Elk City mining news. (Elk City, Idaho) 1903-1913, 1906-03-17
SALE OF TIMBER By FORESTRY
BUREAU.

have been called to our attention re-
ports to the effect that the forestry
bureau under the supervision of Forester
Pinchot would take steps to sell certain
merchantable kinds of timber standing
within the forest reserves within the
state of Idaho. That this timber would
be sold to purchasers within the
state of Idaho. The first fact of this
kind brought. to our knowledge was to
the effect that bids would be called for
the sale of timber from the Bear Lake
forest reserve -
We are not informed as to whether or
not any timber within the Idaho forest
reserves has been sold by the forestry
department, but if there is any prob
ability of such timber being sold the
people of the state of Idaho should be
appraised of the fact that there is no
power in the hands of the forestry de-
partment to so dispose of any timber,
merchantable or otherwise, standing
within the forest reserves of this state.
We surnise that the forester based
his right to sell such timber under the
provisions of the section of that act
entitled "a act making appropriations
for the department of agriculture for
the fiscal year ending June 80, 1906,
approved March 3, 1905, which said
section makes an appropriation for the
expenses of the forestry department
and among other things says: "And the
secretary of agriculture may in his dis
erection permit timber and other forest
products cut or removed from the for
est reserves of the United States, ex-
cept the Black Hills forest reserve in
South Dakota and the forests in Idaho,
to be exported from the state, territory
or district of Alaska in which said re-
serves are respectively situated. :. p
This is the only law in existence en-
towering the forestry bureau, which is
a bureau in the department of agricul-
ture, and therefore under the secretary
of agriculture, to cut or remove for the
purpose of disposal by sale or otherwise
timber within forest reserves.
The bureau of forestry clearly mis-
interprets this provision if it construes
it as giving any power to any depart
ment of the government to sell timber
from the forest reserves in Idaho. Some
people seem to think that such timber
can be sold if it is not sold for export
but is sold to purchasers within the
state for domestic use Such, however
is not the intent of the act The Law
does not affect in any way the state o:
Idaho, and the government has no NOR,
right today to sell timber in Idaho
either for export or domestic use, thai
it had before the enactment of the Law
above referred to.
The authority under which the exec
utive department of the government
creates forest reserves in the Unite,
States is pursuant to the act of congress
approved March 3, 1891, entitled GA
act to repeal timber culture laws am
for other purposes Section "a of tn
act is the clause which confers upon tn
president the power to create fores
reserv es, and reads, as, follows;
Sec ton "a That the president o
the United States may from time t
time set apart and reserve in any stat
or territory having public land bearin
forests, in any part of the public land
wholly or in part covered with tirnbe
or underground, whether of commerce;
value or not, as public reservations
and the president shall, by public proc
lamation, declare the establishment c
such reservations and limits thereof
There is nothing in the provisions
this act which grants any power to til
president beyond that of ''creating
forest reserves.
When this act was passed by congres
which gave the president power to or.
ate forest reserves, it was the unde
standing of the people of this countl
that the object of the law was to pr,
serve the forests of the country as the
exist in order that future generation
might reap the benefits resulting fro
the existence of forests and the prote
ton of the Watersheds which furnis
moisture to the lower lands and valley
thereby assuring fertility and produ
tiveness of the SOIL 1t was. not anti
ipated that the government. of Il
United States should establish anapaf
aent of government which sEould laun,
forth into the lumber busiress.
1t demands but little comprehend