Lovelock tribune. (Lovelock, Nev.) 1898-1912, 1907-10-04
CASE IMPORTANT TO
NEVADA mine men
Right Of Claim owners to Cut Timber
for Sale Being Tested.
Arrested for Cutting Timber on Min
Ing Claim Within Forest Reserve
after Obtaining Permission
from Forestry Department.

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 a MN
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 complaint sworn out by a
member of the mining company and
his trial has been set for September
25. 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 miner shall
have the right to Il Q use of such
timber within his claim for mining
and domestic purposes subject to the
prescribed rules and regulations of
the department of the interior How
far the forestry department may step
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 legal determination of the point.
1t is we'll known fact that many So
called mining claims throughout the
state have been located for the pur-
pose of securing the timber and when
the land is denuded the locator aban-
dons his claim. The government is
determined to put stop to this; for
while it is recognized that the mining
industry should be encouraged and
the honest prospector given every
opportunity to develop his claim, it
has never been the policy of the law
to permit a ruthless cutting of timber
even from a so-called mining claim
for speculative and commercial pur-
poses.
United States Attorney Platt in
discussing the matter before his de-
parture, said:
"The law relative to the use of
timber upon mining claim has been
very often misconstrued and in many
instances its provisions grossly abus-
ed. Until a title in fee by United
States mineral patent has b.en se-
cured by the locator of mining
claim, or his grantee or grantees in
interest the government retains right
to the timber upon his claim. While
a possessory owner of a mining claim
performing every act required by the
law to hold and work his claim, is
for all practical purposes an owner
in fee. yet until he receives his pat
ent, the title to the land is in the
government and the right to the use
of timber thereon is subject to gov
ernmental regulation and control. If
it we're 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 INSCRIPTIONS
timber spectators. locating so-called
mining claims with no intention of
ever working them as such. On the
other hand the mere possessory own
er is simply encouraged to see 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 locat-
or the right to use timber growing
on government land which may be
adjacent to his claim, and which has
been shown to be mineral in charac-
ter and manifestly unfit for agricul-
tural or other purposes"
United States Attorney Samuel
a.