Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1898-02-19

the governments, were government
lands 1t matters not that lands may
| have been entered at the land Office by
the claimant, or that the claimant may
have made final proof of this action, oil
lands are government lands until the
patent is actually issued by the govern
ment. The burden Of proving that the
! timber from which the lumber in ques-
ton was made was cut from government
land, is upon the government itself It
| il bound 10 establish that fact bv pre-
ponderance Of the evidence, and if you
shall find from the evidence that any Of
the lumber in question was cut from
! private lands, as 10 that lumber you will
! find in favor Of the defendant. That.
gentlemen. is the first question. Was the
timber from which the lumber in ques-
ton was made, cut from government
| landP
The second question is this: If you
| find from the evidence that the timber
! in question was cot from government
! land, you will then ass ourseU whether
such timber was us-i in the state oi
South Dakota by residents thereof for
agricultural, mining manufacturing or
domestic purposes. II il was, you will
! find in favor Of the defendant Bot If
you lind that any Of the timber IN ques-
! ton Was cut from government land was
not SO used, as TO that timber you will
find in favor Of the plaintiff, and will
assess the plaintiff damages at the fair
market value of such timber or lumber
at the time and place At which the same
vas sold by the defendant, and bring in
verdict in favor Of the plaintiff for that
amount; but In no case 10 exceed the
SUN Of %, 10000.
The burden OF proving that timber cut
from government and Was used in the
State of South DAKOTA, by residents of
the State of South Dako,a, for agricul
tursI, mining, manufacturing or domes-
tic purposes, is upon the defendant, and
if he fails 10 establish that fact by pre-.
ponderence of the evidence, as TO any
timber cut from government land, as TO
that timber you will find in favor Of the
plaintiff.
There is no question In this case that
the defendant sold lumber TO the amount
Of $4,000 feet Hi defense is, ~ That
portion Of the timber, at least, was cut
from private property. % That all
lumber made from timber cut from gov
ernment land was actually used for the
purposes allowed by the statute, namely,
for agricultural, mining, manufacturing
or domestic purposes.
Ii you are satisfied from the evidence
that the timber was in fact cut from
government land, and that the lumber,
or some part thereof, made from the
timber was not actually used for the
purposes allowed By the statute, then as
TO all such lumber you will find in favor
of the plaintiff, ana fix its value at It's
fair market value az the time and place
at which it Was sold by the defendant.
Ii YOU find from the evidence that the
defendant in this case sold lumber
which was made from timber cut from
the government land, then In order TO
find ia favor OF the defendant as 10 that
lumber, you must find three facts: First,
that il was actually used in the state of
used by residents of the state Of South
Dakota, and thirdly, that it was used for
the purpose of agriculture, mining,
manufacturing or other domestic uses.
All three Of those facts must be estab-
lished AS to that lumber to warrant You
in finding in favor of the defendant az
to any such lumber. For example, if
YOU find that any lumber cut from the
public domain and sold by the defend.
ant. was used outside OF the State Of
South Dakota, as to all that lumber he is
liable in this action for its fair market
value.
Gentlemen, you will take this case
and dispose Of il according TO the law
and the evidence. The fact that the
defendant is an old resideat Of the Black
Hills, or that the government Of the
United States is rich and has great
q nF 20 kph hnl i'm IN ~
The interest of the government in this
case is the interest of every resident OF
| the Black Hills country All the timber
that is here is needed in the develop
ment of the country for the uses and
purposes mentioned in the statute. and
| il is OF the highest Importance that 1t
shall not be wroDgfnlly misapplied by
persons dealing in it for speculative
purposes. I say this. gentlemen, with
| out in the least intimating that the de-
| fendant is such per on, or that he has
| in any way violated the law, but men
ton it for the sole purpose of directing
! your attention to the importance OF a
] Just, fearless and impartial administra-
| ton of these timber laws.
1t has been suggested that tie de.
| fendant i'm this case may he preludiced
| against the persons to whom he NAV
have sold timber. in such case you find
he has sold timber Gentlemen,
charge you that is wholly immaterial in
the first place. and in the second place
that ne would have bo such right OF
action, IL you find that he wrongfully
disposed Of this timber. Ifother people
have assisted or aided him in any OF
this wrongful business in case you ind
he has been guilty Of any wrong, he has
no right of contribution from them.
The law does not compel contribution
among wrong doers.
Take the case. gentlemen, and decide
IL as Won have sworn To do. fairly ard
impartially. according to the evidence
and The law as given TO you by the
conrt.
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