Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1898-05-27
Circular,
DEPART OF TEE INTERIOR,
General Land Office.

prescribed:
/. The act, so far as it relates to tim
Der on public lands, as extended by the
act of February Is, 1893 ~ Stat. 44D,
applies only to the States Of Colorado,
Montana, Idaho, North Dakota, South
Dakota, Wyoming, Nevada, and Utah,
the territories of Arizona and New Mex
leo and the District of Alaska.
The following rules and regulations do
not apply to the District of Alaska, for
which rules and regulations are pres
cribed in separate circular.
3. The intention Of the act is to enable
upon public lands and other residents
within the States and Territories aboye
named who have not sufficient supply
of timber on their own claims or farms
for use thereon for domestic purposes
and who are unable to procure the
needed timber from private lands under
other authority of law, to secure from
| public lands, for said purposes, timber
to supply their immediate and pressing
wants.
Such being the case, it was not the
intention of congress to authorize the
taking of timber from public lands in
said States and Territories to serve as an
article of merchandise and traffic, where
by profits might be secured, not only
from the labor bestowed in handling the
timber, but by charging for the timber
itself, after obtaining the same free of
cost from the Government; which would
practically open door for speculation
in public timber, resulting in the holders
of permits being in a position to prevent
competition and virtually control the
market for timber in their localities.
3. Settlers upon public lands and
other residents of the States and Terri
tories above named who have not a
sufficient supply Of timber on their own
claims or farms for use thereon for
such domestic purposes as tlrewood,
fencing, or bnilding purposes, or for
necessary use in developing the mineral
and other natural resources Of the lands
owned or occupied by them, may pro-
cure timber, free Of charge, from unoc-
cupied, unreseryed, non-mineral public
lands within said States and Territories
strictly for use on their own claims or
lands therein for the purposes ennum-
Grated in this section (but not for sale
or disposal, nor for use on other lands
or bv other persons, nor for export from
the State or Territory where procured)
to an extent not exceeding, in stumpaga
valuation, 500 in any one year.
It is not necessary to secure permls-
sion from the Department to take tim
Der from public lands as above allowed.
The exercise of such privilege is how
ever. subject at all times to supervision
by the Department. with view to re-
striction or prohibition, if deemed nee
essary.
!. In cases in which the parties need
inc the timber are not in a position tc
procure it from the public lands them
selves, it is allowable for them to secure
the cutting, removing, saving, or other
manufacture of the timber through the
medium of others, agreeing with the
parties thus acting as their agents direct
in taking or otherwise handling the tim
Der, that they shall be paid reasonable
amount to cover their time and labor
expended and all legitimate expenses
incurred in connection there with, eX
elusive of any charge for the timber
itself
5. The uses specified in section 8 o
these rules and regulations constitute
the only purposes for which timber ma!
be taken, free of charge, from publi
lands i'm said States and Territories
under this act.
6. The cutting and removing Of tim
Der, free of charge, under said act
March 8, 1891, is confined to unreserved
unoccupied, non-mineral public lands
in the States and Territories name'
therein, inasmuch as the act specifically
provides that the same shall not operat
to repeal the act of June 9, 1878 (Stat
SS), which makes provision, in Sal
States and Territories, for the free cut
: ting of timber on public lands that ar
, known to be of strictly mineral chan
acter.
5 +. 1t is further provided in said &C
of March 3, 1891, that "nothing herel
contained shall operate to enlarge tn
rights of any railway company to Gu
timber on the public domain" Conse
quently, no timber may be taken there
under from public lands for use by an
railroad company.
; S. In order, however, that sufficler
, public timber may be placed upon tn
{ home market in said States and TER
2 tories. for all legitimate purposes
l trade, to such Il reasonable extent
t shall meet existing emergencies in tn
matter of demand therefor. sales of tin
Der on the unreserved lands, in genera
mineral and non-mineral, IN said State
!. and Territories, may be directed by tn
= Department from time to time.
The sale Of timber is optional, and tn
Secretary may exercise his discretion
all times as to the necessity or desirable
I ty of any sale.
I 8. While sales of timber may be d
!, rected by the Department without pr
vious request from private individuals pr
titions from responsible persons for til
}. sale of timber in particular localities wi
: be considered Such petitions mu
describe the land upon which the tin
Der stands by legal subdivisions, if su
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