The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-09-27
CASE IMPORTANT TO
NEVADA NINE MEN
RIGHT OF CLAIM OWNERS TO
CUT TIMBER FOR SALE
BEING TESTED.

United States Attorney Sam Platt
left last night for Manhattan under
special telegraphic instructions from
the attorney general of the United
States, says the Carson News, to in
vestigate the case of b. Nanini, ar
rested for cutting timber on min
ing claim belonging to the Gold Crest
Mining company.
The claims are within one of the
government forest reserves and the
forestry department gave Nanini per-
mission to cut the wood for domestic
purposes He was arrested for lar
ceny on a complaint sworn out by a
member of the mining company and
his trial has been set for September
%. The issues involved are of great
importance to the mining industry OF
the state and matters affecting the
preservation of timber on mineral
and government lands. 1t has been
generally conceded that a miner shall
have the right to the Use of such tim
Der within his claim for mining and
domestic purposes subject to the pre-
scribed rules and regulations OF
| the department of the interior. How
| far the forestry department may ster
! in to regulate this right to the use OF
the timber, is the interesting question
! involved in the Nanini case. 1t may
be that the government may institute
direct proceedings to secure a lega
determination of the point. 1t is 6
well known fact that many so-called
mining claims throughout the state
have been located for the purpose oil
| securing the timber and when the
land is denuded the locator abandons
his claim. The government is deter
mined to put stop to this; fol
while it is recognized that the mining
industry should be encouraged anC
the honest prospector given every OPP
portunity to develop his claim, it has
never been the policy of the law tC
permit ruthless cutting of timber
even from a sO-called mining claim
| for speculative and commercial pnr
| poses.
United States Attorney Plat in dis
cussing the matter before his depart
| IRE, said:
The law relative to the use OF
timber upon mining claim has beer
very often misconstrued and in many
instances its provisions grossly abus
ed Until a title in fee by United
States mineral patent has ben Sc
cured by the locator of mining
claim, or his grantee or grantees il
interest the government retain.
right to the timber upon his claim
While a possessory owner of a min
ing claim, performing every act re
qured by the law to hold and work
his claim, is for all practical purposes
an owner in fee, yet until he receives
his patent, the title to the land is il
the government and the right to the
use of timber thereon is subject tC
| governmental regulation and control
If it were not for this construction OF
the law every mining community
could be deprived of all right to the
use of timber for building and domes
tic purposes by a few unscrupulous
timber spectators, locating so-callet
mining claims with no intention OF
ever working them as such. On the
other hand the mere possessory own
er is simply encouraged to use what
ever timber upon his claim may be
necessary for legitimate development
| of his property Good faith is the
essential thing and when this is
shown the courts have even given the
| locator the right to use timber grow
| ing on government land which may
be adjacent to his claim, and which
| has been shown to be mineral iT
character and manifestly unfit for ag
ricultural or other purposes"