, 1908-01-17
TIMBER
CUTTING
IMPORTANT LETTERS CONCERN.
ING MATTER PASSING BE-
TWEEN CONGRESSMAN
AND COMMISSIONER.
Representative MondeiI Informed by
Mr.. BalIinger That Van Ortwick
Case Be Closed, Latter Being Only
Technically Guilty and Special
Agent Somewhat at Fault-lnter-
esting at This Time,

GSllIlQ dI thio INV
The following letters relative to the
timber cutting cases in the northern
part of this county, which has attract
ed some attention during the past few
days, will be of interest to the people
of Laramie and Albany County at this
time.
Mondell's Letter.
House of Representatives U. s., Com
mittee on the Public Lands, Washing
ton, d. c., January IA, 1908.
Hon. w. e. Chaplin, Cheyenne, Wyo.
My Dear Chaplin:-For your infor'
nation l am handing you herewith a
copy of a letter which l have just re-
ceived from the commissioner of the
general land Office relative to alleged
timber trespass in the vicinity Of
Wheatland, in which case the secre
tary has followed my recommendation
that, inasmuch as it was clear that
the only fault of the users of timber
was that they had failed, in some
cases, at least, to appoint the mill man
their agent in getting out timber and
cutting lumber, and in view of the fact
that the lumber was all used for the
purposes contemplated by the free use
act, no further action should be taken
against them. Very truly,
F. w. MONDELL.
Commissioners Letter.
n,r,,,,,o, 80 tla Intarinr CnDnr01
Land Office, Washington, D. c., Jan
uary 10, 1908.
Hon. F. w. Mondell, House of Repre-
sentatives, Washington, d. c.
Sir:-I am in recent Of your favor
of the Goth ultimo, transmitting a conf
munication to you from w. w. Wolfe
of Wheatland, Wyoming. Mr.. Wolfe
forwards the resolutions adopted by
the Farmers Cooperative Association
of W%heatland, wherein they set forth
that certain demands have been made
upon settlers in that vicinity for the
settlement of timber alleged to have
been cut in trespass by one G. G. Van
Ortwick.
Guilty of Technical T~respass.
| have given careful consideration
to the report submitted by the special
agents and | find that VanOrtwick is
guilty of a technical trespass in the
cutting of this timber, and that under
the rules prevailing in this office the
| special agents were within the line OF
their duty in calling upon the pur'
chasers to submit propositions of set
Element.
Extenuating Circumstances.
| find, however, by gong into the
report in detail that the particular cir
cumstances which make VanOrtwick
liable to the purchasers is that he fail
ed to make application for or secure 0
permit under the circular of February
10 1900. Section 4 of that circular
provides that where the person cutting
the timber requires more than $50
stumpage value in any one year, either
for himself Or for himself n others.
he shall procure a permit from the de
partment. This, Mr.. Wolfe failed to do
Not Extensive Cutting.
The cutting, however, is not an ok
~tensive one, covering somewhat less
than 900, 600 feet and extending over q
period of practically three years.
Hence, it follows that Mr.. VanOr.-
wick's liability in the premises rests
upon the agents conclusion that the
timber is of a stumpage value of $1.5O
per thousand. It appears also that
certain special agents formerly in the
service in wyoming had enormously
advised Mr.. VanOrtwick in the prem
ises.. It also appears from other re-
ports and files in the record of this Of
fee that agents reporting upon the
value of timber in Wyoming during
the early part of the period covered
by this cutting have placed the stump
age value at considerably less than
$1.5O, although it is the conviction CT
this Office that S1.5O is a fair stump.
age at the present time.
Case to Be Closed.
In view of all these circumstances
and the office further finding that no
one citizen received more than $4,000
feet of lumber from the amount cut by
Mr.. VanOrtwick, and the timber hav-
ing been all used for the purposes con
templated by the act Of March 3, 1891,
1 have requested Special Agent Baker to
close the case, in so far as the purchas.
ers from VanOrtwick are concerned,
and take no further action in the
premises.
Acts Must Be Compiled With.
1 should be pleased, however, If you
will advise Mr.. Wolfe and the Farmers
Cooperative association, which he rep
%resents. that the regulations promul'
gated by the department and authoriz-
ed by the acts of congress must be
complied with, and that a further fail
-..- LII Hasa rnn,,ln4inna