Year: 1864




ASSEMBLY CHAMBER, Sacramento, !


March ID, 1864


EpiroR UsIos REcoRD :-Inelosed send
you a copy Of the bill to protect the timber on
the public lands OF this State, as il has passed
both houses and was approved this morning By
the Governor; hence ii becomes law Of the
State. By inserting the bill in your paper,
you will oblige NE, as il viii answer the inqui-
ries Of hundreds of your readers who petitioned
for the immediate passage of the bill, and are
anxious to hear The result The bill was drawn
and passed the Assembly to remove not 10
exceed one sixth of the bark but in the Senate
they reduced it to one eighth, which may be
Objectionable to the pitch gatherers, but it
cannot be remeded this session. for the Legis-
ature has been informed by thousands OF
petitioners that millions of dollars worth Of
timber is being destroyed By men who are
cutting trees without regard to the injurious
effect it will have Oh the future condition of this
State 1t is reported that all Of the pine forests
on the western slope OF the Sierra Nevada
mountains from Nevada TO Trinity and Shasta
counties, are being killed BY actually girdling
the trees TO secure all Of the pitch they contain
in one year, thus obtaining about twenty FIVE
and sometimes as high as forty cents worth
from tree that is worth $40 or SIS for lumber.
showing loss TO the country which is worthy
of our consideration. Hoping the bill may
satisfy the desire of the people and save great
waste to the State, | remain, as ever, friend
to the public welfare. A. C. BUFFuM
AN ACT to prevent the destruction OF Timber


on the Public Lands in this State. The


People of the State of California, represented


10 Senate and Assembly do enact as follows


SECTION l. 1t shall not be lawful for any
person to cut or girde any tree on any land
within this State, belonging to this State or
the United States, so as to remove the bark
on such tree more than one eighth of its cir
cumference. nor more than three inches in depth
into the wood of the same.


SEC. 2. Any person who shall cut a tree
contrary to the provisions of this Act shall be
deemed guilty of misdemeanur and. upon
conviction thereof, shall be fined in a sum not
more than FIVE hundred dollars, or be imprisoned
in the county Jail not more than two hundred
and fifty days; or both such fine and mprison.
ment.


SEC. 4. Any person who shall gather pitch,
or other substance, discharged from tree
which has been cut contrary to the provisions
of this Act, shall be deemed prima facie to
have cut the same.


SEC. A. All the lands within this State shall
be deemed lands of-thiS State or of the United
States, unless the party accused of the violation
Of this Act shall prove on trial that the land on
which he cut the trees, contrary to the provs
ions of this Act, belonged to the person so
accused, or that he cuts the same by permission
Of the ow1er of the laId.


SEC. 5. This Act shall not apply to persons
who cut trees, in good faith, for the purpose of
manufacturing the same into lumber, irewood,
for agricultural, mining or tanning purposes
prorided, that, where timber is wanted for
tunre'S ID for mining uses gene ally, the ptr
sous having such wants may cut down and work
up economically, from time 10 lime, so many
trees as may suffice but it shall not be lawful
for any person to fall trees on the public lands
10 anticipation of future needs, and which may
not be required for immediate use nor shall
any person fell trees for the sake of the limbs
for frewood, for the purpose of manufacturing
charcoal, while having no use for the trunk or
body of the tree. Whoever may violate the
provisions Of this section shall become liable TO
the pains and penalties as set forth in section
two of this Act.


SEC. 6. This Act shall not be held to apply
to the clearing Of mineral lands for the purpose
of working the same, or TO the cutting of timber
for numbering purposes.


SEC. I. This Act shall take effect from and
after the fifteenth day of March, 1864