian
of government lands.
Sanders, of Montana, and Woloott, OF
Colorado, stated in effect in the United
States senate that there was no fraudulent
entry Of land or timber trespasslng IN the
west. but the people now better. 1t ie
utter folly to make such senseless state
ments.
The reasonable antipathy existing in the
west agains t the tyranical law OF 1881 and
the unreasonable prejudice against Sparkle
brought about. l believe the liberal and
generous land policy" of the present time
and extending a still more iibet al hand was
what Carter opened the Jack pot witt
when he became commissioner. The bars
were let down and anyone and everyone
were at liberty to forage on the public
domain. This was in accordance with the
wishes and tacit instructions of Secretary
Noble.
Judge Croft, a literally disposed COM
missioner, thought to mildly at least en-
forcs the laws with regard to the big
wealthy trespassin9 corporations that were
encroachina upon the rights of the settlers
He took action in u few cases and imme-
diately there grew up a feeling between
NOBLE and Croft colder than a woman
feet. Croft was compelled to fold his vest
Then our own Tom Carter took the REIN
and the team travelled unchecked.
Since Jan. l, 1891. there hasn't been
solitary amber ttespass suit for damaGei
instituted in Montana or Idaho, nor pro,
ceedings in q case of unlawful inclosure'
BEGUN. but then we have the word of Col
Sanders and Senator Wolcott that there il
present no timber trespasslng. llleRa
fencing or fraudulent entry of public land
In September. 1891. Special Agent A. j
Duncan was detailed for duty in Montana
He was an upright. honest official who sim,
plv did his duty. duncan served in tn,
war of the rebellion and was mustered on
n CAPTAIN in the ~Twenty-thild Ohio in 1885
Capt. Duncan supposed that it was his dut,
to investigate and report violations of tn
law regarding lane matters. In the cours
of his Investigations, however. he happened
to stub his official toe against some influ
entail republicans of Montana. He becam'
e%ntangled with the Inuian agent on tn
Crow Teset Walton, and with n good repub
Iican at Billings named Foster, q recon
Indian commissioner, and also in anothe
case the captain unfortunately displeased
brace of leading republicans at White Sui
pher Springs. The latter complained t,
Carter. Duncan was interfering with tn
prosperity and perpetuity of the republican
party in Montana. The special agent, ii
the honest and faithful discharge of hi
duties, was certainly becoming trouble
some.
The attention Of Commodore Power wa
called to the recalcitr ant agent and h,
swore by high heaven that Duncan must b.
removed. In June, when Carter was here
n few of the republican leaders caught hi
ear and silky Tom promised that ns soon a
he returned to washington duncan woult
b. transferred.
There was one little stubborn thing in thu
way of Capt. Dunoan's dismissal. Capt
Duncan's wife is a sister of Gov. Mckinley
of Ohio.
Il July Agent Duncan was ordered t.
bleak Dakota. He was thoroughly dis,
gusted. He liked Montana. and pro,
nounoed it the best and ,healthiest regior
on top of the broad earth, He is now IL
exile at DEVILS Lake.
Away back in Ohio in 1914, as the stor,
goes, there lived an honest but hard beaded
WING aimirer of Henry Clay. At the whii
convention that year Clay WAS nominated
for the presidency. Norton wondered why
the great kentuckian had not been electec
before, and thinking that surely hi
fnvorite would beat Polk. Norton IL
n moment of excitement registered Il sol
smn vow that he never would get his hail
cut until Clay WAS elected president. Aftel
the disastrous election Norton was so dis
Pusted with his party that no swote: 9Th,
wings can go to II, Pl go to Texas
He vent and from that day to this no hal
never had his hair cut. Mr.. Norton WIZ
attorney general of the Texan republic jus
prior To the Mexican war. He 10 still livInI
in Texas and ia II staunch republican. Ii
1889 Gen. Norton's son was editing a re
publican paper in a little town near Dallas
A man who runs n republican paper II