Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1895-08-24
The Timber Cases.

nt IuOSL prominent VI tue tlHlDeT
cases, which have been the theme of
the public tongue and the burden of the
state press, and more especially of the
press Of the Black Hills, has had
hearing in the United States district
court at Sioux Falls. The enormity of
the charge, as viewed by the press,
naturally led the masses to the con-
clusion that nothing short of the ex-
treme penalty of the law would be meted
out to the defendants, and many, ignor-
ant of the law, were led to believe,
through the vivid coloring Of the stu
alton, that an enormous fine, heavy
costs and ten year term in the state
penitentiary would be the sure and
unavoidable portion Of the unfortunate
transgressors. The result is a surprise
package to the majority of the people,
inasmuch as it has proven to have been,
practically, a mammoth tempest in a
miniature tea pot, which may be readily
inferred from the following taken from
the Sioux Falls Daily Argus Leader of
23rd inst.
"At the opening Of the United States
court this morning, Odo Reder of Gus
ter county who was yesterday found
guilty under an indictment for cutting
government timber with intent to ex
port, was called up to receive sentence.
When asked if he had nything to say
why sentence should not be pronounced
upon him, he answered in the. negative
Judge Edgerton then said that he had
recognized during the progress Of the
trial that the defendant had committed
the offense for which he was indicted,
with Lo intent to violate the law, but
under misapprehension of the law.
In view of this fact, the court said he
was disposed to be as lenient with the
defendant as possible, and would sem
tence him to pay a fine of$50.
After pronouncing the sentence Judge
Edgerton said that he could not refrain
from complimenting the attorneys on
both sides for the decorum maintained
by them during the entire progress Of
the trial. He said that the case was new
and such cases. where questions Of prac-
tice are involved usually give rise to
sharp tilts between the opposing sides.
But in this case the court said he MOTTO
ed with much pleasure that each attor-
ney had shown careful consideration for
the feelings of the others. II have never
seen" said Judge Edgerton "a new case
conducted in any court with more decor
um than the one just over"
Upon an agreement entered into by
80 k-t - Al
timber cases were continued over to the
Deadwood term. There are five other
cases, involving the unlawful cutting of
government timber. They are: One
other indictment against Odo Reder
two against Josiah Gordon and two ag-
ainst 7. w. Harris"
While the CHRONICLE has no disposi
ton to uphold any one in the violation
of the U. s. tin,ber laws, the necessity
for the observance of which is well
understood, it cannot escape the con-
clusion that there has been, on the part
Of certain Black Hills newspapers, an
undue amount of interest manifested in
the prosecution of these. cases when the
fact Of their clam like silence during the
period of the denudation of the timber
lands in certain sections Of the Hills is
taken into consideration.
In the case of Mr.. Reder, who was
ably defended by Messrs Wood & Por-
ter, Of this city, it was clearly shown by
the evidence that defendant had cut tim
har ,,v,o, tho D,,hlso ,o;oa.ol lacls r.
export, and further that, he had neglect
ed to comply with the rules and reguia-
tions prescribed by law for the cutting
Of such timber, as to the taking OF
affidavits from purchasers of lumber
stating that they would use the same for
general domestic purposes. and not ship
it beyond the limits of the state. The
maximum penalty provided by law for
such offense is fine Of $4,000. six
months imprisonment and the costs Of
the action, which, in this case, aggregat-
ed about $1,000 With regard to the
prohibition of the further shipment oi
lumber from this place, which many
erroneouslJ believe will seriously effect
the future growth and prosperity Of this
city, 1t is only necessary to state that,
with her splendid aggregation Of mat
erial resources, none Of which have
reached mature stage Of development,
and many of which as yet, rem ain
wholly unutilized. the partial suppress
sion Of a single industry can, in no event
seriouly check the general progress
which, In the past few years has been
80 especially marked. There will ysi
remain large local demand for lumber