The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-11-13
LAND LAWS.
Suggestions as to the Improves
ment of Timber and Stone Laws.

Tile Duluth News Tribune in a very
able editorial rocentfy had something
TO say reas riding The timber and stone
laws. We. think lie article is of in
terest and herewith reproduce the
same. Among other things the Fri
bune says:
Ever so often it would appear
that, regardless Of the partisan com
plexion OF the administration at
Washington. high moral wave seems
n to enguf the general land Office, born
possibly of some legitimate protest
but more likely largely of some other
inscrutabe physiological reason, and
a general shake up all along the line
results Usually the big birds
who have already featlered their
nests. go unscathed, and the
few that are caught are relatively
innocent.
."Ehus in 1883, Governor Marshall,
as the first special agent of The general
I land office in Mtnnesota. descended
upon Duluth. At that time the pre-
empliom law Was in force. and the
matter of "hiringo pre-emptors, if
technically a c, imillal violation of the
law, and by long usage come to be re-
garded as practically legitimate and
was conducted openly. Many are the
baronial estates aifd fortunes of the
lumbermen of that day had their in
ception in this practice and inciden-
1 tally in more or lets wholesale tress-
pass ON the side. But be tlfiS lis it
may Governor Marshall's unexpected
descent resulted-inil great coup, for a
large number OF prominent Duluth
| go, ri,f 4
4 A sort of general compromise was
however, effected on the promise to
.'sin no more ano while numerous
indictments were found, they were
All finally dismissed. It was always
supposed that the jealousy of Min
neapolis lumbermen, who had awak-
ened to the opportunity too late to
get the cream. was at the bottom of
The then "moral wave"
I'm 1893 there was another spas
modic movement and ii conviction or
two resulted, though the general re-
suit was not important Now in 1903
we have another periodical agitation
and the first OF the trials has resulted
i'm the generally anticipated acquittal
of the defendant. while the cases yet
to follow are quite universally expect
ed to end in the'same way.
''There is apparently Il screw loose
somewhere. What is it? 1t has been
suggested in some quarters that The
timber and stone. act which, in Il
manner superseded the presumption
| Llaw and under Which the latter day
entries have been n;lde. should be re-
II Dealed, that it is simply an induce
meEt to fraud and exists to no good
present purpose. Investigation, how
ever, appears to Indicate that there
is no sound foundation for such claim
and that the movement to repeal en-
anateS from and is largely in the in
terest of certain large corporate in
terests that have axes to grind and are
prepared to scrip" the land in large
bodies. that is thus removed beyond
the reach of the general public. The
ieXtenslOn ofthe forestry laws TO large
tracts of government land have also
been looked upon with suspicion as
having a similar ultimate ulteror
motive.
The timber and stone act, as it
stands, may in some cases have been
fraudulently perverted; ibut. in the
/ main, its operation has been most
wholesome for the general public. for.
the poorer and middle classes of the
people. Thousands of these have
made entries under this act and have
thereby acquired Il modest and whole
some competency. Innumerable homes
Throughout the portions of the cOun-
try where government land exists
subject to such entry, have been paid
for or freed from mortgage incum-
brance out of the ultimate profits of.
/ such entries. Much sound economic
good has resulted to the country from
the operation of this act. -.
+ $40 repeal the law, therefore. would
be an act of folly. 1t might, however.
be broaaened by amendment. The
required denial under oath, by the
applicant. of any contract or agree
ment by which title was to be ac-
Equired "for tile benefit of any per-
son except himself" might well be
RETAINED, in furtheranCe of the true
Esprit and intent of the law that the
benefits should flow to the applicants;
but provision. that a bona-tides pre-
IeXisting agreement to, mortgage the
Hand Should not be included in this
Inhibition. might be IL wholesome
addition. The provision in the pre-
sent law. that the applicant 'does
not apply TO purchase the same on
Speculation. is uncalled for and UNI
wise. No one, in sane mind, would
make IL timber and stone entry who
did not expect to make an ultimate
profit out of the transaction. In the
language of the statute every, Such
Iperson would be barred from making
such an entry. The provision, 50
I'fidiculuous on its face, has, it is
true, been construed as applying
only to prior understanding or agree
ment to sell. but it leares an open
ing for arbitrary and Matchmaking
action and it should be repealed.
/ The provisions of the act should
likewise be extended to Alaska and
our insular possessions.
while we are reforming the law.
perhaps it will not be amiss to pay
somewhat closer attention to the
manner of its application. One man
of extended experience in land office
business recently advised client that
if lie contemplated an entry under the
act in question he should prepare his
tank account with sufficient surplus
to grease the Wheels" He made
; the broad statement, that many OF