The Montgomery advertiser., 1906-11-17
MAY USE THE TIMBER
CONCESSIONS MADE TO ALABAMA
 M0MEsTEADHns.
Persons 0ppropriaafng Trees Blown Down By storm Wili Net Be Prosecuted, shys Land
 rartrr,faefoNer, tas

The vast quantity of timber swept down on governneft lands in South Alabama by the tropical hurricane of September 2s. may be dtsposed of by homesteaders.
 In answer to a petition forwarded the land office of the general com- missioner at washington several weeks ago, General Ta, D., Johnston. register in the local land office has received a letter from the department which, while 1t gives no authority for allows ing homesteaders Co convert the fel1ad timber to their own use, says that homesteaders dispoaing of such timber will not be prosecuted by the United states government for trespass. The letter in effect, authorizes the ieeal land office to allow homesteaders. who are living on their land and complying with the provisions of the law, 60 ap- poses
 General Johnston has already in- formed several inquiring homesteaders by mall of the permission granted by the department.
 The letter received by General John ston is as follows:
 s'Waahington, D. C., Nov. fo. 1sOs. Register and Receiver Montgomery,
 Alabama.
 'Sirs.-I have the registers letter of the 2nd.g uitimo, with which he en- closes one addressed to him by Eliza beth M 1senoir, asking permission to dispose of the down timber on her homestead entry No, 36.2e0, made Au- gust 30s 1904. Meridian, Alabama. fellsd by the storm that visited the Gulf States on September 2s. 1eg6.
 ''In reply. you are advised that while there IS no law that would authorize this office to grant the permission sought, I am of the opinion that if the entrywoman is complying with the law as regards residence, improvements and cultivation, with the Intention of making a permanent home and acquirs ing title to the land embraced in her entry, that in view of the holding in the case of Mary A. Maxfield @ LD., s3), and of Grubbs vs United States ti06 FIR, 314), she would not be gull ty of a aStrespass by disposing oE the timber in question.
 You will so advise her, and any others who may make inquiry or seek similar permission in the future.
 Very respectfully,
 "G. F. Pollock,
 'Assigtant Commissioner"
 gIt is a matter of great interest to the public. especially in the Southern part of the State.e said General John ston yesterday. Ito know what dispo- sition, if any, can be made of the large amount Of timber blown down on en-i tered lands.
 "A petition was filed by the local land oflce to the General Land once. asking permission to sell the timber and apply the proceeds in improve ments upon the homesteads. The com missioner responds. stating there is no law authorizing his office to grant such permission but. wherever the homesteaders are living upon their lands and complying with the provis- ions of the law. the United States gov- ernment would not prosecute such per- sons for disposing of this down timber. Tn the case of standing timber,- entry men making sale or same are liahle to indictment asy a. trespass upon goR-' ernment lands"
 The class of holiesteaders, who will receive the benefits Of the grant arc those who have npt Yer eonpi9ted their proof of homesteads IL is necessary for a homesteader to have resided on his lands five years before he acquires patent and secures all property and timber rights. Hence 1t was that q great number of such homesteaders, who had not been on their places i've years, were powerless to use timber blown down in front of their doors without first having received perTnis- sion from the government.
 Many complaints of such cases were received by the local land office from South Alabama.