The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-11-20
ADVICE TO
LESSEES IN
OKLAHOMA
Board Gives Valuable Pointers
on Cutting of Timber,
ALSO ON IMPROVEMENTS
Statehood and Its Effect on
the Matter.
ALSO ON IMPROVEMENTS

The cutting Of timber on lands leased
by the territory ana the proper method
of preventing the destruction OF timber
and yet allowing the improvement Of
the land. SO that it may be more pro
6uctive. continues to be a source Of an
noyanee 10 and matter requiring much
consideration by the board.
Original Rules.
In the first place, il must be remem-
bered that the rented lands do not belong
TO the territory but are United States
reserved lan0s subject to all United
States laws; congress, however. by its
acts created a hoard OF commission and
gave it the power to lease the land and
collect rental therefor under direction of
the secretary OF the interie- The ORTIZ
nal rules laid down by the secretary Of
the interior do not mention the matter
of timber cutting. but the form Of lease
approved by the secretary contains a
clause wherein the lessee binds himself
not to cut or permit 10 be cut. or re-
move or permit TO De removed. any tim
ber and this clause has been In all leases.
Neither any secretary of the interior.
former governor, board nor secretary OF
the board, has authorized the cutting OF
timber as on these lands.
B. T. Hainer. former secretary of the
board, (now associate justice OF this ter
ritory). in his digest Of the laws and rules
governing the leasing or scnool land pub
lished in 1898. states that no timber can
be cut on these lands. Governor Seay
in his proclamation offering the school
lands in the Sac-and-Fox country for
lease, specifies that no timber cutting
will be allowed on the lands.
1t therefore follows that every lessee
who has cut timber or permitted it to be
cut. has directly violated the United
States laws and violated the terms OF his
lease contract and is subject 10 have his
lease Cancelled and to be prosecuted.
increase Of Timber Cutting.
Subsequently. however. 1t seems that
gradually, little by little. the custom Of
timber cutting grew until we find In the
rules adopted in 1899. two references to
this subject as follows:
Rule 12.-No person shall be permitted
to- cut any valuable timber on said land
or quarry any stone or minerals there
from except such as may be necessary
for and actually used for improvements
on said lands or for fuel to be used on the
premises. Warning: Complaints fire.
qUently reach the Office that lessees are
cutting saw-logs and giving the mills
one-half the lumber in payment for saw
ing. This is q fragrant violation OF the
conditions Of their contract and the sum
mary cancellation Of lease Will be made
in case where such charges are fully es-
tablished-"
Also a part of rule % az follows:
Rule 20.-Any lessee. may, at the term
ination Of his lease. remove any OF ali
OF his Improvements excepting improve
ments that were made from material OBJ
tanned from the land which shall be
deemed to be part OF the land. and shall
revert to the territory at the expiration
Of the lease and shall not be removed
from the premises.
These rules while not giving direct per-
mission. would seem 20 remove in part
the prohibition Of timber cutting, but the
lease contract still always contained the
direct agreement not 20 cut or remove;
the custom seems TO have grown one
lessee going little further than another
Until in July 1901. the board found that
the iessees were taking things entirely IN
their own hands IN regard 20 cutting
timber claiming the right % cut where
they pleased. regarding no authority q
the United States or Of the board % pre-
vent them. fragrant and Wfiifui violatoTs /.
went further and mills were running On I.
lands making lumber from logs cuIed +
promiscuousiy from the best groves. the
best trees were being selected from the f
land from which posts were being made. +
untilable Lard was often cenuded q tim
Der. a systematic business was carried /
on IN cord-wood. cedar and walnut logs 4
were being sold or perhaps stolen and +
lessces not held responsible
Territory 70 Own improvements.
Under rule q above quoted. the terri 4
tory wass imposed 10 b. obtaining owner
ship or partnership interest in ;he
improvements. fences, houses etc on the
lands yet when the appraisers visited the
lands the lassees sclsir1ed All improve
ments and fl was Impossible 20 detsrrvine.
wha, belonged % the Iezseea ard iEhat +
20 the tsrritory.
Obliged 70 Charge Policy.
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sistent vtfh rs authority as ucuie en-