, 1906-11-22
TIMBER AND STONE ACT.

There appears to be some mlsappre
hension among ranchmen as to the
kind of land that may be legally taken
under the timber and ton act. The
proof to be made requires that 1t shall
| be shown that the land is most yalu-
able for its timber and stone or for
its timber or stone. This value must
be shown as a present fact. and
chiefly valuable for grazing purposes
or because of water holes upon the
land are not such lands as may be le-
gally entered under this law. 1t has
been held by the courts that public
lands of whatsoever character must be
taken for the purposes of the act under
which they are entered, For instance
homesteads must be made for the pur-
poes of residence and cultivation; des-
ert entries must be made for the pur-
pose of irrigating and reciaiming the
land; coal entries for the purpose OF
mining coal; mineral entries for the
purpose of mining precious metals OF
other materials coming under the min
eral laws; and timber and stone entries
foI the purpose of securing title to tim
Der or stone lands. Lands other than
timber and stone lands coming within
the meaning of this act for which title
has been secured in a fraudulent a
ner may give the owners considerable
trouble. Having secured patent
through perjury and fraud, the title
may be set aside within a certain mum
Der of years and the money paid by
the claimant confiscated.
Lands may contain vast quarries OF
stone and yet be so far from market
as to be actually without value as
stone lands. Such lands do not come
within the meaning of the law and it is
perjury for men to make proof upon
such lands, swearing that they are
more valuable for stone than any other
purpose, when they know that the chief
use of the land for grazing purposes.
1t, does not help the case of the pur-
chaser to say to himself and others
that the government is getting full
value when 1t receives $3.50 per acre
for its wild grazing lands. That is not
the question at issue, The point is
whether the lands chief value is in its
timber or stone.
There is another feature of the tim
Der and stone act not generally under
stood by land owners and that is the
provision working a forfeiture of the
purchase money in case of fraud. Reg
listers and receivers are instructed to
exercise great care in passing upon
such entries N if in their judgment
the proof on its face bears evidence of
fraud, it becomes their duty to suspend
the same and transmit it to the general
land office for investigation through
the special service of the government.
Ii it is found to be fraudulent, then
the money is covered into the United
States treasury. This provision of the
law ought in itself to prevent people
from making anything but legitimate
filings under this act.
1t has recently been ruled by the sec
rotary of the interior that parties own
ing 320 acres of land are not entitled
to the benefits of the timber and stone
act. The act under which this de-
pgrtmental ruling was made is that of
August 80. 1890, restricting the amount
of land that may be taken under agri-
cultural laws by any individual to 800
acres.
Life is too short and land in Wyo-
ming is too cheap for people to perjure
themselves and cast the shadow of the
pe%nitentiary across their paths for 100
acres of wild, unbroken land. Stand
by the law.