Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1898-02-19
THE COURTS CHARGE.
Judge Amidon's Instructions In Full in
the Odo Reder Timber Case.

| n AnluOH W tuc JuIoIo III tic Case Vi the
United States vs. Odo Reder for viola.
tion of the timber laws, which was
recently tried in the U. s. court In Dead.
wood, is reproduced from the Deadwood
Pioneer Times, and given space in the
CHRONICLE on account of its special in
tersst to our local readers:
Gentlemen of the jury, the generosity
| of the government of the United States
In the timber laws which it has passed
| for the mining districts of the west, is
on scale commensurate with the great
ness of the government itself, and with
the needs of the great region to winch
these laws are made applicable. The
| first act of congress in regard to timber
upon the public lands, made it crime
| for any person to cut or remove any
| timber from those lands except for the
| benefit of the government in the con-
structon of its navy. That law was
pussed away back in 1888 before the
region west Of the Mississippi had been
opened up. When this great Rocky
Mountain mining country came to be
opened up, it was found that there were
vast districts of country covered with
timber, and which were Of no value for
agricultural purposes, but were valuable
solely as mining lands, and for the tim
Der that was growing upon them. That
timber was sorely needed in the natural
and legitimate development Of the cOun-
try where it was growing. There was
no way at that time, under the laws of
the government, by which the frontiers
men who were coming into the country
and settling it up, could obtain title to
that timber to any extent commensurate
with their needs, which provided, that
the bona fde residents Of the state and
territories of this mining region might
cut and remove for use in the state or
territory in which the timber was grow
ing, timber from the public lands for
certain specific purposes, those being
purposes for which timber was needed
in the legitimate and natural develop
ment of the country, namely, for build.
ing. mining, agricultural and other
domestic purposes. But that generous
bounty was one which opened the public
domain to the most serious dangers. 1t
was almost certain that the bounty of
the government would be seized upon
by spectators and trespassUrs 70 deN as
tate the public lands OF their timber for
uses which the government never in
tended. and therefore when the govern
ment made this generous grant, it ac-
companied it with the condition, that
;he timber should be cut subject to such
rules aud regulations as the secretary of
the inferior should promuleate, in order
to make sure that these timbers should
be used for the purposes which congress
I'M nt ha To-,
the carrying out ofthat plan, and under
the authority of the act Of congress, the
secretary of the interior promulgated a
system OF rules, and among them is a
rule which has been referred as rule
number 4, and / will read it to you.
Every owner or manager of a saw
mill, or other person, Telling or remoy.
Ing timber under the provisions Of this
act, shall keep a record of all timber 50
cut or removed, stating time when cut (;
names OF parties cutting the same, or in
charge of the work, ana describing the
Iand from whence cut by legal subdi-
visions if surveyed, and as near as
practicable il not surveyed, with state
ment and the athdaVits upon which ii is
claimed that the land is mineral in char
acter, and stating also the kind and
quantity OF lumber manufactured there
from; together with The names OF par
ties to whom any such timber or lum ber
is sold, dates ofthe sale, and the purpose
for which sold; and shall not sell or
dispose of such timber or lumber made
from such timber, without taking from
the purchaser written agreement that
the same shall not he used except for
building, agricultural, mining or other
domestic purposes, within the state or
territory; and every such purchaser
shall further be required to file wit h
said owner or manager certificate un
der oath that he purchases such timber
or lumber exclusively for his own use,
and for the purposes aforesaid"
That rule, gentlemen, is reasonable
rule. 1t was one which the secretary OF
the interior had right to make. 1t ID
none too drastic surely to meet the
emergency for which it was intended to
provide, and any person who cut timber
from the public domain or sold timber
cut from the public domain, in violation
of the provisions of that rule was guilty
of Il trespass, and converted the timber
so cut or sold, and was liable to the gov,
ernment for It's value.
But, gentlemen, wnat WAS the object
of that rule? 1t Was simply to make
sure that the timber cut from the public
domain should only be used for the pur.
poses provided in the act of congress
That was the object of the rule. Ii that
object Was accomplished, the entire ob
ject OF the rule was accomplished. Such
was the evident intent Of congress in the
act of 1891, which provided-that ii a
person who had cut timber in violation
of this rule could still show that the
timber had actually been used tor tho
purposes mentioned in the act of con
gress, and for those purposes only, then
| that would be a complete defense in al
action seeking to hold him liable for the
value Of the timber. The language o.
| the act is as follows:
THAT in any criminal prosecution ol
civi. action by the United States for /;
| trespass on such public timber lands, ol
to recover timber or lumber cut thereon
it shall be defense if tie defendant
shall show that the said timber was SC
cut or removed from the timber land.
for use in such state or territory, by {
resident thereof, for agricultural, min
! ing manufacturing or other domestic
purposes"
Now, gentlemen, under the law anG
the evidence in this case in arriving a
your verdict, you are required to answer
simply two questions. 1t is conceded
or at least established by the evidence
and the pleadings in this case that thu
defendant Reder cut or sold at least The
amount Of $4,000 feet Of lumber al
harged in the complaint. His defense
is first, that that lumber or a portion o
it. was cut from the lands of private in
dividnals; that is, lands which did no
belong to the government. Second tina
all the lumber which he cut was useC
TOR the legitimate purposes provided by
the act of congress. You will therefor,
answer these questions: