Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-07
TIMBER ON PUBLIC LANDS.


We have received inquiries concern
ing the cutting and removal Of timber
on government lands, and also as to
whether citizens Of Utah would be La
bic to prosecution for purchasing tim
Der In Idaho and conveying It into this
state. In reply to these questions, we
have received some information
through the courtesy Of Special Agent
John $. stldger, by which we are able
to make the following replies:
Question lean Utah citizens &c
into Idaho or other neighboring states
and cut timber on government land and
haul ii into Utah?"
See act of June 3, 1873. chap. $50 %
Stat, p. 49, This is known as the
Mineral act" and the following reg
ulatlon- circular. Aug. s. 1856, issued by
the honorable commissioner Of the gem
eral land Office, answers the question
fully:
%, No person not a citizen or bona
fde resident Of a State, Territory, or
other mineral district. provided for IN
said act, is permitted 70 fell. or remove
timber from mineral lands therein.
And no person, firm, or corporation
Telling or removing timber under this
act shall sell or dispose Of the same,
or the lumber manufactured therefrom
TO any other than citizens and bona fde
residents OF the State or Territory
where such timber Is cut, nor for any
other purpose than for the legitimate
use OF said purchaser for the purposes
mentioned in said act"
For cutting timber on non mineral
public lands, see act Of March g. 1884,
(26 stat, D. 93, and act OF February
H. 1898 (27 Stat, p. 40. See also
circular of March II, 1898:
Rules and regulations governing the
use Of timber on non-mineral public
lands under act Of March 3, 1891"
paragraph 3rd reads as follows:
g. Settlers upon public lands and
other residents OF the States and Terri.
tories who have not a sufficient supply
OF timber on their own claims or
farms for use thereon for such domes-
tic purposes as fire wood, fencing, or
building purposes, OF for necessary use
in developing the mineral and other
natural resources OF the lands owned
or occupied by them, may procure tim
Der free OF charge, from unoccupled
unreseryed, non-mlneral public lands
within said States or Territories. strict
~ for use on their own claims or lands
therein for the purpose enumerated In
this section (but not for sale or dis
p0sal nor for use on other lands or
by other persons. nor for export from
the state or Territory where procured.
TO an extent not exceeding, In stump
age valuation, 500 in any one year"
These regulations further state that
ut was not the intention OF Congress
to authorize the taking Of timber from
public lands to serve as an article Of
merchandise or traffic whereby profits
might be secured"
Question 2-"Can a citizen Of Utah
buy timber in Idaho or can that State
prosecute him for using timber thus ac-
quired?'
To this the agent replies that while
he is no; acquainted with the laws that
govern this matter, under the authority
Of the several States and Territories, he
Is sure that the general government has
the exclusive right TO control its own
timber and regulate its commerce be-
tween the States.
In addition 10 the foregoing. we are
able through the kindness Of the land
office authorities In this city, to present
the following rules and regulations is
sued by the Acting Commissioner, Jan.
18th, 1900, from the Department Of the
Interior, Washington, d. c. These rules
are prescribed by virtue OF the act Of
Congress Of June Ord. 1878. We think
this Will entirely cover the ground Of
the questions asked Of us on this sub
ject.
]. The act applies 10 the States OF !
Colorado, Nevada. Montana Idaho. |
Wyoming, North Dakota, South Da- |
kOia, and Utah, and the Territories OF |
New Mexico and Arizona, and An other |
mineral districts Of the United States.
2. The land from which timber may |
be felled or removed under the provis- |
Ions Of this act. must be known to be Of |
strictly mineral character and mot |
subject TO entry under existing laws Of |
the United States except for mineral |
entry" Parties who take timber from /
the public lands under assumed author.
Ity OF this act muct stand prepared 10
show that their acts are within the
prescribed terms Of the law granting
such privilege, the burden being on
such parties Of proving by a prepon-
lerance Of evidence that the land from
which the timber Is taken Is mineral"
within the meaning OF the act.
3. The privileges granted are confined
10 citizens OF the United States and
other persons. bona fide residents OF the
States. Territories and other mineral |
districts. provided for In the act.
I. The uses for which timber may be
'elled or removed are limited By the
wording Of the act to building, agrl-
mining, or other domestic pur-
)oses.'
5. No timber Is permitted 10 be felled
" removed for purposes Of sale or traf.
ic. or 10 manufacture the same into
lumber or other timber product as an
-rticle OF merchandise. or for any other
Use whatsoever. except as defined IN ]