Gilpin observer., 1916-10-12
Over-Regulation of
The National Forests
r. 8, Morrison.s


thor of Morrison's Mining Rights"
the most widely consulted work on
American mining law)
In 1866 the first mining act of Con-
gress declared that the mineral lands
of the public domain should be free
and open to exploration and occu-
pancy. The act OF 1872 repeated the
same generous ovation.
Since those dates, the whole region
Of the Rocky mountains and the Pa
cific Slope has been prospected, its
mineral values opened up and thou
sands of mines worked and patented.
The whole extent Of the public do
main was free ground to the prospec.
tor and the timber, also was allowed
for all mining purposes.
Such policy of the Government was
never abused. and but for such policy
ii might be roundly stated that the
West never to this day would have
been settled up and mining would
have been merely trespass on Govern
ment land.
There is no act of Congress repeal
ing this universal license to prospect
and to use the timber but indirectly
these laws have been restricted so
that the prospector starting with his
outfit, is in constant fear even of ar
rest and Imprisonment on some pre-.
tense of interfering with Government
property.
Perhaps the first step in this bust,
ness was the Forest Reserve Act.
Under that act an area of over 200.
600 square miles has been cut out OF
the prospectors ground. If the reser.
vations We're confined to timber lands
oh h.,
but where many of these National
Forests. so-called, are above timber
line, where tree never grew and never
will grow, and thousands of square
miles are covered with brush, under,
growth and socalled timber of no val.
ue whatever except for firewood, it
becomes piece of irony to call it a
National Forest or timber reserve,
The act creating the reservation ex.
plicitly reiterates the right of citizens
to prospect for and locate mining
claims, but the Department of Agricul.
ture is allowed to prescribe regula.
tons and these regulations amount
practically to the denial of all mining
rights in many cases.
The Congressional authority under
which the Department is authorized to
make these regulations is no more
than this: "The Secretary may
make. such rules and regulations as
will insure the objects of said reser.
vations, namely to regulate their oc,
cupancy and use and to preserve the
forests thereon from destruction
Under this concise authority the de
partment have published what it calls
the Use Book of 100 pages, and its in
terminable details extend to pasturage
forest insects, decayed timber, preser
walton of the public health, protection
of game and fish, kindling fires, put
ting out fires, cutting firewood, sale
| of timber for Mines quarantine, wa
ter power, irrigation. bee hives, salt
ing stock, miners cabins, and the pro
| lection of water sheds for the use OF
| generations yet unborn. Some OF
these regulations are legitimate
though overburdened with oppressive
detail. but many of them utterly un
authorized under the most liberal in
depreciation of the forestry law.
Coming to the enforcement of these
| regulations: There Is an army of so
| called forest rangers In the pay of the
| Government, rewards to common in
formers, permits licenses, bonds, re-
| ports, schedules and an attempt to
make an income out Of the free tim
Der, the property of the miners.
Where a timber cutting permit Is is
sued a bond must be given and the
amount is fixed in three different
sums, classified as little danger"
considerable danger" and great
danger" from fires, which impractic-
able and impossible theory leaves. OF
course, the amount Of the bond to be
fixed at whatever sum the official
may choose to name. (Use Book,
page 1917
The herding regulations refer to all
kinds of cattle, sheep. dry sheep,
horses and goats, with subdivisions in.
teiligible only to stOckmen. utterly un.
Ineligible to the forest ranger, diff.
cult of understanding even to an ex.
perienced lawyer and, when 1t comes
to the rule that for purposes of ad
ministration two head of swine will
be considered equal to one cow" we
doubt whether the stockman. the for.
est ranger, the experienced lawyer, or
even the head of the department itself
understands what is meant or upon
what basis two hogs are the equiva-
lent of one COW.
A rule on page 20 reads: IF you
find fire, try to put 1t out. II you
can't, get word Of II to the nearest
United States forest ranger or state
fire warden at once. Keep in touch
with the rangers" 1t does not state
how this word is to be got to the for.
est ranger whether by telephone. mail
] or messenger. II by mail, probably
the fire would be out before the for
est ranger would be reached: II by
telephone, the informant might be ar
rested for using telephone that did
not have forest reserve license; In
either case, he Is liable to be arrested
for starting the fire, and the charge
to keep in touch with the rangers is
the very last advice that man should
heed If he would keep out of trouble.
The most serious item is that the
| limited States Surname Cnurt haya