The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-02
UNCLE SANS 'TIIB Err.
History Has Nothing to Do With.
the Case. .z...= &. +. {. ... It.
If a Man Cats 1t He Must Pay for
1t, and That Tells the .:== #
H.. ... . Tale. .. r.. i:.l
special. t0THE. Mons 5sa g. cAl.t... !.

r. 80. D.. .,.f 80 . -.:t -
'WAsHtNGroN, May :f.--lfoses Mock cnt
timber from G0Ternment land in. Fresno
County, manufactured It"into l. tDgee99 feet
that ID was GQYernmen.t land, ;, but did not
seek to enter. it as a homestead or. pre-,
eniption. -He.ayetred that Qnlg asnIal part
of tile timber had been cut from the tract
descFtbed IN. the complaint as Government,
land but the. timber agent counted 8l4
pine. s1umps fEom two to, three feet in
diameter; s. q: -. ~. II =.:. =
q: Suitfor The recovery the value of the
Timber was brough by the Ulited States,
and tile United States Circuit Court for: the
Northern California District, in its I'M ttuc-.
. tfons to:the jury, said there was mo o=testl-.
.5mony that. Mock had cut all that timber
from Government land; trat the jury had
no light te guess at. the amount; and that
unless proof had been offered " hich created
a reasonable certainty iu.thelr= minds as to
the amount pfstimber GU by defendant and
Ifs value. tie verdict must be- fer: the. de-
entautiif court. FEY: @ .> T..
-: III his charge the court said white I
wish YOU TO; .GudeF stand that l AIN ngt.iWafe
Of any license hayin ever been issUed in
!. the last sixty years: toj any party to Ego on
tile public domain and cut timber, mo court
has ever held and4no court Woud be :justi-
fed in holding that those men were crinii-
mails VITO went on and put up little mills
for the purpose Of aiding their neighbors,in
procuring lumber for domestic use. You
must take account of the e0ntemporaneous
history OF the country in these matters"
The jury accordingly found for defendant
and the Government appealed. In his opin-
ion to-day Mr.. Justice Brewer says: The
only errors alleged are in the charge. The
exceptions are taken to the part which re-
fers to the history of the, attitude Of the
Government toward pioneers and others
who took timber for domestic use, and that.
which declared no verdict could be re urued
in favor of plainiiff. except for the value Of
the lumber manufactured. Although there
was no direct evidence of the value of the
standing trees, yet it did appear that $thGy
were manufactured into INN Der. command
ing price of 50 per thousand feet. and
when the Government proved or defendant
admitted that he had cut and carried away
some of the timber in this tract of Govern-
ment land plaintiff was at least entitled to
nominal damages; nor were the observa-
tons of the court OF reference 10 the atti.
tude eff =. the: Government justifiable.
There certainly was no. propriety in
|; suggesting that ,.tlfe Guvernntentupheld@o @or
/ lenahced: a" party ifn*4gofng into the
| business OF, cutting and: carry q # timber
from: Cove ynmeift land,: saving 1T fnto*ianl.
ber%and selling &it@ for *nteft.M" Tn: this case
+ th ere4is no pretense #tlfat: Mock cutIlle M
berfar., his: own use.93: He admits stilat.he
I sold it.aIk There issnot thfpga 1n:tfezl gfsla-
|. ton Of CongTe S. or.in ,tlfe history: of%the
/ E!Government: which *carries Witil=:i /: an -ap-
4provai of such action: {. IF he# decison<yis
reversed and a rev. .triaf erdered: .:...
. The. :: Same deeis ON MAS given cease
of the Uni ed .State., plaintiff I'm error; Us.
+ Joseph w. Hum9hrles and Moses NJ &c ~. !.
r.. The court reversed WithcoSis>t tile decision
!! of the Northern Circuit Gourtcof &c Caliiornia
] in! ttie1Gase Of Eliza 6eth.Ii: HRGer, exeeutrix
/ Of tphli:S; Hager, formet ty:C oflector of:the
f. port :*of San Fame sc0: id SO I'll g. Of
plaintiff n error VS.: r. SwaYlie,: holJi IiS
+ that While lporters:m IN ay. 10
rec4yer money itat , j in I'd llties rrQneo lily
I collected by the Goyernment. an"aSsfgnee
has; NOT q. .rig1t-to: do So. ~: -: -;
/ The case. .pf :liulllaum GA bad e, appel Ian !
VS.. tile: Upiteds States was dlsinisse TO
l. wa MT of ill Eisd dictiOii - -: