Gilpin observer., 1909-05-20

of the very conditions we are seeking
to avoid. No plan which multiplies
the chances for trouble can In the
end be satisfactory.
But the act of June 4, 1897. con-
tains a provision which authorizes the
forest service to grant free-use per-
mits to miners, and / believe that the
necessary immediate relief can be
given by liberal administrator of
that portion of the act.
| "The holder of a mining claim in
National forest has the right to take
| timber from that claim for use there
on, or elsewhere, if such timber is
used for the development of the claim
rom which it is cut. The regulations
and instructions of the Forest Service
| (pages 70-75, Use Book of 1909 con-
corning the free use OF timber on Ma
| tional Forests provide that timber
to the amount of $40 in value can be
secured from a ranger, and super
visor can grant free use to $1OO in
value. And since the district forres-
ter on December /, 1908, became in
vested with the powers given the for
ester of regulation No. %, such dis
trict forester may now grant free
use when necessary for amounts in
excess of $4,000.
The service desires that men en-
gagged in prospecting or developing
mining claims in the National For
5sts should have liberal free use of
timber from the forests, if the timber
On any claim is not sufficient for its
development, SO long as it is a pros
pect and not a producing mine When
prospect becomes mine and begins
% produce ore, it is then a CONNER
cial enterprise and no more entitled
20 free use of government timber
than any other business. This policy
will be followed in the administration
of the National Forests, and a conven
iently accessible and permanent sup
ply of timber for mining will be pro-
vided whenever practicable.
Il believe that the free-use regula-
tions of the Forest service can be
improved, and for that purpose l will
at once issue the following additional
Instructions:
I'm granting free-use permits, for
est officers should make every effort
to provide, without unfairness to
other interests entitled to considera-
tion, and without injury to the forest,
that no prospector or miner working
for the preliminary development or
exploration of his claim shall be de-
MED the free use of timber needed
and suitable for these purposes with
in reasonable limits, if there is not
upon the claim to be developed a suf.
aicient amohnt of timber for such
uses. Care should also be taken to
avoid the marking for use under
] free-use permit of any timber which
cannot be used by a prospector or
miner, or any small user to whom a
free-use permit is issued. Large users
of special material who operate, or
can operate, sawmills may properly
be required to take with such spec
ial material other merchantable tim
Der which it is necessary to remove
1or the future productiveness of the
forest or to avoid rendering the re-
nHaining timber on the area unmer-
chantable. But it is believed that
very few cases will arise which will
make the enforcement of this res
friction necessary as to free use per-
mitees.
II hope that these new instructions
will remove any possible doubt as to
the friendly interest of the Forest Sc
vice in the mining industry.
II am sure your committee is con-
sidering carefully the difficulties on
both sides of the situation we have
discussed and fully realizes that the
problem We are endeavoring to solve
presents difficulties on both sides.
think you will agree with me that tn
necessity for examination of the val
idity of mining claims prior to appli
cation for patent should be eliminat
ed as far as possible; and that ev
erything in reason should be done tc
; facilitate the efforts of the prospect
or and miner to open up and develoI
the mineral wealth within the Nation
al forests. At the same time-and tn
Mining Congress has always been IL
hearty accord with this policy-th,
| National forests safeguard the wei
= fare of many other interests and hav