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

Amidon TO the jurors in the case Of 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 ths
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 a scale commensurate with the great
| ness of the government itself, and with
the needs Of the great region to which
these laws are made applicable. The
first act of congress in regard to timber
upon the public lands, made il q crime
for any person to cut or remove any
timber from those lands except for the
benefit Of the government in the con.
struction Of its navy. That law was
prssed away back in 1888 before the
region west Of the Mississippi had been
opened up When this great Rock V
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 i'm 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
~ b.. In INT
and settling ii mp, could obtain title 10
that timber to any extent commensurate
with their needs, which provided, that
the bona tide 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 10 dei as
tate the public lands OF their timber for
uses which the government never in
tended. and therefore when the govern
msnt made this generous grant, it ac-
companied it with the condition, that
he timber should be cut subject 10 such
rules and 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
intended, and for no other purposes. In
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
nuu1bsr 4. and ~in r-ssal q, a.. y@ss-. ----
Every owner or manager OF a saw
mill, or other person, Telling or remoy-
Ing timber under the provisions OF this
act, shall keep record Of all timber so
cut or removed, stating time when cut ;
names Of parties cutting the same, or in
charge of the work, anu describing the
iann from whence cut by legal subdi.
visions II surveyed. and as near as
practicable II not surveyed, with state
ment and the atiidapits upon which il is
claimed that the land Is mineral ia char
acter, and stating also the kind and
quantity OF lumber manufactured there
trom; together with the names OF par
ties TO Whom any such timber or lumber
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; aud every such purchaser
shall further be- required to tie wit
said owner or manager u certificate un
der oath shat he purchases such timber
or lumber exclusively for his own use
and tor the purposes aforesaid"
That rule, gentlemen, is u reasonable
| rule. IL was one which the secretary oi
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 cnt timber
| from the public domain or sold timber
cut from the public domain, in violation
of the provisions of that rule was guilty
of trespass. and converted the timber
so cut or sold. and Vas liable TO the gov
eminent for It's value.
But, gentlemen, wnat was the objsc
of that rule? 1t Was simply To MAKE
sure that tie 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. III that
object was accomplished, the entire ob
ljeet OF the rule was accomplished. Suci
WAS the evident intent of congress in TIA,
act of 1891, which provided-that ii ,
person who had cut timber in violation
of this rule could still show that tn,
timber had actually been used for Tia,
purposes mentioned in the act of con
gress, and for those purposes only, thel
that would be complete defense in al
action seeking to hold him liable for tn,
value Of the timber. The language o
the ACT is as follows:
THAT in any criminal prosecution o
civi. action by the United States for
trespass on such public timber lands, q
TO recover timber or lumber cut thereon
il shall be a defense il the defrndail
shall show that the said timber was s.
cut or removed from the timber land
for use in such state or territory, by
resident thereof, for agricultural, min
ing, manufacturing or other domesti
purposes"
Now. gentlemen, under the law an,
the evidence in this case in arriving a
your verdict. you are required to answe
simply two Questions. Ii is conce led
or at least established by the evidene
J aud the pleadings in this case that tn
, defendant Reder cut or sold at least tn
amount Of $4,000 feet of lumber a
harged in the complaint. His deiens
il FIRST. that that lumber or a portion o
il. was cut from the lands Of private ia
, dividnals; that Is. lands which did no
belong to the government. Second tina
all the lumber which he cut was nse
tpr the legitimate purposes provided b
the act OF congress. You will therefor
: answer these questions:
u First: Was the timber from whic
The lumber sold nv Mr. Reder was m al,