Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1893-09-22
MBsK CULTURES,
Important fnstructions Relating to Final
Proof Thereon.


DyrARrNKNr OF THE INTERIOR
EEAEnAL LAND urr.cx.
WAshiNeroN, ID. c., March 30, 1893 \
Registers and Receivers, United St,,t,.s
Land Oifices-Gentlemen: By the fir
lection OF the act Of March 3, 1891 (26
stat 1880. the laws providing for the
entry OF public lands for timber culture
purposes were repealed, DO far az regards
any future claims, and continued. with
certain prescribed notifications, for the
adjustment of any claims initiated prior
10 such repenlir < act, as follows. to.wit :
j. The llowing words 81 ia. last
clause Of section 2 Of the act OF June IA.
1873 (2O Stat, ll3), namely, that moi
less than 200 trees were planted on each
acre" were repealed.
2. 1t MAS provided that in omputinp
the period OF cultivation the time should
run from the date Of the entry, il the
necessary acts Of cultivation were per-
formed within the proper time.
3. 1t was further provided that the
preparation Of the land and the planting
OF trees should be construed ss acts 81
cultivation, and the time authorized to be
10 employed and actually employed
should he computed ~ part Of the eight
years OF cultivation required by statute.
One OF the conditions Of the act OF June
IA, 1873 go Stat, 1l3), embraced in the
following words, viz, "At the time Of
making such proof there shall be then
growing ut least 675 living and thrifty
trees to each acre." was left untouched
in the repeating act, 40 that persons pro-
posing to perfect title Hereunder were
required to show, in the final proof, the
existence OF the quantity and character
oil trees on the land as therein prescribed.
Congress at it's recent session, by act
OF March 3, 1898 public No. l2i), emit.
tied An act making appropriation for
sundry civil expenses Of the government
Tor the fiscal year ending June 30, 1894,
and for other purposes, enacted a. fol.
lows, viz:
That section Of an act entitled An
act to repeal timber culture laws, and for
other purposes, approved March 3, 1891,
be, ana hereby is, amended by adding
the following words to the fourth proviso
thereof: And provided further, that II
tve ca, 3, eds or cuttings were i'm rood faith
planted rs provided by law, and the same
and the land upon which so planted were
thereafter in good faith cultivated as re-
CURED by law for at least eight years by
person qualified to make entry and
who has subsisting entry under the
timber culture laws, final proof may be
made without regard t. the number OF
trees that may have been then growing
upon the land"
Under this enactment parties may
make final proof without showing the ex.
istence of the quantity and chara ter Of
the trees on the land at the time Of their
doing 90, as required under the previ.
Ously existing law provided that IL he
made to appear in the prc of
l.. That trees, seeds or cuttings were in
good faith planted according to the re.
quirements Of the timber culture laws as
amended by the first section Of the act OF
March 3, 1891, before mentioned.
2. That the trees. seeds or cuttinps m
planted, aud the land upon which they
were 80 planted, were in good faith cult
vated Tor at least eight years in manner
prescribed In the timber culture laws.
.. That the claimant was qualified to
make entry under said laws.
=. mat he has an entry suhsisting
Hereunder.
8. That the facts Of the case are such
as to chow the claimants good faith in
MS proceedings under the statutes.
You Will therefore apply aud give
proper effect to the provisions Of the act
oil March 3, 1893, according to the fore
going, in any cases coming before you az
contemplated in the instructions Of the
circular of February 8, 1892, pages 20
and l39 ct seq, to which you are re.
ferfed. Very respectfully,
M. M. Rose,
Approved: Acting Commissioner.
hoKE Smith. Secretary.