Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1911-02-04
MERCHANTABLE TIMBER.
The Meaning as Applied to the En-
larged Homestead Act.


larged Homestead Act.
Sundance (Wyo.) Monitor. following
is letter from Hon. F. w. Mondell,
addressed to Mr.. Brandt, of Carlile,
which will undoubtedly be of interest
to readers:
WASHINGTON, D. c., Jan. A, 1911.
Mr.. Albertus Brandt,
Carlile, Wyoming.
My Dear Mr.. Brandt:-I have the
honor to acknowledge the receipt Of your
letter of December 10th and numerous
ly signed petition of settlers under the
320 acre homestead law relative to the
definition of what constitutes merchant
able timber" as the term is used in the
800 acre homestead law.
In drafting that bill il was discovered
that there W ould be great deal of op-
position to the increase of the size of
the homestead if the acquisition of valu-
able timber lands was authorized by the
act and to meet this objection it was ap-
parent that it was necessary to use some
term which would exclude from the pro-
vision of the act lands principally valu-
able for the timber they contained.
There was such discussion in the com.
mittee as to what term should be used
to exclude really valuable timber lands
and yet authorize the homesteading of
lands, portions of which might contain
small or stunted growths or a few scat
tering trees of considerable size. Many
suggestions were made but it was finally
the concensus of opinion in committee
that the words "merchantable timber"
would be best tC express what was
sought to be accomplished. The COM
mittee realized that the law authorized
settlers to take from the public lands of
the United States timber needed for the
improvement of their farms, for fenc.
ing, fire wood, building of corrals,
houses, barns, etc, so we assured, and
think reasonably, that the Department
would not hold that. the settler could not
enter lands under the law which con-
tanned only such limited supplies of tim.
ber as might be necessary for use on the
farm, or as might be obtained by the
settler under the law from any public
land. l have been greatly surprised at
what seems to be the present attitude of
the Department on this subject, as in
answer to inquiries the Department has
suggested that in passing upon these
questions in connection with the 32O
acre homestead entries, they might fol-
low the rule laid down in connection
with the Timber and Stone Act, which
defines timber as follows:
Timber is defined as trees of such
kind and quantity, regardless of size, as
may be used in constructing buildings,
irrigation works, railroads, telegraph
and telephone lines, tramways, canals
or fences, or in timbering shafts or
or in manufacturing, but it
does not include trees suitable for fuel
only"
cannot believe that in actual prac-
tice and when the matter is brought
squarely to the attention of the Depart
ment this definition will be followed,
for it is the definition as to what con-
stitutes the land enterable under the
Timber and Stone Act, and the law
To- hot
terable under that Act must be land
not fit for cultivation but chiefly valu-
able for the timber and stone it con-,
tains.
Ifit had been the intent of Congress
to prohibit the taking of any land un-
der the 320 acre homestead law which
contained timber, the word "non-tim-
ber" would have been used. But Con-
gress had no such intention; it was sim
ply endeavoring to prevent the taking
Of lands containing timber of value, in
other words, the acquisition of timber
lands under the color of homestead en-
try; and when the Department comes
to pass squarely on this question, which
as l understand it, it has not done in
any case as yet, it seems to me they
must realize the intent of Congress in
the matter.
l have taken up this question with
the Secretary of the Interior and shall
endeavor to have a thorough under
with the Department in the
matter, calling their attention to the
fact that the words used in the 800 acre
homestead law must necessarily be con.
strued in the light of the statutes which
authorize the taking of timber and the
of lumber on the public
domain for the use of settlers in improv-
ing their homes. Should l conclude
that the Department is likely to place a
narrow construction on the statute which
would imperil entries made on lands
such as those in your locality. l shall
introduce bill endeavoring to more
closely define what is meant by the
term "merchantable timber" and the
of which am chairman will
give the matter most careful considera-
ton. 1t was certainly not the intent of
Congress to prohibit the taking of lands
some portion of which might contain
small scrubby timber, or even a few
trees large enough to be used in build
ing of houses and barns. 1t would be q
curious commentary on the wisdom of
Congress to say that body would not al
low homesteader to take as home
stead lands containing such material as
he needed for his own use, then at the
same time authorizing him to take such
material from any portion of the public