“INSTRUCTIONS
“SPECIAL AGENTS
OF THE
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Pare Se RATS LAND QEREACE
PREVENT TIMBER DEPREDATIONS UPON GOVERNMENT LANDS
~~» PROTECT THE PUBLIC TIMBER FROM WASTE AND DESTRUCTION,
WASHINGTON:
GOVERNMENT PRINTING OFFICE.
18383.
INSTRUCTIONS
SPECIAL AGENTS
OF THE
mS
feove RAL LAND OFFICE
PRAVENT TIMBER DEPREDATIONS UPON GOVERNMENT LANDS
PROTECT THE PUBLIC TIMBER FROM WASTE AND DESTRUCTION,
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WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1883.
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DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., June 1, 1883.
The following instructions to special timber agents and the rules and
regulations contained herein are hereby prescribed by this office, and
all special timber agents of this office will hereafter be governed by and
comply with the same.
All previous instructions and rules and regulations prescribed by this
office in conflict herewith are rescinded.
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
June 1, 1883.
Approved.
H. M. TELLER,
Secretary.
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INSTRUCTIONS
TO
SP not Ak TEMBER. AG HANTS.
DESIGNATION OF SPECIAL AGENTS.
1. Special agents of the General Land Oftice, Interior Department,
appointed to prevent depredations upon the public timber and to pro-
tect the same from waste and destruction will hereafter be designated
as ‘“‘ special timber agents.”
QUALIFICATIONS OF SPECIAL TIMBER AGENT'S.
2. A special timber agent must, in order to render intelligent and
effective service, have a thorough understanding as to the object
sought to be accomplished in protecting tbe timber growing upon
Government land; the classes of lands upon which the timber needs
protecting, or upon which timber depredations are liable to be com-
mitted; what persons are authorized or permitted to fell or remove
timber therefrom, to what extent and for what purpose; what con-
stitutes a timber trespass upon Government land; what penalties are
attached to such trespass, and what are the duties of a special timber
agent in the premises.
To this end the following directions and instructions are issued. For
ready reference they have been arranged under several headings, and
the paragraphs under each heading numbered.
Special timber agents are expected to study these instructions closely
and carefully until they have thoroughly familiarized themselves with
the nature of the duties devolving upon them.
OBJECT OF PROTECTING TIMBER UPON GOVERNMENT LAND.
3. The object of the Government in endeavoring to prevent the waste
and destruction of public timber is, primarily, to preserve it for the
wants of future generations—having, of course, due regard for the
requirements of the present. The result of the destruction of forests
in permitting a more rapid melting of the snows in spring than would
occur in the same region if well sheltered, and in decreasing the capac-
ity of the soil to retain moisture after rains—in both cases increasing
the liability to sudden and devastating floods, not only in the denuded
sections, but sometimes hundreds of miles distant—also the well-estab-
lished climatic influence of such destruction in diminishing the annual
rainfall, to the serious detriment of regions already subject to frequent
droughts, are other reasons which render the preservation of the public
timber a matter of vital importance not only to the agricultural but to
many other extensive interests.
(9)
6
CLASSES OF GOVERNMENT LAND.
4, Government land embraces all land the title to which is in the
Government; and for the present purpose may be divided into tour
classes: :
Ist. Vacant unoccupied public land;
2d. Land covered by homestead, pre-emption, or other entry, upon
which the claimant has not so fulfilled his obligations under the law as
to entitle him to patent;
3d. Mineral lands;
4th. Military, naval, Indian, and other Government reservations.
VACANT PUBLIC LAND.
5. All unoceupied lands of the United States to which no valid claim
has attached, and which are subject to homestead, pre-emption, or other
entry, or which can be sold or otherwise disposed of by the United
States, are vacant public lands.
6. From such lands, if not mineral in character (see “ Mineral lands,”
page 7), no person or persons can lawfully fell or remove any timber,
except right of way railroad companies for certain purposes, and under
certain conditions.
(See “Right of railroad companies to take timber from public land,”
page 9.)
LANDS COVERED BY HOMESTEAD OR PRE-EMPTION ENTRY.
7. Lands covered by homestead or pre-emption claims are lands upon
which citizens of the United States have made entry, and have filed
certain papers in the proper district land office, obligating themselves
to conform to the requirements of the law as to oceupancy, cultivation,
and improvement.
8. The claimant to any such land, provided he is living upon, culti-
vating, and improving the same in accordance with law and the rules
and regulations prescribed by this Department, is permitted to cut and
remove, or cause to be cut and removed, from the portion thereof to be
cleared for cultivation, so much timber as is actually necessary for that
purpose, or for buildings, fences, and other improvements on the land
entered.
9. In clearing for cultivation, should there be a surplus of timber
over what is needed for the purposes above specified, he may sell or
dispose of such surplus; but it is not allowable for him to denude the
land of its timber for the purpose of sale or speculation until he has
made final proof and acquired title. (See Decisions 3, 4, and 5, appen-
dix, page 29.)
10. Where the facts justify the conclusion that the person has made
his entry in good faith, and is cultivating and improving the land with
the purpose of making it his home, the agent need not consider it his
duty to report every deviation from the preceding rule. But where the
person does not make the land his actual residence, and cultivate and
improve the same, or where the value of the timber cut and removed
is greatly in excess of the improvements, or where other facts afford a
strong presumption that the entry was not made in good faith, but
solely for the purpose of denuding the land of its timber, the case
should be at once reported to this office.
11. No person other than the one making the entry has a right to cut
timber from such land for any purpose whatever.
7
MINERAL LANDS.
12. Mineral lands are those which are more valuable for the mineral
therein than for agricultural purposes or for the timber thereon.
13. The right to take timber from mineral lands for building, agri-
cultural, mining, or other domestic purposes is specially provided for
under act of Congress approved June 3, 1878, as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That all citizens of the United States and other persons, bona fide
residents of the State of Colorado or Nevada, or either of the Territories of New Mexico,
Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts
of the United States, shall be, ind are hereby, authorized and permitted to fell and re-
move, for building, agricultural, mining, or other domestic purposes, any timber or
other trees growing or being on the public lands, said lands being mineral, and not sub-
ject to entry under existing laws of the United States, except for mineral entry, in
either of said States, Territories, or districts of which such citizens or persons may be at
the time bona fide residents, subject to such rules and regulations as the Secretary of the
Interior may prescribe for the protection of the timber and of the undergrowth growing
upon such lands, and for other purposes: Provided, The provisions of this act shall not
extend to railroad corporations.
Sec. 2. That it shall be the duty of the register and the receiver of any local land
office in whose district any mineral land may be situated to ascertain from time to time
whether any timber is being cut or used upon any such lands, except for the purposes
authorized by this act, within their respective land districts; and, if so, they shall im-
mediately notify the Commissioner of the General Land Office of that fact; and all
necessary expenses incurred in making such proper examinations shall be paid and
allowed such register and receiver in making up their next quarterly accounts.
Sec. 3. Any person or persons who shall violate the provisions of this act, or any
rules and regulations in pursuance thereof made by the Secretary of the Interior, shall
be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not
exceeding five hundred dollars, and to which may be added imprisonment for any term
not exceeding six months.
14, Rules and regulations under the preceding act have been pre-
scribed by this Department under dates of August 16, 1878 (see pages
24 to 26), July 1, 1880, and July 1, 1882; but those of the two earlier
dates are no longer in full force, the one having been revoked and the
other modified by that of the last-named date, which is as follows:
The rules and regulations heretofore prescribed by this Department under act of Con-
gress approved June 3, 1878, entitled ‘‘ An act authorizing the citizens of Colorado, Ne-
vada, and the Territories to fell and remove timber from the public domain for mining
and domestic purposes,’’ are hereby modified as follows:
All citizens and bona fide residents of the States and Territories mentioned therein are
authorized to fell and remove, or employ others to fell and remove, or to purchase from
others who fell and remove, any timber growing or being upon the public mineral lands
in said States or Territories; Provided,
1. That the same is not for export from the State or Territory where cut.
2. That no timber less than eight inches in diameter is cut or removed.
3. That it is not wantonly wasted or destroyed.*
* * Ke * * *
As the rules and regulations in relation to the eutting and removing of timber from
the public mineral lands are modified as hereinbefore stated, all agents and officers of
this Department are hereby instructed that in reporting cases of alleged trespass they
will be governed in their report upon the mineral or non-mineral character of the land
by the following general rule:
Where the lands are situated in districts of country that are mountainous, interspersed
with gulches and narrow valleys, and minerals are known to exist at different points
therein, such Jands, in the absence of proof to the contrary, will be held to be mineral
in character; but where there are extensive valleys, plains, or mountain ranges, and no
known minerals exist, the land may be considered and treated as non-mineral.
* The portion of the circular here omitted related to the right of railroad companies
to take timber; and has been amended by office circular of March 3, 1883 (approved
March 5, 1883). See ‘‘ Right of railroad companies to take timber,’’ page 9.)
8
Said agents and officers are further instructed that hereafter, in forwarding reports in
cases of timber trespass, a simple statement to the effect that the lands in question are
mineral or non-mineral in character will not be regarded by this office as sufficient proof;
evidence establishing that fact must in all cases accompany and form a part of said
report.
In investigating cases of timber trespass in mineral districts said agents and officers
will be careful hereafter to report only those cases in which there has been a violation of
the rules and regulations above specified.
All rulesand regulations heretofore prescribed by this Department in cases of timber
trespass upon public lands non-mineral in character remain in force.
All rules and regulations or instructions heretofore prescribed under said act of June
3, 1878, by this Department inconsistent with the provisions contained in this circular
are hereby rescinded.
15. The following portion of the circular issued by this office under
date of September 19, 1882 (approved September 21, 1882), applies also
to the cutting and removal of timber from public mineral lands author-
ized by said act of June 3, 1878:
One of the most dangerous elements te contend with in case of forest fires, and one of
the principal auxiliaries to the spread of the same, is the dry tops of trees which parties
leave upon the ground after having cut and removed the timber for saw logs and other
purposes. When the tree tops can be profitably cut into wood, the person cutting such
trees on public land—when such cutting is authorized by law—must cut the tops into
wood, or at least cut up and pile the brush in such manner as to prevent the spread of
fires,
A failure on the part of woodsmen to utilize all of the tree that can profitably be used,
and to take reasonable precaution to prevent the spread of fires, will be regarded by this
office as wanton waste, and subject them to prosecution for wanton waste and destruc-
tion of public timber.
16. Non-residents of a mineral district are not authorized, under any
circumstances, to fell or remove timber from public mineral lands in
said district, except for use in such district.
17. Railroad companies are prohibited from the privileges granted in
said act; that is, they cannot take timber from public mineral lands
for buildings, fuel, &c.; but are not prohibited from taking timber
from such lands for construction purposes, as authorized under act of
March 3, 1875. Y
18. Special attention is called to the fact that the authority granted
in said act of June 3, 1878, applies exclusively to lands which are
strictly mineral in character and subject to mineral entry only. The
evidence must be positive that such lands are more valuable for the
mineral thereon than for any other purpose, and that they are not
suitable for agricultural purposes or cultivation, or valuable solely for
the timber thereon.
19. Every report of an alleged depredation upon public land ina
mineral district must be accompanied by affidavits from two entirely
disinterested and responsible persons as to the mineral or non-mineral
‘character of the land. (See Forms No. 11 and 12, page 36.)
20. The object of the Department in providing that such timber
shall not be exported is, to protect the settlers in sparsely timbered
districts from being deprived of the timber necessary for their domestic
uses. It 1s not, however, the intent of the Department to strictly en-
force a technical prohibition in cases where the interests of the settlers
in the districts from which timber is cut and removed are not injuriously
affected thereby.
21. The removing of timber or lumber from one State or Territory
across the line into an adjoining State or Territory, but not out of the
same general district or section of country, is not such exportation as
it is intended to prohibit.
; 9
22. In investigating cases of alleged export, special timber agents
must examine carefully into all the facts, and report in full, especially
as to the manner in which the settlers and residents of the district from
which the timber is cut and removed are affected thereby.
93. The object of the Department in prohibiting the cutting or
removing of trees less than eight inches in diameter is the preserva-
tion of the young timber and undergrowth, so as to provide a supply
for the future, when such trees shall have matured. But it is not the
intention to prohibit the cutting or removal of any full-grown tree
belonging to a species which, when mature, does not exceed eight inches
in diameter, or of any mature tree; nor of trees of any description, even
if less than eight inches of diameter, if it ean be shown that there were
no other trees in that vicinity. Therefore in investigating cases of
alleged trespass where the trees cut or removed are of less than the
prescribed size, the agent must ascertain and report the species of tree
so cut or removed, the average size which trees of that species attain
in that section of country, and whether the trees cut and removed were
growing trees, or trees of mature growth, whether the trees in that
vicinity generally are less than eight inches in.diameter, and all other
facts necessary to be known to enable this office to determine whether
the cutting was that of mature trees of less than the required size, or of
the largest trees obtainable in that locality even if less than eight
inches in diameter, or whether it was a case of wanton and wasteful
destruction of the public timber.
24. Locators of mining claims, so long as they comply with the law
governing their possessions, are invested. by Congress with the exclusive
right of possession and enjoyment of all the surface included within
the lines of their locations. If a locator neglects to protect himself
and his possessions, the law does not assume that the United States
is injured by the cutting and use of the timber on such claim. It is
the duty of the possessor to care for his own if trespass be attempted
by a stranger; he alone is concerned for its protection, and may un-
doubtedly maintain suit to that end. (Secretary’s decision, September
30, 1882.)
MILITARY, NAVAL, INDIAN, AND OTHER GOVERNMENT RESERVATIONS.
25. The timber upon military, naval, Indian, and other Government
reservations is the property of the United States, and no person has
the right to fell or remove the same unless employ ed by the Govern-
ment for that purpose. Therefore, any timber trespass discovered upon
such reservations must be reported to this office (in the same manner
as trespass upon vacant public land) for reference to the proper De-
partment.
RIGHT OF RAILROAD COMPANIES TO TAKE TIMBER FROM VAOANT
PUBLIC LANDS.
26. All land-grant railroads are authorized, in the granting act, to
take timber from the public land adjacent thereto, for construction
purposes. This authority, however, is confined strictly to timber for
construction purposes only, in every grant except that to the Denver and
Rio Grande Railroad, which authorizes said road to take timber for
repairs also.
27. All right-of-way railroads are authorized to take timber from the
public lands adjacent to the line thereof, for construction purposes
10
only, under act of March 3, 1875 (Supplement to the Revised Statutes,
chapter 152), as follows:
AN ACT granting to railroads the right of way through the public lands of the United States.
Be it enacted, dc. * * *
SecTION 1. That the right of way through the public lands of the United States is
hereby granted to any railroad company duly organized under the laws of any State or
Territory, except the District of Columbia, or by the Congress of the United States,
which shall have filed with the Secretary of the Interior a copy of its articles of incor-
poration; and due proofs of its organization under the same, to the extent of one hundred
feet on each side of the central line of said road; also the right to take, from the public
lands adjacent to the line of said road, material, earth, stone, and timber necessary for
the construction of said railroad.
* * * * * * *
Sec. 4. That any railroad company desiring to secure the benefits of this act shall,
within twelve months after the location of any section of twenty miles of its road, if the
same be upon surveyed lands, and if upon unsurveyed lands, within twelve months
after the survey thereof by the United States, file with the register of the land office for
the district where such land is located a profile of its road; and upon approval thereof
by the Secretary of the Interior, the same shall be noted upon the plats in said office;
and thereafter all such lands over which such right of way shall pass shall be disposed
of subject to such right of way: Provided, That if any section of said road shall not be
completed within five years after the location of said section, the rights herein granted
shall be forfeited as to any such uncompleted section of said road.
Src. 5. That this act shall not apply to any lands within the limits of any military
park, or Indian reservation, or other lands especially reserved from sale, unless such
right of way shall be provided for by treaty stipulation or by act of Congress heretofore
passed.
; Sec. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal
this act, or any part thereof.
28. Circulars of instructions relative to the construction to be placed
upon the preceding act have been issued by this office under dates of
July 15, 1881 (approved July 19, 1881), June 30, 1882 (approved July 1,
1882), July 22, 1-82, and March 3, 1883 (approved March 5, 1883). None
of said circulars are now in force except the last, which is as follows:
The first section of the act of Congress, approved March 3, 1875 (18 Stat., p. 482),
granting to railroads the right of way through the public lands of the United States,
provides that any railroad company organized ‘as therein described shall have ‘‘ the right
to take from the public lands adjacent to the line of said road, material, earth, stone,
and timber necessary for the construction of said railroad.”’
In determining the rights of railroad companies under the foregoing provision you will
be governed by the following instructions:
1. Said provision refers exclusively to contemplated or unconstructed roads. Com-
panies have no right to take timber or other material under this act for repairs, fuel, or
for the further improvement of roads already constructed.
2. The right granted to any railroad company under this act to take timber or other
material from the public lands ‘‘ adjacent to the line of said road”’ for construction pur-
poses is construed to mean that, in procuring timber or other.material for the purposes
indicated in the act, the same must be obtained from the public lands in the neighbor-
hood of the line of road being constructed, and within the terminal points of such road,
if possible. If, however, it should be found that the material required in the construc-
tion of such road cannot be procured from the public lands in the neighborhood of, and
within the terminal limits of, such road, then it is permitted that such company may
obtain the material required outside the terminal limits of the road under construction;
such material, however, to be taken from such points as are most accessible and nearegt
to the terminal limits thereof.
3. All duly organized railroad companies under this act, upon the filing and accept-
ance of properly authenticated copy of their articles of incorporation and organization,
and map of definite line of location, are entitled (as provided in paragraph numbered 2
of this circular) to take timber from any of the public lands not otherwise reserved or
previously occupied according to law, whether the same be mineral or non-mineral in
character.
4, In the procurement of timber or other material for construction purposes, such com-
pany must, before causing the cutting or removal thereof, appoint in writing one or more
persons as their duly authorized agent or agents for that purpose. Copies of all such
11
appointments must be filed in this oflice for its information, in order that such company
may be held responsible for any violation of the rules and regulations as herein prescribed
in relation to the cutting or removal of timber or other material from the public lands by
such agent or those employed by or under him.
5. All such duly appointed agents have authority to employ others to procure from
such public lands and deliver to them, for the use of such company, all material required
forthe purposes specified in the act. It isimmaterial whether such persons are employed
by ‘the day or by the piece; but no authority can be given by such railroad company to
the general public to cut timber from the public lands.
6. No railroad company organized according to the provisions of this act is entitled to
procure, or cause to be procured, either by itself or through any of its agents, any timber
or other materigl from the public lands for sale or other disposal either to other com-
panies or to the general public.
7. The right to take timber frém the public lands by such railroad company, or its
agents, is confined to such timber or other material as is actually necessary in original
construction of same, and ceases when such road is open to the public for general use.
8. In the procurement of such timber from the > public lands, none less than eight inches
in diameter is permitted to be cut or removed; no waste or destruction of timber is allow-
able, and the tops and laps of all trees must be cut and piled in order that the spread of
forest fires may be checked thereby.
All rules and regulations or instructions heretofore prescribed under said act of March
3, 1875, by this Department, inconsistent with the provisions contained in this circular,
are hereby rescinded.
29. There is no law authorizing individuals to cut timber from the
public lands and sel/ the same to railroads at a certain price per tie, or
per thousand feet, or under contract, even though it may be used for
construction purposes. The right is conferred only upon the railroads
themselves; therefore the person cutting such timber must be in the
actual employ of the road or its agent.
30. The terms “lands adjacent to the line of the road” are indefinite,
and cannot be confined to any prescribed limits. On this point the
special timber agent must use his best judgment. As arule such lands
are deemed to be the nearest, most accessible, and available public
lands within the terminal points of the road from which the road can
procure suitable material; but Congress never intended to grant to
any railroad superior rights to those of the settler; therefore, where a
railroad passes through a sparsely timbered section of country, and the
‘taking of timber from such lands would prevent or discourage settle-
ment along the line of said road, or be a hardship to those who may
have already settled in that locality, by depriving them of the necessary
material for buildings, fences, fuel, &c., the railroad should be encour-
aged to take timber from other convenient, heavily timbered, and thinly
settled sections of country adjacent to the line of said road.
31. By the granting acts, and by the act of March 3, 1875, the right
to take timber is limited to construction purposes exclusively (except in
case of the Denver and Rio Grande Railroad); therefore when a road
is once completed the privilege ceases, and after that any cutting of
timber by the railroad is a trespass.
32. The portion of office circular of September 19, 1882 (approved
September 21, 1882), directing that the tops and brush of trees be cut
“wp and piled in order to prev vent the spread of fires (see page 30), ap-
plies Also to the cutting and removal of timber from the public lands
for the construction of railroads.
WHAT CONSTITUTES A TIMBER TRESPASS.
33. Any person who fells or removes timber, or who hires others to
fell or remove timber, or who incites or induces others to fell or remove
timber from Government land, for his personal benefit or advantage, or
12
for the purpose of speculation and gain (except he has the right or per-
mission so to do as specified under heads of ‘‘ Lands covered by home-
stead or pre-emption entry,” *‘ Right of railroad companies,” and “ Min-
eral lands”), is a timber trespasser upon Government land.
34. Any person who is authorized by law, or- permitted, to fell and
remove timber from Government land, who fails to utilize all of the
trees cut that can possibly be used, or to remove the brush and take
every reasonable precaution to prevent the spread of forest fires; or
who, in any other particular wastes and destroys the public timber, is.
cuilty of timber trespass upon Government land.
35. Any person who commits timber trespass upon Government land
is liable to both criminal prosecution and civil suit; criminal prosecu-
tion for the act of trespass, and civil suit for the value of the material
taken and the damages sustained, together with costs of court, and also
the cost of survey and scalement when the same shall be necessary to
accurately determine the extent of trespass and the amount of damages.
(See circular of March 1, 1883, pages 31 and 32.)
36. The person or persons who contract for, purchase, or receive said
timber are also liable to civil suit for the value thereof and the damages
sustained, together with costs as above. (See circular of March 1, 1883,
pages 31 and 32.)
37. Timber unlawfully cut from Government land is the property of
the United States, and is subject to seizure as such, wherever or in what-
ever condition it may be found, and from any party having possession
of it, or who in any way lays claim to it.
38. Cut timber is not a part of the realty and does not go with the
land; it is personal property and the value of the same can be sued for
after the land has been parted with by the Government.
39. The value of such timber in a civil suit is the value of the timber,
or lumber, at the place where and in the condition when found. (See
decision No. 5, Appendix, page 29; also circular of March 1, 1883, pages
31 and 32.) e ;
40. Criminal actions are barred by the statute of limitation after the
lapse of three years ; but there is no limitation as to time when the Gov-
ernment may bring civil action for the value of the property and dam-
ages.
DUTIES OF A SPECIAL TIMBER AGENT.
41. Special timber agents are assigned to duty in certain States or
districts, wherein they will have a general supervision and charge over
all timber upon Government land.
42, It is their duty to keep themselves thoroughly informed as to the
condition of the timber upon the Government land in their respective
districts, and to protect and preserve said timber from waste and de-
struction from any and all sources. (See office circular of September
19, 1882, approved September 21, 1882, relative to forest fires, &c.,
page 30.)
43. In enforcing a compliance with the several laws relative to the pro-
tection and preservation of the public timber, and the rules and regula-
tions prescribed thereunder by this Department, much must necessarily
be left to the discretion and judgment of special timber agents; as the
evidence of violations of said laws, or of the rules and regulations, is.
in nearly every instance a question of fact which can only be ascer-
tained by personal examination and investigation.
44, Special timber agents should remember that it is not the purpose
of the law, nor of the regulations of this Department, to prohibit the
———,
= Su
a ee ee
: 13
use of so much of the public timber as may be actually needed by bona
Jide settlers tor agricultural and domestic purposes, but to prevent its
being made an article of speculation for the pecuniary gain of a few
individuals to the detriment of the many, or from being wantonly
wasted or destroyed. When an agent understands this, and convinces
the people in the district to whieh “he i is assigned that such is the case,
he, will find no difficulty in securing their active support and co-
operation.
45. Whenever you have information that any timber has been unlaw-
fully felled or removed from Government land, you should visit the
ground and investigate said alleged trespass in person, in order to be
able to report the case from personal knowledge and observation.
46. You should ascertain the character of the land from which the
timber has been felled or removed, whether it is vacant, unoccupied pub-
lic land, or covered by homestead, pre-emption, or other entry; whether
it is within the limits of the orant to any railroad, or of any Govern-
ment reservation; and whether it is mineral or nom-mineral.
47. The purpose of the Government is to prevent the unlawful taking
of timber from all Government lands until the title to such lands has
actually passed from the United States.
48, Many claims and entries are made upon Government land which
from one cause or another are never consummated, and the land finally
reverts to the Government. It is therefore fully as important to pre-
serve the timber upon such lands from unlawful spoliation as it is on
vacant public lands upon which there never has been any claim.
49. Having ascertained the character of the land, and that it is sueh
as should be. protected from timber trespass, you should next ascertain
who committed the trespass.
00. It is not the object of the Government to persecute poor wood-
choppers, or cutters who are employed or induced to fell or remove the
timber for others who are to reap the profits therefrom; but to punish
the principals therein, or the parties to be directly benefited in the case,
they being the more guilty parties.
51. Care should be taken to ascertain whether the alleged trespasser
has any right or authority to take such timber, as specified under heads
of ** Homestead or pre-emption entry,” ‘“ Right of railroad companies,
&c.,” and ‘ Mineral lands,” pages 6 to 11.)
52. Having ascertained the above facts and become satisfied that
the person is unlawfully felling or removing timber from the Govern-
ment land, you should next find good and reliable witnesses to establish
all the facts necessary to a successful prosecution of the person com-
mitting the trespass.
53. Having all the facts in your possession you should, at once, fill
out a form of report (in duplicate) and transmit the same to this office,
being particular to state the facts in full under each head, and in accord-
ance with instructions given under the head of “ Manner of making
reports of timber trespass.”
54. It is imperative that all names shall be given in full, written
plainly, and spelled correctly. Animportant suit might be lost through
neglect of the agent in this particular.
MANNER OF MAKING REPORT OF TRESPASS.
55. It is impossible to prescribe a form of report which will call for
only the information needed in each particular case; therefore the form
14
prescribed calls for all the information that it is thought can be needed
in any case.
56. It is the duty of the special timber agent to follow the form of
report closely in every case, and to give all the information called for
under each head, where practicable; and where not practicable, to state
the reason ther efor.
(1.) State name of trespasser in full, with post office address and
residence; where the trespass is committed by a firm, state firm name
and post office address; also name in full, post office address, and resi-
dence of each member of the firm. Where by an organized company
or corporation, state name of company and location of home office;
also name in full, post office address, and residence of each officer, and
of the manager or local superintendent.
(2.) Describe the land trespassed upon.
If surveyed, state subdivision of section, section, township, and
range.
If unsurveyed, define the localitY by streams and other natural ob-
jects, distance, and direction from nearest surveyed lands, cities, towns,
ete.
(3.) Describe the character of the land, whether vacant public land
or covered by homestead, pre-emption, or other entry; whether mineral
or non-mineral land; whether within railroad limits or Government
reservation.
If the land is vacant public land, no further description as to char-
acter is necessary.
If the land is covered by homestead, pre-emption, or other entry,
state the kind of entry, and, under the diagram on second page of re-
port, give the following information in the order named: 1. Name of
person making entry. 2. Date of entry. 3. Whether the party per-
manently resides on the place. 4. Whether he has any family. 95.
Nature of improvements (if any) and whether permanent or temporary.
6. Estimated value of improvements. 7. If any of the ground is cleared
or cultivated, state how much and to what extent. 8. Any other infor-
mation which will tend to show whether the person made entry in good
faith or for the purpose of cutting the timber therefrom and abandon-
ing same.
If the land trespassed upon is within a mineral district, the report
must be accompanied by affidavits as to the mineral or non-mineral
character of the land (see Forms 11 and 12, page 36). Affidavits from
two responsible persons are required in each case; and if the trespass
was on mineral lands the following information must be stated under
the diagram on second page of report, viz: Whether the trespass con-
sisted in cutting trees less than 8 inches in diameter, in wanton waste
and destruction of the public timber, or whether any of the timber or
lumber was exported or cut for export from the State or Territory
where the cutting was done. (See ‘Mineral lands” pages 7 to 9.)
If the timber was cut or removed from indisputably mineral lands,
and none of the provisions relative to the cutting thereon have been
violated (see ‘‘ Mineral lands,” pages 7 to 9), no report whatever in the
case is necessary.
If the land trespassed upon is within railroad limits, state, unde
diagram on second page of report, the name of the railroad; and the
distance of the land from the line of the road.
(4.) Give the date or dates upon which the timber was cut, and the
date or dates upon which it was removed.
; 15
(5.) State whether the trespass consisted in only cutting the timber,
or in cutting and removing the same; or in removing the same after it
had been cut by other (unknown) parties.
(6.) State kind of timber; whether pine, oak, or other wood. (See
ciréular relative to mesquite, approved October 12, 1882, page 31.)
(7.) State number of each kind of trees cut or removed.
‘(8.) State number of feet, board measure, or number of railroad ties,
cords of wood, poles, posts, or other material into which the timber may
have been manufactured.
(9.) Describe log mark or marks, and state the name of the person
who uses such mark to represent his property, giving post office address.
and residence. .
(10.) State where the timber is; whether on the ground where cut,
or hauled to any stream or shipping point, giving the name of same;
whether in boom, or at mill, or remaved and disposed of; and if re-
moved or disposed of, state the use made of the same.
(11-) State value of the timber or lumber in each of the conditions
specified in form of report, as nearly as practicable.
(12.) Give the name, post office address, and residence of the claimant
of said timber or lumber, or the person having possession of the same.
(13.) If the cutting was done under contract, state contract price,
and where the timber was to be delivered; whether any money has been
paid or advanced on same; and give names in full, post office address,
and residence of contracting parties.
(14.) If the timber has been sold, give name, post office address, and
residence of party to whom sold; state price given or agreed upon;
amount paid; where and in what condition the timber is to be delivered;
number of logs or amount of timber delivered, if any; whether the pur-
chaser had knowledge that the timber was unlawfully cut, or to be cut.
from public lands, or took reasonable precaution to ascertain that fact
and was an innocent purchaser through misrepresentation on the part
of others of generally good reputation.
(15.) Give names in full of at least two reputable witnesses, giving
post office address and residence of each, or where he may be found.
State in brief what each witness will be able to testify to in court, being
particular to state the date or dates upon whick he saw the cutting or
removing. (The cutters and haulers, or other employés of the tres-
passer should be used as witnesses whenever available.)
(16.) Give a brief statement of what facts you can testify to from
your own knowledge and observation, being particular to state date or
dates when you visited the ground and made personal examination.
(17.) State whether the trespass was willful, and whether there are
any extenuating or mitigating circumstances; and, if so, the nature and
evidence thereof.
(18.) State whether any legal proceedings have been instituted against
the parties for the trespass in question.
(19.) State whether the parties are financially responsible; and, if so,
to what amount.
(20.) State what action in the premises, in your judgment, will be
for the best interest of the Government.
(21.) State any other facts which you may deem necessary for a clear
comprehension of the case in all its details.
(22.) Fill up the diagram on second page of form of report; showing
streams, roads, location of cutting, and buildings upon the land tres-
passed upon.
16
PROPOSITIONS OF SELTLEMENT.
57. After you have ascertained all the facts in the case and prepared
your report for transmission to this office, should the party to the tres-
pass (either the actual trespasser or the purchaser of the timber, or
both) express a desire to avoid litigation and to compromise by paying
the Government a certain price in settlement for said trespass or timber,
if the evidence indicates that the trespass was not willful, but acei-
dental or unintentional, or if there are other extenuating circumstances,
you may inform the trespasser that, if he will make a sworn statement
and proposition of settlement, in accordance with the terms of the
circular of March 1, 1883, and in the form prescribed by this office (see
Form 10, page 35), you will transmit the same with your report to this
office for consideration and action.
58. The party who cut the timber, or caused it to be cut, may make
proposition of compromise (if the circumstances in the case warrant it,
as set forth above in paragraph 57) for the purpose of relieving himself
from criminal prosecution, but the acceptance of such proposition will
not relieve the purchaser of the timber from civil proceedings unless
the amount offered not only covers the damage to the land but also the
value of the timber.
59. The purchaser of the timber may make a proposition of settle-
ment (if the circumstances in the case will warrant it, as above set forth
in paragraph 57) for the purpose of avoiding civil proceedings, but the
acceptance of such proposition will not relieve the party who cut the
timber, or caused it to be cut, from criminal prosecution.
60. Where there is positive proof that the person who cut the timber,
or caused it to be cut, is a willful and malicious or persistent trespasser
upon the public timber, a proposition for the purpose of avoiding
criminal prosecution should not be entertained.
61. Where the purchaser of the timber had a knowledge at the time
of purchase that the timber was unlawfully cut from public land, prop-
osition of settlement should not be entertained for the purpose of
relieving the parties from civil proceedings, unless the amount offered
in said proposition is for the full value of the material in the condition
when and position where found, or if sold, for the amount for which it
was sold; and for at least as much as there is a reasonable prospect of
being able to recover through legal proceedings, with costs.
62. The acceptance of propositions at a lower rate than the owners
of private lands in the same vicinity would charge for similar timber,
or for the privilege of cutting the same, would be an actual inducement
to parties to commit timber depredations upon the public lands; there-
fore, such propositions should never be entertained, except when there
is indisputable and positive proof that the person who cut the timber,
or who purchased the same, was absolutely innocent of any guilty in-
tent or knowledge that the same was cut from Government land; in
which case propositions may be made to pay “‘stumpage” for the damage
sustained—that is, the value of the timber when standing.
63. No fixed and uniform rate of stumpage can be prescribed by the
Department. The actual value of the standing timber at the place
where and the time when it was cut, together with the other facts and
circumstances ascertained by the agent, must govern in each case as to
such rate.
64. In all cases where an offer of compromise or settlement is made,
if there has been any expense to the Government for surveying, or
; 17
sealing, or watching and caring for the property, the amount must be
included in and made part of the proposition.
65. Sworn statements and propositions of settlement must be made
out in accordance wiih the form prescribed by this office (see Form 10,
page 35). The person who subscribes and swears to the statement and
proposition in stating the extenuating circumstances must state his
ease in his own way and not from dictation by the special timber agent.
66. Special timber agents are not authorized or permitted under any
circuinstances to decide upon any proposed compromise, or to accept
any offer of settlement, or to receive any money or other valuable con-
sideration as a deposit pending its consideration by this office, or to
receive the money after a proposition has been accepted by this office.
67, All payments in settlement of propositions for timber trespass
must be made to the receiver of public moneys for the land district in
which the trespass was committed. =,
68. Where cases are in suit, propositions must be made through the
proper United States district attorney to the Department of Justice.
VOLUNTARY RELEASE OF TIMBER OR LUMBER.
69. Should an innocent trespasser, purchaser, or party having pos-
session of any timber or lumber cut from Government laud, v oluntarily
otter to deliver the same to the Government, you may receive a sworn
statement and release from said party, in accordance with the form
prescribed by this office (see Form No. 9, page 35), take possession
of the property, and transmit said release, together with a full report
in the case to this oftice according to form of trespass report (see
Form 8, page 35), upon receipt of which you will be instructed as to
what disposition to make of the property.
70. If you are satisfied that the party offering to release the timber
or lumber became possessed of the same with a full knowledge that it
was unlawfully cut from Government land, and that his offer to release
the same is made solely to avoid the legal punishment and penalties
for his unlawful acts, or if the timber is in such a position that no dis-
position can be made of it by the Government except to dispose of it
to the guilty party upon his own terms, you will refuse to accept a re-
lease for said timber, but will at once report the case in full, in order
that legal proceedings may be instituted. Any other course would be
an encouragement to continued depredations.
SEIZURE OF TIMBER OR LUMBER.
71. No seizure of timber or lumber can be made except by due proc-
ess of law. The appointment of a special timber agent does not con-
fer upon him any power or authority to seize timber or lumber by vir-
tue of his office. However, should you at any time find any timber
that has been cut upon Government land, and abandoned by the party
who cut the same, you will take possession of said timber, and at once
notify this office, when you will be instructed as to what disposition to
make of it.
CASES OF EMERGENCY.
72. In case of emergency, where the offender is about to leave the
country, or the property is being removed or concealed and the evi-
dence of ae ae aa destroyed, so that immediate action is absolutely
18
necessary to protect the interests of the Government, the special timber
agent may apply to the United States attorney for the district in
which the trespass was committed to institute the proper legal pro-
ceedings.
73. In such cases however, the responsibility will rest with the
special timber agent to produce clear and indisputable evidence to
establish the trespass, and show the necessity for his action.
74. In all other cases the trespass must first be reported in full to
this office for instructions.
PREVENTION OF TRESPASS.
75. It is as much a part of your duty to prevent parties from commit-
ting timber trespass upon Government land as to detect and secure the
punishment of such trespass after it has been committed. Therefore,
should you receive information that any person or persons premeditates
such trespass, you must acquaint them with the law upon the subject,
and warn them against such unlawful acts.
RECORD OF CASES INVESTIGATED.
76. You must keep a record of every case investigated by you and
reported to this office (a blank record book for which purpose will be fur-
nished you), showing every action taken in each case until it is finally
disposed of and settled; and, within thirty days after the lst day
of January and July, in each year, you must transmit to this office a
transcript from said record book showing the exact status of each and
every case recorded therein.
This is a most important part of your duty and must be strictly ad-
hered to, in order that every case may be promptly disposed of, and
that none may go by default on account of neglect on the part of this
office or its agents; and also that you may be able to report at once to
this office the exact status of any case when called upon.
WEEKLY REPORTS.
77. You are required to furnish this office, each week, with a report
giving a brief statement of your official acts each day of the week.
(See Form 2, Appendix, page 33).
78. Such weekly reports are necessary to the prompt adjustment of
your accounts, and no allowance will be made in any instance for time
not so reported upon.
79. In making out such reports state each day, in the proper column
the day of the month, the day of the week, and the name of the place
at which you are stopping or which you visit.
80. Under the head of nature of business, state the time of departure
from and arrival at each place visited, the object of the visit, and a
brief statement as to the nature of the business transacted.
81. After every statement of a journey made in which a transporta-
tion order is used put the initials T. O., give the number of the order
used, and the initials of the route over which you traveled.
82. Such terms as “attending to official business;” ‘‘engaged in
office work;” ‘ writing official communications,” &¢., are not suffi-
ciently specific, and wil! not be accepted by this office. You must state
the nature of the official business or office work or the names of parties
written to, and when investigating cases of trespass give the names of
19
the alleged trespassers or parties interviewed or description of land
examined.
83. You must make a special and full report in each case investigated,
at an early'day thereafter.
84. Information which is to be a matter of record in any pending
trespass case must not be furnished in weekly reports, but must be
made the subject of a separate report.
85. A failure to comply with any of the above instructions will neces-
sitate the return of your weekly reports for correction and subject your
monthly account to suspension.
EXPENSES OF SPECIAL TIMBER AGENTS.
86. In addition to your salary you will be allowed the actual and
necessary expenses incurred by you While attending to your official
duties.
87. Office circular of June 20, 1882 (copy herewith), will furnish you
with full information as to what constitutes your actual and necessary
expenses, and how to make out and transmit your monthly accounts
for settlement.
88. Letters transmitting monthly accounts must relate solely to said
accounts.
89. You are especially instructed not to ineur any indebtedness in
surveying land and sealing timber, or for any other purpose, beyond
your salary and personal expenses, without special instructions from
this office in each case.
TRANSPORTATION ORDERS.
90. You will be furnished, for your official use, with a supply of rail-
road transportation orders, with stubs attached.
91. In traveling, in every case use a transportation order where the
railroad company will accept the same and furnish transportation in
accordance therewith, using the orders in their numerical order.
92. In cases where the oflicials of any railroad company refuse to ac--
cept said orders or furnish transportation thereupon you will purchase
a ticket, taking a stamped receipt therefor from the ticket agent, and
transmit said receipt to this office with your monthly account; and in
your letter of transmittal state the reasons assigned by the officers of
the railroad company for refusing to accept of the transportation order.
(Subsidized roads named in circular of June 20, 1882, are compelled by
law to accept such transportation orders, and no charge by a special
timber agent for fare on any of said roads will be allowed by this
office.)
93. With each monthly account forward the stubs of all transporta-
tion orders used during the time covered by said account.
94. Never allow your supply of transportation orders to become ex-
hausted; a failure to apply for a renewal of the same in time will not
be excused, except in cases of an unavoidable contingency where rea-
ons can be assigned satisfactory to this office.
95. In applying for a new supply of transportation orders in every
instance state the number of orders you have on hand at the date of
making such application.
96. Paragraph 27 of office circular of June 20, 1882 (copy herewith),
relative to use of transportation orders is hereby rescinded.
20
SPECIAL INSTRUCTIONS.
97. It isa waste of time for special timber agents to write long letters
to this office stating that a number of persons are committing depreda-
tions upon Government timber, neglecting to furnish particulars. No
intelligent action can be taken in any case, by this office, unless all the
information called for in the form of report is furnished.
98. Your services will not be valued by the length or number of your
communications, but by their utility.
99. Every case of trespass must be made the subject of a report sepa-
rate and distinct in itself.
100. Important facts in any case which has been previously reported
must be made the subject of a separate communication. :
101, All reports of trespass, sworn statements, and propositions of
settlement, all releases and affidavits, and all papers requiring official
action by this office (except monthly accounts and weekly reports), must
be transmitted in duplicate. You should also keep a copyof each paper
for your own information.
102. Should you at any time need legal advice relative to the laws
concerning timber depredations, you will consult with the United States
attorney for the State or Territory assigned you.
103. Should you require diagrams of township plats to enable you to
locate a trespass, you will apply to the register and receiver of the land
district in which the landis situated, who will furnish them to you with-
out charge.
104. These diagrams should show the tracts which are vacant public
lands, and those upon which there are homestead, preemption, or other
entries.
105. When you are assigned to duty, some certain city or town in the
district over which you are put in charge, centrally located, will be des-
ignated as your headquarters, for the purpose of having some specified
place as your post office address, where communications from this office
may be mailed you.
106. When you expect to be absent from the vicinity of your head-
guarters for any length of time, you will leave directions with the post-
master where to forward your mail.
107. It is not expected that you will permanently reside at the place
designated as your headquarters, or that you will remain there contin-
‘uously; you cannot in that way become an efficient or valuable special
timber agent.
108. To familiarize yourself with the timber business of your district,
and at the same time to ascertain what action can be taken to prevent
the waste and destruction of public timber and to preserve it for legiti-
inate uses, itis necessary for you to visit the timber lands of your dis-
trict and acquire such knowledge by personal observation.
109. A special timber agent who feels an interest in the good of the
public service and the special duties devolved upon him will, during the
greater portion of the time, be in the field.
110. You will be furnished by this office, for your official use, with a
supply of stationery and the following blank forms, viz: oath of office ;
weekly reports; vouchers for board and lodging, special transportation,
and miscellaneous expenditures; railroad transportation orders; physi-
cian’s certificate ; report of timber trespass; release of timber or lumber ;
propositions for settlement; affidavits as to mineral character of land
and affidavits as to non-mineral character of land. (See Forms 1 to 12,
Appendix, pages 33 to 36.)
fl eed spn Us ol BJ we, Ge
-
LAWS RELATIVE TO THE*PRESERVATION OF GOVERNMENT TIMBER.
LIVE-OAK AND RED CEDAR TIMBER.
re
[Revised Statutes of the United States. ]
Src. 2460. The President is authorized to employ so much of the land and naval forces
of the United States as may be necessary effectually to prevent the felling, cutting down,
or other destruction of the timber of the United States, in Florida, and to prevent the
transportation or carrying away any such timber as may be already felled or cut down;
and to take such other and further measures as may be deemed advisable for the preser-
vation of the timber of the United States in Florida.
Sec, 2461. If any person shall cut, or cause or procure to be cut, or aid, assist, or be
employed in cutting, or shall wantonly destroy, or cause or procure to be wantonly de-
stroyed, or aid, assist, or be employed in wantonly destroying any live-oak or red cedar
trees or other timber standing, growing, or being on any lands of the United States
which in pursuance of any law passed, or hereafter to be passed, have been reserved or
purchased for the use of the United States, for supplying or furnishing therefrom timber
for the Navy of the United States; or if any person shall remove, or cause, or procure to
be removed, or aid, or assist, or be employed in removing from any such lands which have
been reserved or purchased, any live-oak or red cedar trees, or other timber, unless duly
authorized so to do, by order, in writing, of a competent officer, and for the use of the Navy
of the United States, or if any person shall cut, or cause or procure to be cut, or aid, or
assist, or be employed in cutting any live-oak or red cedar trees, or other timber on, orshall
remoye, or cause or procure to be removed, or aid or assist, or be employed in removing
any live-oak or red cedar trees or other timber, from any other lands of the United States,
acquired, or hereafter to be acquired, with intent to export, dispose of, use, or employ the
same in any manner whatsoever, other than for the use of the Navy of the United
States, every such person shall pay a fine not less than triple the value of the trees or
timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve
months. (See 4751.)
SEc. 2462. If the master, owner, or consignee of any vessel shall knowingly take on
board any timber cut on lands which have been reserved or purchased as in the preced-
ing section prescribed, without proper authority, and for the use of the Navy of the United
States; or shall take on board any live-oak or red cedar timber cut on any other lands of the
United States, with intent to transport the same to any port or place within the United
States; or to export the same to any foreign country, the vessel on board of which the
same shall be taken, transported or seized, shall, with her tackle, apparel, and furniture,
be wholly forfeited to the United States, and the captain or master of such vessel
wherein the same was exported to any foreign country against the provisions of this sec-
tion shall i and pay to the United States a sum not exceeding one thousand dollars.
(See 4751.
Src. 2463. It shall be the duty of all collectors of the customs within the States of
Alabama, Mississippi, Louisiana, and Florida, before allowing a clearance to any vessel
laden in whole or in part with live-oak timber, to ascertain satisfactorily that such tim-
ber was cut from private lands, or, if from public ones, by consent of the Navy Depart-
ment. And it is also made the duty of all officers of the customs, and of the land offi-
cers within those States to cause prosecutions to be seasonably instituted against all per-
sons known to be guilty of depredations on, or injuries to, the live-oak growing on pub-
lic lands. (See 4205, 4751.)
Src. 4205. Collectors of the collection districts within the States of Florida, Alabama,
Mississippi, and Louisiana, before allowing a clearance to any vessel laden in whole or
in part with live-oak timber, shall ascertain satisfactorily that such timber was cut from
private lands, or, if from public lands, by consent of the Department of the Navy. (See
2463. )
21
22
Ssc. 4751. All penalties and forfeitures incurred under the provisions of sections
twenty-four hundred and sixty-three, Title ‘‘The Public Lands,’’ shall be sued for, re-
covered, distributed, and accounted for, under the directions of the Secretary of the Navy,
and shall be paid over, one-half to the informers, if any, or captors, where seized, and
the other half to the Secretary of the Navy for the use of the Navy pension fund; and
the Secretary is authorized to mitigate, in whole or in part, on such terms and condi-
tions as he deems proper, by an order in writing, any fine, penalty, or forfeiture so
incurred.
DEPREDATIONS ON TIMBER LANDS.
Sec. 5388. Every person who unlawfully cuts, or aids or is employed in unlawfully
cutting, or wantonly destroys, or procures to be wantonly destroyed, any timber stand-
ing upon lands of the United States which in pursuance of law may be reserved or pur-
chased for military or other purposes, shall pay a fine of not more than five hundred
dollars and be imprisoned not more than twelve months. (See 2460-2463. )
PROTECTION OF ORNAMENTAL AND OTHER TREES ON GOVERNMENT RESERVATIONS.
[Chapter 151, Supplement to the Revised Statutes. ]
Be it enacted, &c. * * *
Section 1. That if any person or persons shall knowingly and unlawfully cut, or
shall knowingly aid, assist or be employed in unlawfully cutting, or shall wantonly de-
stroy or injure, or procure to be wantonly destroyed or injured, any timber-tree or any
shade or ornamental tree, or any other kind of tree, standing, growing, or being upon
any land of the United States, which, in pursuance of law, have been reserved, or which
have been purchased by the United States for any public use, every such person or per-
sons so offending, on conviction thereof before any circuit or district court of the United
States, shall, for every such offense, pay a fine not exceeding five hundred dollars, or
shall be imprisoned not exceeding twelve months.
Sec. 2. That if any person or persons shall knowingly and unlawfully break, open,
or destroy any gate, fence, hedge, or wall inciosing any lands of the United States, which
have, in pursuance of any law, been reserved or purchased by the United States for any
public use, every such person so offending, on conviction, shall, for every such offense, pay
a fine not exceeding two hundred dollars, or be imprisoned not exceeding six months.
Src. 3. That if any person or persons shall knowingly and unlawfully break, open,
or destroy any gate, fence, hedge, or wall inclosing any lands of the United States, re-
served or purchased as aforesaid, and shall drive any cattle, horses, or hogs upon the
lands aforesaid for the purpose of destroying the grass or trees on the said grounds, or
where they may destroy the said grass or trees, or if any such person or persons shall
knowingly permit his or their cattle, horses or hogs to enter through any of said inclos-
ures upon the lands of the United States aforesaid where the said cattle, horses or hogs
may or can destroy the grass or trees or other property of the United States on the said
land, every such person or persons so offending, on conviction, shall pay a fine not exceed-
ing five hundred dollars, or be imprisoned not exceeding twelve months: Provided, That
nothing in this act shall be construed to apply to unsurveyed public lands, and to public
jands subject to pre-emption and homestead laws; or to public lands subject to an act to
promote the development of the mining resources of the United States, approved May
tenth, eighteen hundred and seventy-two. (March 3, 1875.)
TIMBER LANDS IN THE STATES OF CALIFORNIA, OREGON, NEVADA, AND IN WASH-
INGTON TERRITORY.
{Chapter 151; approved June 3, 1878 (20 Stat., 89).]
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That surveyed public lands of the United States within the States of
California, Oregon, and Nevada, and in Washington Territory, not included within mili-
tary, Indian, or other reservations of the United States, valuable chiefly for timber, but
unfit for cultivation, and which have not been offered at public sale according to law,
may be sold to citizens of the United States, or persons who have declared their inten-
tion to become such, in quantities not exceeding one hundred and sixty acres to any one
person or association of persons, at the minimum price of two dollars and fifty cents per_
acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands:
Provided, That nothing herein contained shail defeat or impair any bona fide claim under
any law of the United States, or authorize the sale of any mining claim, or the improve-
23
ments of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal,
or lands selected by the said States under any law of the United States donating lands
for internal improvements, education, or other purposes: And provided further, That
none of the rights conferred by the act approved July twenty-sixth, eighteen hundred
and sixty-six, entitled ‘‘ An act granting the right of way to ditch and canal owners over
the public lands, and for other purposes,’’ shall be abrogated by this act; and all patents
granted shall be subject to any vested and accrued water rights, or rights to ditches and
reservoirs used in connection with such water rights, as may have been acquired under
and by the provisions of said act; and such rights shall be expressly reserved in any pat-
ent issued under this act.
Sec. 2. That any person desiring to avail himself of the provisions of this act shall file
with the register of the proper district a written statement in duplicate, one of which is
to be transmitted to the General Land Office, designating by legal subdivisions the par-
ticular tract of land he desires to purchase, setting forth that the same is unfit for culti-
vation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no
mining or other improvements, except for ditch or canal purposes, where any such do
exist, save such as were made by or belong to the applicant, nor, as deponent verily be-
lieves, any valuable deposit of gold, silver, cinnabar, copper, or coal; that deponent has
made no other application under this act; that he does not apply to purchase the same
on speculation, but in good faith to appropriate it to his own exclusive use and benefit;
and that he has not, directly or indirectly, made any agreement or contract, in any way
or manner, with any person or persons whomsoever, by which the title which he might
acquire from the Government of the United States should inure, in whole or in part, to
the benefit of any person except himself; which statement must be verified by the oath
of the applicant before the register or the receiver of the land office within the district
where the land is situated; and if any person taking such oath shall swear falsely in the
premises, he shall be subject to all the pains and penalties of perjury, and shall forfeit
the money which he may have paid for said lands, and all right and title to the same;
and any grant or conveyance which he may have made, except in the hands of bona fide
purchasers, shall be null and void.
Src. 3. That upon the filing of said statement, as provided in the second section of this
act, the register of the land office shall post a notice of such application, embracing a de-
scription of the land by legal subdivisions, in his office, for a period of sixty days, and
shall furnish the applicant a copy of the same for publication, at the expense of such ap-
plicant, in a newspaper published nearest the location of the premises, for a like period
of time; and after the expiration of said sixty days, if no adverse claim shall have been
filed, the person desiring to purchase shall furnish to the register of the land office satis-
factory evidence, first, that said notice of the application prepared by the register asafore-
said was duly published in a newspaper as herein required; secondly, that the land is of
the character contemplated in this act, unoccupied and without improvements, other
than those excepted, either mining or agricultural, and that it apparently contains no
valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the
proper officer of the purchase-money of said land, together with the fees of the register
and the receiver, as provided for in case of mining claims in the twelfth section of the
act approved May tenth, eighteen hundred and seventy-two, the applicant may be per-
mitted to enter said tract, and, on the transmission to the General Land Office of the pa-
pers and testimony in the case, a patent shall issue thereon: Provided, That any person
having a valid claim to any portion of the land may object, in writing, to the issuance
of a patent to lands so held by him, stating the nature of his claim thereto; and evidence
shall be taken, and the merits of said objection shall be determined by the officers of the
land office, subject to appeal, as in other land cases. Effect shall be given to the fore-
going provisions of this act by regulations to be prescribed by the Commissioner of the
General Land Office.
Src. 4. That after the passage of this act it shall be unlawful to cut, or cause or pro-
eure to be cut, or wantonly destroy, any timber growing on any lands of the United
States, in said States and Territory, or remove, or cause to be removed, any timber from
said public lands, with intent to export or dispose of the same; and no owner, master, or
consignee of any vessel, or owner, director, or agent of any railroad, shall knowingly
transport the same, or any lumber manufactured therefrom; and any person violating
the provisions of this section shall be guilty of a misdemeanor, and, on conviction, shall
be fined for every such offense asum not less than one hundred nor more than one thou-
sand dollars: Provided, That nothing herein contained shall prevent any miner or agri-
culturist from clearing his land in the ordinary working of his mining claim, or prepar-
ing his farm for tillage, or from taking the timber necessary to support his improvements,
or the taking of timber for the use of the United States; and the penalties herein
provided shall not take effect until ninety days after the passage of this act.
Sec. 5. That any person prosecuted in said States and Territory for violating section
24
two thousand four hundred and sixty-one of the Revised Statutes of the United States
who is not prosecuted for cutting timber for export from the United States, may be re-
lieved from further prosecution and liability therefor upon payment, into the court
wherein said action is pending, of the sum of two dollars and fifty cents per acre for all
lands on which he shall have cut or caused to be cut timber, or removed or caused to be
removed the same: Provided, That nothing contained in this section shall be construed
as granting to the person hereby relieved the title to said lands for said payment; but
he shall have the right to purchase the same upon the same terms and conditions as
other persons, as provided hereinbefore in this act: And further provided, That all
moneys collected under this act shall be covered into the Treasury of the United States.
And section four thousand seven hundred and fifty-one of the Revised Statutes is hereby
repealed, so far as it relates to the States and Territory herein named.
Sec. 6. That all acts and parts of acts inconsistent with the provisions of this act are
hereby repealed.
The following circular of instructions relative to the preceding act
has been issued by this office:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., August 15, 1878.
To Registers and Receivers ane United States Land Offices:
GENTLEMEN: The following is a review of the provisions of the act entitled ‘‘ An Act
for the sale of timber lands in the States of California, Oregon, Nevada, and in Wash-
ington Territory,’’? approved June 3, 1878. and of the act approved same date, entitled
‘“An act authorizing the citizens of Colorado, Nevada, and the Territories to fell and
remove timber on the public domain for mining and domestic purposes,’’ so far as they
relate to the privilege of cutting and removing timber from the public lands of the
United States, the punishment therefor, or to the protection of ‘“‘timber and of the
undergrowth’’ growing upon the public lands. Copies of these acts are annexed.
The fourth section of the first mentioned act provides that ‘‘it shall be unlawful to cut,
or cause or procure to be cut, or wantonly destroy, any timber growing on any lands of
the United States, in said States and Territory, or remove, or cause to be removed, any
timber from said public lands, with intent to export or dispose of the same; and no
owner, master or consignee of any vessel, or owner, director, or agent of any railroad, shall
knowingly transport the same, or any lumber manufactured therefrom. Any person vio-
lating the provisions of this section shall be guilty of a misdemeanor, and, on conviction,
shall be fined for every such offense a sum not less than one hundred nor more than one
thousand dollars.’? Provision is also embraced in said section that ‘‘ the penalties herein
provided shall not take effect until ninety days after the passage of this act.’’ This
section also contains a proviso, as follows: ‘‘ And nothing herein contained shall prevent
any miner or agriculturist from clearing his land in the ordinary working of his mining
claim, or preparing his farm for tillage, or from taking the timber necessary to support
his improvements, or the taking of timber for the use of the United States.’’ The pen-
alty provided for in this section takes effect after the 1st day of September, 1878, and
applies to cutting for any purpose other than that mentioned in this proviso, such as the
wanton destruction of timber, or its removal for export or disposal.
In the States and Territory mentioned the effort of the Executive will in the future
be directed to the proper punishment of parties who may cut for purposes not authorized
by the statute under consideration, and to the prevention, so far as practicable, of further
trespass against the general law.
The fifth section of the act provides ‘‘ that any person prosecuted in said States and
Territory for violating section 2461 of the Revised Statutes of the United States, who is
not prosecuted for cutting timber for export from the United States, may be relieved from
further prosecution and liability therefor upon payment, into the court wherein said ac-
tion is pending, of the sum of two dollars and fifty cents ($2.50) per acre for all lands on
which he shall have cut or caused to be cut timber, or removed or caused to be removed
the same: Provided, That nothing contained in this section shall be construed as grant-
ing to the person hereby relieved the title to said lands for said payment; but he shall
have the right to purchase the same upon the same ternisand conditions as other persons,
as provided hereinbefore in this act.’’ This provision is applicable alike to cases pend-
ing at the time of the passage of the act, and to such cases as have been since or may
hereafter be commenced. ;
Section 5 also contains provision that all moneys collected under this act shall be cov-
ered into the Treasury of the United States, and section 4751 of the Revised Statutes of
the United States, which authorizes the penalties and forfeitures incurred under sections
————— ee
25
2461 and 2462 of the Revised Statutes, to be sued for, recovered and accounted for, under
the direction of the Secretary of the Navy, is repealed, so far as it relates to these States
and Territory.
By the provisions of the iast-mentioned act ‘‘all citizens of the United States and other
persons bona fide residents of the States of Colorado, Nevada, or either of the Territories
of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, and Montana, and all other
mineral districts of the United States, are authorized and permitted to fell and remove
for building, agricultural, mining, or other domestic purposes, any timber or other trees
growing or being upon the public lands, said lands being mineral and not subject to entry
under the existing laws of the United States, except for mineral entry in either of said
States, Territories, or districts of which such citizens may be at the time bona fide resi-
dents, subject to such rules and regulations as the Secretary of the Interior may prescribe
for protection of the timber, and of the undergrowth growing upon such lands, and for
other purposes.’ S
The first section contains a provision that this act shall not extend to railroad corpora-
tions. A copy of the rules and regulations prescribed by the Secretary of the Interior,
for the protection of the timber and of the undergrowth growing upon the mineral lands
of the United States, in compliance with this provision, is printed herewith. The sec-
ond section of this act makes it the duty of the register and receiver of any local land
office in whose district any mineral land may be situated to ascertain from time to time
whether any timber is being cut or used upon any of the mineral lands, except for the
purposes authorized by this act, within their respective land districts; and if so, they
are required to notify the Commissioner of the General Land Office of that fact.
These reports will be made by the registers and receivers separately from those relat-
ing to any other subject, and will give the details of any violation of the provisions of
this act.
Theregisters and receivers are allowed all necessary expenses incurred in making such
proper examinations in regard to violations of the provisions of this act, which will be
paid and allowed them in making up their next quarterly accounts.
The third section provides that ‘‘any person or persons who shall violate the provisions
of this act, or any rules and regulations in pursuance thereof made by the Secretary of
the Interior, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined
in any sum not exceeding five hundred dollars, and to which may be added imprisonment
for any term not exceeding six months.’
When violations of the provisions of this act are brought to the attention of this Office,
either by report from the registers and receivers, or by other persons who, as good citi-
zens, may feel an interest in the protection of the public timber, if the facts are deemed
sufficient to warrant prosecutions, they will be brought to the attention of the Depart-
ment of Justice, that instructions may be given to the proper District Attorney to insti-
tute legal proceedings.
RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF THE INTERIOR FOR
THE PROTECTION OF TIMBER, ETC,
Rules and regulations prescribed by the Secretary of the Interior for the protection of
the timber and of the undergrowth growing upon mineral lands of the United States, not
subject to entry under existing laws of the United States, except for mineral entry in the
States of Colorado and Nevada, or in the Territories of New Mexico, Arizona, Utah,
Wyoming, Dakota, Idaho, or Montana, and in all other mineral districts of the United
States, in compliance with the provisions of an act approved June 3, 1878, entitled ‘‘ An
act authorizing the citizens of Colorado, Nevada, and the Territories to fell and remove
timber on the public domain for mining and domestic purposes. ’’
With the view to and the intention of preserving the young timber and undergrowth
upon the mineral lands of the United States, and to the end that the mountain sides may
not be left denuded and barren of the timber and undergrowth necessary to prevent the
precipitation of the rain-fall and melting snows in floods upon the fertile arable lands in
the valleys below, thus destroying the agricultural and pasturage interests of the mineral
and mountainous portions of the country, I do hereby make and cause to be promulgated,
by virtue of the power vested in me by the act entitled ‘‘ An act authorizing the citizens
of Colorado, Nevada, and the Territories (excepting Washington Territory) to fell and
remove timber on the public domain for mining and domestic purposes,’’ the following
rules and regulations:
1. Section 2461, Revised Statutes, is still in force in all of the States and Territories
named in the bill, and its provisions may be enforced, as heretofore, against persons tres-
passing upon any other than lands which are in fact mineral, or have been withdrawn as
such; and in all cases where trespasses are committed upon the timber upon public lands
which are not mineral, the trespassers will be prosecuted under said section.
26
2. It shall be unlawful for any person to cut or remove, or cause to be cut or removed,
from any of the mineral lands of the United States any timber or undergrowth of any
kind whatsoever less than 8 inches in diameter, and any person so offending shall be li-
able to be fined, in comphance with the provisions of the third section of said act, in any
sum not exceeding five hundred dollars, and to which may be added imprisonment for
any term not exceeding six months.
x % * * % *% *
Very respectfully, 5 cia WA ORC
NEN Commissioner.
DEPARTMENT OF THE INTERIOR, August 16, 1878.
The foregoing is hereby approved.
C. SCHURZ,
Secretary.
Rules 3 and 4 have been revoked.
In so far as the above circular relates to the act of June 3, 1878, en-
titled, “An act authorizing the citizens of Colorado, Nevada, and the
Territories to fell and remove timber on the public domain for mining
and domestic purposes,” the provisions contamed therein have been
modified and rescinded by circular of June 30, 1882, approved July 1,
1882. (See ‘“ Mineral lands,” paragraph 14, pages 7 and 8.)
SETTLEMENT OF TRESPASS BY PURCHASE OF THE LAND TRESPASSED UPON.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That when any lands of the United States shall have been entered
and the Government price paid therefor in full no criminal suit or proceeding by or in
the name of the United States shall thereafter be had or further maintained for any
trespasses upon or for or on account of any material taken from said lands, and no civil
suit or proceeding shall be had or further maintained for or on account of any trespasses
upon or material taken from the said lands of the United States in the ordinary clearing
of land, in working a mining claim, or for agricultural or domestic purposes, or for main-
taining improvements upon the land of any bona fide settler, or for or on account of any
timber or material taken or used by any person without fault or knowledge of the tres-
pass or for or on account of any timber taken or used without fraud or collusion by any per-
son whoin good faith paid the officers or agents of the United States for the same or for
or on account of any alleged conspiracy in relation thereto: Provided, That the provisions
of this section shall apply only to trespasses and acts done or committed and conspira-
cies entered into prior to March first, eighteen hundred and seventy-nine: And provided
further, That defendants in such suits or proceedings shall exhibit to the proper courts
or officer the evidence of such entry and payment and shall pay all costs accrued up to
the time of such entry.
Sec. 2. That persons who have heretofore under any of the homestead laws entered
lands properly subject to such entry, or persons to whom the right of those having so
entered for homesteads may have been attempted to be transferred by bona fide instru-
ment in writing, may entitle themselves to said lands by paying the Government price
therefor, and in no case less than one dollar and twenty-five cents per acre, and the
amount heretotore paid the Government upon said lands shall be taken as part payment
of said price: Provided, This shall in no wise interfere with the rights or claims of others
who may have subsequently entered such lands under the homestead laws.
Sec. 3. That the price of lands now subject to entry which were raised to two dollars
and fifty cents per acre, and put in market prior to January, eighteen hundred and sixty-
one, by reason of the grant of alternate sections for railroad purposes is hereby reduced.
to one dollar and twenty-five cents per acre.
- Sec. 4. This act shall not apply to any of the mineral lands of the United States; and
no person who shall be prosecuted for or proceeded against on account of any trespass
committed or material taken from any of the public lands after March first, eighteen
hundred and seventy-nine, shall be entitled to the benefit thereof.
Approved June 15, 1880.
27
The following circular of instructions has been issued under the
above act:
: DEPARTMENT OF THE INTERIOR,
, GENERAL LAND OFFICE,
Washington, D. C., October 9, 1880.
Registers and Receivers United States Land Offiees:
‘GENTLEMEN: In carrying out the provisions of the act of Congress of June 15, 1880,
entitled ‘* An act relating to the public lands of the United States,’’ you will be gov-
erned by the following instructions supplemental to, and in lieu of, the ciretlar of this
office of July 17, 1880, which is hereby rescinded.
1. The first section of said act provides that when any lands of the United States shall
have been entéred, and the Government price paid therefor, no suits or proceedings on
account of trespasses committed*thereon prior to March 1, 1879, shall be had or main-
tained.
2. This section extends to such trespassers the privilege of paying for the land upon
which the trespass was committed at the legal price per acre at date of entry.
3. The privilege of purchase under said section is not confined to lands subject to
ordinary private entry, but extends to any lands, not mineral, subject to disposal under
existing general laws.
4. No entry can be allowed under this section if the valid subsisting claim of another
person shall have attached prior to the application to purchase.
5. Where lands are plainly subject to ordinary private entry, no special application to
purchase, other than the usual application in cases of private entry, is required in order
to enable the purchaser to avail himself of the benetits of the act.
6. When lands are not plainly subject to ordinary private entry, and application to
purchase the same shall be made with a view to securing the immunity contemplated
by said section, you will require the application to be presented under oath of the ap-
plicant, giving a full and detailed statement of all the facts upon which he bases his
claim to purchase. Such sworn statement should be corroborated by the affidavits of
credible witnesses, and you will thereupon forward all the papers in a special letter to
this office, allowing no entry until so directed.
7. Under the second section, duly qualified persons who, prior to June 15, 1880,
entered, under any of the homestead laws, lands properly subject to such entry are per-
mitted to obtain title by paying the Government price, less the fee and commissions paid
at date of original entry.
8. In allowing entries of this class, you will require proof that the party was twenty-
one years of age, was a citizen, or had declared his intention to become a citizen of the
United States, and was in other respects entitled to make the entry.
9. When homestead entries, made prior to June 15, 1880, have been attempted to be
transferred by bona fide instrument in writing, the persons to whom such transfers were
made are authorized to obtain title by like payments, and with like deduction of fees
and commissions, as in the case of original homestead parties. l
10. In permitting purchases, by transferees of homestead rights, you will first ascer-
tain whether the original homestead entry was a valid entry under the homestead laws.
You will then require the instrument in writing by which it was sought to transfer such
homestead right, to be filed, together with the best evidence attainable of the bona fide
character of the transfer, including the affidavit of the party who seeks to purchase.
You will also require satisfactory proof that the attempted transfer was made prior to
June 15, 1880.
11. You will exercise all possible care in allowing purchases of the above character,
as it is not improbable that fraudulent entries will be attempted, and the proper execu-
tion of the law will largely depend upon your vigilance and discretion. In cases wherein
you entertain a doubt of the propriety of allowing the application to purchase, you
should refer all the papers to this office, with a full statement of facts and your opinion.
12. No entry will be allowed under the second section when the original homestead
entry was not a valid entry; nor when an entry under the homestead laws shall have
been made on the same land subsequent to the original entry; nor if the land was em-
braced in a prior valid entry at the date of such original homestead entry; nor where
adverse legal rights of any character exist at the date of the application to purchase.
13. Applications to purchase under the second section will be made on Form No. 18,
as in case of ordinary cash entry, and must be accompanied by the receiver’s duplicate
homestead receipt; or, if that has been lost or destroyed, by an affidavit setting forth
such fact, and giving the register’s and receiver’s number, and the date of the original
homestead entry. It must also be stated in the application that the same is made under
the second section of the act of June 15, 1880.
14. Where the duplicate receipt has been lost or destroyed, and the application to pur-
28
chase is made by the original homestead party, the applicant must make oath that he
has not transferred nor attempted to transfer his homestead rights under said entry, nor
assigned his right to receive the repayment of the fees, commissions, and excess pay-
ments paid thereon.
15. In each case of an entry under the second section the register will certify to the
receiver the amount to be allowed as credit for fees, commissions, and excesses already
paid; the applicant first making oath that said fees, commissions and excess payments.
have not been repaid, and that no application for such repayment has been made.
16. Entries under the second section will receive current register’s and receiver’s
numbers in the regular cash series, and will be returned in the same manner as in other
cases of cash entry, referring, however, in each instance, on your cash abstracts, certifi-
cates, and receipts, to the date of the act authorizing the entry, the register’s and re-
ceiver’s number of the original homestead application, and the amount allowed as credit
for fees and commissions, as follows: ‘‘ Act June 15, 1880. Original homestead entry
No. Credit for fees and commissions, $ ae
17. The areas of said homestead entries, having been heretofore reported, will be de-
ducted from the footings of your cash abstracts, and the aggregate of such entries will be
stated in red ink in your recapitulations.
18. The amount received under said second section will be accounted for by the re-
ceiver, as in case of other cash sales, except that in his quarterly detailed account he will
note the date of the act opposite each entry of this class, and will state the areas in red
ink, and will not include the same in his footings. In his recapitulation and in his con-
densed quarterly accounts-current, he will make a separate entry, as follows: ‘‘Sales.
under the second section, act of June 15, 1880, $——.”’
19. Final homestead proof not being required in these cases, no advertisement or no-
tice of intention to make final proof is necessary, and no final homestead fees are to be
paid or collected.
20. Warrants and scrip made receivable by law for lands subject to sale at private en-
try, or in commutation of homestead or pre-emption rights, and certificates of deposit on
account of surveys, will be deemed receivable tor lands purchased under the second sec-
tion of act of June 15, 1880.
21. The existing rule must, however, be observed, that where the value of warrants.
or scrip exceeds that of the land entered therewith no repayment is authorized, but the
warrant orscrip applied must befully surrendered. Insuch case there would be no claim
for repayment on account of the fees and commissions paid on the original homestead
entry.
22. The third section reduces to one dollar and twenty-five cents per acre the price of
any lands which were subject to ordinary private entry at two dollars and fifty cents per
acre at the date of the approval of the act, having been doubled in price by reason of the
grant of alternate sections for railroad purposes, and which were put in market at that
price prior to the 1st of January, 1861. Lands which have not been put in market for
sale at ordinary private entry at two dollars and fifty cents per acre, or which were so
put in market subsequent to the Ist of January, 1861, are not changed in price by this
section. You will carefully observe the rule, as to price, thus introduced. By reference
to your official records it will be in your power to ascertain the facts with regard to any
lands from which to decide as to the applicability of the rule to such lands. In case of
doubt you may correct your records to exhibit the facts by correspondence with this
office.
23. You will further oberve that, under section 4, none of the provisions of this act
apply to mineral lands, and that no person is entitled to the benefit of any provision of
the entire act who falls within the inhibition named in this section.
Very respectfully,
C. W. HOLCOMB,
Acting Commissioner.
DEPARTMENT OF THE INTERIOR,
October 15, 1880.
Approved:
C. SCHURZ,
Secretary.
COMPROMISE,
[Section 3469, Revised Statutes. ]
Upon a report by a district attorney, or any special attorney having charge of any
claim in favor of the United States, showing in detail the condition of such claim, and
29
the terms upon which the same may be compromised, and recommending that it be com-
promised upon the terms so offered, and upon the recommendation of the Solicitor of
the Treasury, the Secretary of the Treasury is authorized to compromise such claim ac-
cordingly. But the provisions of this section shall not apply to any claim arising under
the postal laws.
EXTRACTS FROM OPINIONS AND DECISIONS.
The following opinions and decisions are published for your information:
-Ist. Attorney-General Wirt, ig an opinion of the 27th May, 1821, holds as follows:
“*TIndependent of positive legislative provisions, I apprehend that, in relation to all
property, real or personal, which the United States are authorized by the Constitution
to hold, they have all the civil remedies, whether for the prevention or redress of inju-
ries, which individuals possess. (See 3 Wheatgn, 181.) So the United States, being au-
thorized to accept and to hold these lands for the common good, must have all the legal
means of protecting the property thus confided to them that individuals enjoy in like
eases. * * * They are, therefore, in my opinion, entitled to the injuction of waste
‘by way of prevention, and to the action of trespass by way of punishment, in like man-
ner as individuals, similarly situated, are entitled to them.”’
2d, Attorney-General Taney, now Chief-Justice of the United States, in an opinion of
22d August, 1833, cites this opinion of Mr, Wirt, and concurs in it.
3d. Attorney-General Mason, in a communication of 16th July, 1845, refers to the
opinion of Attorney-General Nelson, of the 11th August, 1843, and, in concurring in it,
states that ‘when the right of pre-emption exists, the settler who has complied with
the provisions of the act of 4th September, 1841, has a right of occupancy for twelve
months, within which he may perfect his title by paying the minimum price of the
land. Like the settlers under the armed occupation act, his right is inchoate only; and
he has only those rights of property which are necessary to the perfecting of his title.
He may clear the land, build on it, and inclose it with a view to cultivation. For these
purposes he may use or destroy any trees which may be necessary, but within these re-
strictions, and necessary fire-wood, he is confined.”’
The penal act of 2d March, 1831, provides ‘‘for the punishment of offenses committed
in cutting, destroying, or removing live-oaks and other timber or trees preserved for
naval purposes. ’’
This act of 2d March, 1831, you will find fully considered in the case of the United
States vs. Ephraim Briggs (9 Howard, p. 351), in which the Supreme Court decided that
the said act authorized the prosecution and punishment of all trespassers on public lands
by cutting timber, whether such timber was fit for naval purposes or not.
4th. Judge Nelson, in the case of the United States vs. McEntee, in the United States
district court, Minnesota, October term, 1877, held as follows, McEntee being a settler
under the homestead law:
““The lands can be cleared and timber sold if cut down for the purpose of cultivation;
but if the sale and traffic is the only reason for severing the timber, and it is not done
with a view of improving the land, the intentions of the lawgiver are subverted.’’
5th. In the case of the United States vs. James A. Smith at the April term, 1882, of
the United States district court for the eastern district of Arkansas, where it was charged
that said Smith unlawfully cut and removed certain timber from lands belonging to the
United States in the State of Arkansas and converted the same into cordwood and rail-
road ties, and where evidence was produced to show that he purchased said timber from
parties who claimed to own the land upon which it stood, Judge Caldwell held as fol-
lows:
‘“‘Persons cutting and removing timber from lands are bound to know that they who
assumed to sell them the timber had the right to do so, and if they did not, the pur-
chaser is liable to the lawful owner of the timber for its value, and if the trees are
worked up into cordwood or railroad ties, such cordwood and ties are the property of
the owner of the land as much as the trees were, and the owner of the land is entitled
to recover the value of the timber in its new form, in other words, the value of the cord-
wood and railroad ties.’’
30
CIRCULARS OF A GENERAL CHARACTER,
RELATIVE TO PROTECTING TIMBER ON PUBLIC LAND FROM FOREST FIRES AND FROM
WANTON WASTE AND DESTRUCTION.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., September 19, 1882.
Mr.
b)
Special Timber Agent.
Str: The fact having been brought to the notice of this Department that extensive
forest fires from time to time, in different sections of the country, are destroying vast
amounts of timber upon the public lands, and no means have heretofore been provided
by the Government for the purpose of checking or preventing the same and preserving
the public timber from such destruction, you are hereby informed that it will hereafter
be a part of the duty of the special timber agents of the General Land Office te protect
and preserve the public timber from this kind of waste and destruction, as well from
destruction by the woodsman, or from any other source.
You are, therefore, hereby instructed to keep yourself fully informed as to the condi-
tion of the timber upon the public land in your district, and to use your best endeavors
to protect it trom waste and destruction from any and all sources; and to this end—
where there are State or Territorial laws for the preservation of timber—you are author-
ized and directed to coéperate with the State or Territorial authorities and to aid and
assist them in enforcing said laws.
Should you at any time receive information of any forest fire being in progress in your
district, you will at once proceed to the locality of the same and use all possible means
to check its progress and to extinguish it.
Should it be necessary to employ assistance in such a case, and the emergency be such
that it would be impossible to inform this office of that factand to receive special instruc-
tions, you are hereby authorized to expend a reasonable sum for such purpose, but you
will at once inform this office, by telegraph, of the number of persons so employed and
the total probable expense.
One of the most dangerous elements to contend with in case of forest fires, and one of
the principal auxiliaries to the spread of the same, is the dry tops of trees which parties
leave upon the ground after having cut and removed the timber for saw logs and other
purposes. When the tree tops can be profitably cut into wood, the person cutting such
trees on public land—when such cutting is authorized by law—must cut the tops into
wood, or at least cut up and pile the brush in such manner as to prevent the spread of
fires.
A failure on the part of woodsmen to utilize all of the tree that can profitably be used,
and to take reasonable precaution to prevent the spread of fires, will be regarded by this
office as wanton waste, and subject them to prosecution for wanton waste and destruc-
tion of public timber.
Very respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR, September 21, 1882.
Approved:
H. M. TELLER,
Secretary.
FOREST FIRES.
The following public notice relative to forest fires is furnished to spe-
cial timber agents, printed on cloth, for posting in conspicuous places in
their districts :
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., March 8, 1883.
The attention of the public is called to the fact that large quantities of the public tim-
ber are annually destroyed by forest fires which, in many cases, originate through the care-
less ness of hunting, prospecting, and other camping parties, while in some instances they
occur through design.
dl
_I take this method of warning all persons that hereafter the cause and origin of all fires
will be closely investigated, and where the fire is ascertained to have originated through
either carelessness or design the parties implicated will be prosecuted to the full ex-
tent of the law.
Sptcial timber agents are hereby directed to proceed against all offenders under the
local laws of the State or Territory relating to the unlawful setting out of fires in which
the same may occur.
The public generally are requested to aid the officers of the Government in its efforts
to check the evil referred to and in the punishment of all offenders.
N. C. MCFARLAND,
Commissioner.
CLASSIFICATION OF MESQUITE AS TIMBER.
(Circular. ]
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE.
Washington, D. C., October, 12, 1882.
To Registers and Receivers of United States Land Offices, and to Special Timber Agents of the
General Land Office.
GENTLEMEN: The rules and regulations heretofore prescribed in relation to the cut-
ting and removing of mesquite growing and being upon any of the public lands of the
United States—mineral in character—are hereby modified as follows:
The cutting and removing of mesquite is restricted and confined to actual settlers and
bona fide residents of the State or Territory who are citizens of the United States.
The cutting and removing of mesquite from the public lands of the United States—said
lands being mineral—is permitted for all building, agricultural, mining, and domestic
purposes needed in the development and improvement of the homes or mining interests
of such actual settlers, residents, or miners.
It is further permitted that mesquite may be cut and removed from the public mineral
lands for the purpose of selling the same to any actual settler or resident of the State or
Territory, but only for the uses and purposes hereinbefore described.
The cutting and removing of mesquite from any of the public mineral lands of the
United States for export from the State or Territory, or by, or for sale to, any railroad
company as an article of fuel or repair is strictly prohibited; the person or persons so of-
fending being liable to civil and criminal prosecution as provided by section 3 of the act
approved June 3, 1878, entitled ‘‘ An act authorizing the citizens of Colorado, Nevada,
and the Territories to fell and remove timber on the public domain for mining and do-
mestic purposes. ”’
The cutting and removing of mesquite from any of the public lands of the United
States—non-mineral in character—is strictly prohibited for any purpose, except the same
is to be used in building, fencing, or otherwise improving and cultivating the land or
claim from which the same is cut or removed.
Any person cutting or removing mesquite from non-mineral public lands of the United
States except for the purposes and uses above stated, is liable to punishment therefor un-
der Section 2461 Revised Statutes, both civilly and criminally.
Very respectfully, N. C. McFARLAND
a. Commissioner.
DEPARTMENT OF THE INTERIOR,
October 12, 1882.
The foregoing is hereby approved.
H. M. TELLER,
Secretary.
MEASURE OF DAMAGES TO WHICH THE GOVERNMENT IS ENTITLED FOR TIMBER TRES-
PASS.
The following circular relative to the manner of ascertaining the dam-
ages to which the Government is entitled under the several cases set
forth, is based upon the decision of the United States Supreme Court,
at its October term, 1882, in the case of Wooden-ware Company vs. The
United States (106 U. S., 452):
32
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington D. C., March 1, 1883.
Special Timber Agents, General Land Office, : }
GENTLEMEN: Respecting the measure of damages to which the Government is entitled
in settlement for timber trespass upon the public domain, the United States Supreme
Court has recently decided that—
1. Where the trespasser is a knowing and willful one, the full value of the property
at the time and place of demand, with no deduction for labor and expense of the de-
fendant, is the proper rule of damages.
2. Where the trespasser is an unintentional or mistaken one or an innocent purchaser
from such a trespasser, the value of the timber at the time when first taken by the tres-
passer, or if it has been converted into other material, its then value, less what the labor
and expense of the trespasser and his vender have added to its value, is the proper rule
of damages.
3. Where a person or corporationis a purchaser without notice of wrong from a willful
trespasser, the value at the time of purchase should be the measure of damages.
You will, therefore, in cases where settlement is contemplated, state the facts and
circumstances attending the cutting and the purchase of the timber, in such clear and
definite manner that the Supreme Court decision, above referred to, can be readily applied.
In cases where settlement with aninnocent purchaser of timber cut unintentionally,
through inadvertence or mistake, is contemplated, you are instructed to report as nearly
as possible the damage to the Government as measured by the valueof the timber before
cutting.
Very respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
March 1, 1883.
Approved:
H. M. TELLER,
Secretary.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., April 5, 1883.
To Registers and Receivers, United States Land Offices, and Special Agents:
GENTLEMEN: You are instructed to circulate the following notice in your district:
NOTICE RELATIVE TO UNLAWFUL INCLOSURES OF PUBLIC LANDS.
In view of the numerous complaints of the unlawful inclosures of public lands for
stock range purposes, and consequent impediment to settlements, all persons are hereby
notified as follows:
The public lands are open to settlement and occupation only under the public land
laws of the United States, and any unauthorized appropriation of the same is trespass.
Such trespass is equally offensive to law and morals as if upon private property.
The fencing of large bodies of public land beyond that allowed by law is illegal, and
against the feht of others who desire to settle or graze their cattle on the inclosed tracts.
Until settlement is made, there is no objection to grazing cattle or cutting hay on Gov-
ernment land, provided the lands are left open to all alike.
Graziers will not be allowed, on any pretext whatever, to fence the public lands and
thus practically withdraw them from the operation of the settlement laws.
This Department will interpose no objections to the destruction of these fences by per-
sons who desire to make bona fide settlement on the inclosed tracts, but are prevented
by the fences, or by threats or violence, from doing so.
The Government will take proper proceedings against persons unlawfully inclosing
tracts of public land whenever, after this notice, it shall appear that by such inclosures
they prevent settlements on such lands iby others who are entitled to make settlement
under the public land laws of the United States.
Very respectfully,
N. C. McFARLAND,
Commissioner.
DEPARTMENT OF THE INTERIOR,
April 5, 1883.
Approved:
H. M. TELLER,
Secretary.
FORMS
Sheen BY THIS OFFICE FOR THE OFFICIAL USE OF SPECIAL TIMBER
AGENTS.
1.
OATH OF OFFICE. .
, do solemnly that Ihave never voluntarily horne arms against
the United States since I have deen a citizen thereof; that I have voluntarily given no
aid, countenance, counsel, or encouragement to persons engaged in armed hostility
thereto; that I have neither sought nor “accepted, nor attempted to exercise the functions
of, any “office whatever, under any authority, or pretended authority, in hostility to the
United States; that I have not yielded a volwntary support to any pretended govern-
ment, authority, power, or constitution within the United States, hostile or inimical
thereto. And I do further that, to the best of my knowledge and ability, Iwill
‘support and defend the Constitution of the United States against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same; that I take this obliga-
tion freely, without any mental reservation or purpose of evasion; and that I will well
and ey discharge the duties of the office on which I am about to enter, so help
me GOD
Sworn to and subscribed before me this day of , A. D. 188-.
5)
WEEKLY REPORT.
Report of , special agent G. L. O., for week commencing the day of
, 188-, and ending the day of , L8é= ‘
Nature of business.
}
| Name of place vis- | Nore. —When the nature of business requires
‘ Day of week. @ - ye a more extended explanation than the space
ited
= ey allotted to each day permits, state same inan
A accompanying letter.
|
Monday ---_-
.
Tuesday: = ===
¥
Wednesday --
Thursday ----
Hiidayosre. 2 ’
| eres, c ae aE _ thas
Saturday ----
|
, aspecial agent of the General Land Office,
do hereby certify that I have “performed the services stated,
and that the above report is correct.
Wie
Special Agent.
(Norr.—Date, place, and State above.)
12485 3 33
34%
a
VOUCHER FOR BOARD AND LODGING,
(4—158. )
No. —. ]
Received, , Special agent General Land Office,
—, 188-, from
dollars for board and lodging from to , 188-, inclusive, days,
at $—— per day.
$ : Name: aaa
Post Office: —.
4.
VOUCHER FOR SPECIAL TRANSPORTATION.
(4—159.)
No. —.] -
Received, —, 188-, from , Special agent General Land Office,
dollars for hire of —— horse — and —— wagon, with —— driver, —cluding
expenses, from to , distance miles; from , to , 188-,
inclusive, days, at $—— per day.
Name: _—_—.
Post Office: —_—
5.
VOUCHER FOR MISCELLANEOUS’ (AUTHORIZED) EXPENDITURES.
(4—160. )
No. —. ] ; Authorized —, 188-.
Received, 188-, from , Special agent General Land Office,
dollars for from to , 188-, inclusive, days, at $——
per day.
$ Name:
Post Office: _—_—.
6.
RAILROAD TRANSPORTATION ORDER.
It is not deemed necessary to give the form of transportation order here, as such an
order, to be valid, must first be signed by the honorable Commissioner of the General
Land Office, and the occasion can never arise where it will be necessary or proper for a
special agent to draft such an order, should his supply be exhausted.
We
PHYSICIAN’S CERTIFICATE, IN CASE OF SICKNESS FOR A ERELOD EXCEEDING TWO
CONSECUTIVE DAYS.
(Give post office address and date:)
?
—, 188-.
I hereby certify that I am a regularly practicing physician, and as such rendered con-
tinuous service to from 188-, inclusive; and that it is
my professional opinion that he was, in consequence of sickness, unable to attend to or-
dinary business from to ,-188-, inclusive.
, M. D.
I do certify on oath to the above facts.
Special Agent.
Sworn to and subscribed before me, this —— day of
, 188-.
—_——
Notary Public.
35
8.
REPORT OF TIMBER TRESPASS.
4
It is not deemed necessary to print the form of report here, as all the requirements are
embodied under the head of ‘‘Manner of making report of timber trespass,’’ pages —
to —.
9.
- RELEASE OF TIMBER OR LUMBER.
If , a member of the firm of
engaged in the business of ; that —— place of business is at , county
of ; that during the months of and , 18—, purchased or be-
came possessed of , which is now lying at ; that at the time said
had no knowledge or information that the same was cut from Government land,
but had taken reasonable precautions to satisfy to the contrary, having —-—— now in-
formed, and have satisfied that said was unlawfully cut from during the .
years 18— and 18—, and being desirous of restoring said property to its rightful owner,
and of avoiding any legal proceedings in the premises, do hereby voluntarily relin-
quish and release to the United States all right, title, and interest in and to said
; and in consideration of said release and the circumstances above set forth
, do hereby certify that ——
ask that be relieved from all further liability in the premises.
for pee
Subscribed and sworn to before me this - day of , 188-.
[SEAL. ] —_— ——..
10.
PROPOSITION OF SETTLEMENT.
a tn ie Aa
—— —, 188-.
pI
Honorable COMMISSIONER OF THE GENERAL LAND OFFICE,
Washington, D. C., =, ;
Sir: I, ,a member of the firm of
, engaged in the business
of ,» at , county of , in the of , do hereby represent and
certify that, during the months of and , 188-, certain timber con-
sisting of , said timber now lying ; and that said timber was cut
under the
from the following described Government lands, and was
following circumstances: ,
further certify that the value of said timber in the position and condition it was
in when first informed or became aware that the same was cut from Government
land was $—— per ; that at the time it was cut, the value of the same standing in
the tree was $—— per ; that the value when felled and cut up into logs was $——
by
per , and the market value of the same at the boom or mill yard was $—— per
, now informed by , 2 special timber agent of your office, that
liable to and prosecution for the value of said timber and the damages sus-
tained by the Government, the same having been unlawfully cut from Government land.
As an acknowledgment of the rights of the Government in the premises, and for the
purpose of avoiding litigation, hereby offer to pay unto the United States in set-
tlement for said the sum of , being: at the rate of $—— per for said
timber, said payment to be made to the receiver of public moneys at , or in such
other manner as you may direct, within days from the date of notification of accept-
ance of this proposition, and in consideration of.such payment, and the circumstances
hereinbefore set forth, I respectfully ask that I be relieved from or from any further
liability in the premises.
for ;
, this —— day of
Subscribed and sworn to before me, , at
[swat] , SESE,
11.
AFFIDAVIT WHERE LAND IS MINERAL.
I , a resident of , county of , inthe of , do
hereby certify that Lam well acquainted with the character of the land described as 4
situated in the —— of , upon which it is alleged that , aresident of
, county of , in the of has cut and removed or caused others
to cut and remove timber to the extent of - that my personal knowledge of said land
is such as to enable me to testify understandingly with regard thereto; that there is to my
certain knowledge within the limits thereof certain veins or lodes of quartz or other rock
in place bearing or other valuable mineral deposit; that said lands are indisputably
mineral in character and not subject to entry under existing laws of the United States
‘except for mineral entry, that said lands are not solely valuable for the timber thereon,
and are unfit for agricultural purposes or for cultivation.
Subscribed and sworn to before me, , at
188-.
[SEAL. ]
: ile —— day of :
12.
AFFIDAVIT WHERE LAND IS NON-MINERAL.
ig , a resident of , county of , in the of , do
hereby certify that lam well acquainted with the character of the land described as :
of , upon which it is alleged that , aresident
situated in the
of , county of — , in the of ; has cut and removed or caused others
to cut and remove timber to the extent of ; that my personal knowledge of said
land issuch as to enable me to testify understandingly with regard thereto; that there is not,
tomy certain knowledge, within the limits thereof, any vein or lode of quartz or other rock in
place bearing gold, silver, copper or other valuable mineral deposit; that said land is in-
disputably non-mineral i in character valuable for and subject to entry under ex-
isting laws of the United States for
, this —— day of :
Subscribed and sworn to before me, , at
TIN 3) ee.
Page.
Act of March 3, 1875, granting to right-of-way railroads the right to take tim-
ber for certain WUT OSOS cease te Sse scare ake Sic ny a chiara ele Sree eter eter 10
March 3, 1875, protection of ornamental and other trees on Government
reservations SR SOSH RED SURO SOC EC ESR ee SPREE EEE PEs. eee eae 22
June 3, 1878, authorizing residents of Colorado, Nevada, and the Terri-
tories to fell and remove timber from mineral lands for mining and do-
TOES] CHOILED OSOS SME iets anette ce = anal ae ecia: a1 at ete eee here a ateeeionetamterars iS
June 3, 1878, sale of timber lands in California, Oregon, Nevada, and
Washington REMI GON VA restr Casi aes cA cine ake o oeieceine nate eats . 22
June 15, 1880, B catlenientt of trespass by purchase of lands ieeepaased
WHORES SA Cel ae Peal Claes ee See eS Sen a pear eT re aaa e AR eS cet 26
Acts of Congress, sections 2460, 2461, 2462, 2463, 4205,-quoted.-......-.--------- 21
AECHLONSIA gol, DOCS ee ee ee ose oe ta eicid aatatere as ontario 22
SOCHLONESSOGE eee cemetery eed elcicicialelsig seis faemaiate toe eiae 28
Adjacent to line of railroad, definition of expression......-....----..--------- 10
Advice, agent may apply to United States AbuOMne y fol. 6 esas 20
Affidavit in cases where land is mineral (form 11) or non-mineral (form 12)---.. 36
Agents, Special timber, designation of -. 2-2. <2. 226). osc eee donee seme aeoaee 5
qualifications foie een oN na cee. Uk Rc Gay ee 5
GTI ORK Re eee ene oe ee rate cea ae hohe tine eae Sia Pe staagactas nn eyo 12, 13, 20
CPA SUEES Oreceie osede BOOS Se COO e ORE eed eRe eer EE MOOR M EGS ro cic 19
appointed by railroads for procuring timber........-.-+---.---------- 10,11
Agricultural and domestic purposes, timber may be used for. (See ‘‘ Domestic.”)
Arizona Territory, act regarding the removal of timber from mineral lands in- 7
Attorney, United States, ‘agent may apply to him for legal advice...--....---- 20
may begin suit on application of agent in case of emergency..-.. ---- 18
Board and lodging voucher stormion (NOW) sees secs s oie ees omineite eeeiee eee 34
Bolles Wooden-Ware Company, case of, circular based upon, March 1, 1885 2.2 31, 32
Brushvor irees; must be taken care Of... 2-1. s.cee seer seen ais nace oa eale 8, 11, 12, 30
California, act relative to sale of timber lands in, June 3, 1878.......-.--.-- "22, 23, 24
Cedar timber. (See ‘‘Red cedar.’”’) ,
Coniiieahe, phiysteran’s form: of (NOs/7)))isn2 0 acta ao elses 3 =eteeaitol iit 34
Circular of August 16, i878, UNnASHaAcviot UNO e1Ol senate eeee eet 24, 25, 26
October 15, 1880, under act of June is, TSSOP eye oe 2 Rete eet 27, 28
July 1, 1882, under act of June 3 1B78 Scale. | eo eae aaa 7
September 21, 1882, relative to forest fires, waste, &¢.....-....--.= 30
October 12, 1882, relative to COM (myer ane SSR Sy eee 31
March 1, 1883, relative to measure of damages to which Govern-
ment is entitled for timber INES ee Seo SO eCC NE Eau B65 oSoe 31, 32
March 5, 1883, under act of March 3, 1875........---....--.------- 10,11
March 8, 1883, relative to forest fires ...... voc. --20e--cee cecee aes 30
April 5, 1883, relative to unlawful inclosures of public land -...-.. 32
Civil suit may be instituted, We tN Sea eh he ach es cea orate eee seat 12
Claims and entries which are never consummated ....-...-------------------- 13
lasses Of Government land 2... 2.6. 0-56. 2 - seen hoe da de oe clan's ce eens gbin 6
Collectors of customs, duty to prevent trespass ee eels ai te neehce aBacee 21
Colorado: Act authorizing citizens to cut timber for mining and domestic pur-
OSCS pee a etcia cree eae stoned SS cleta ee a tines ehais) om msinmalamimiateh wine lait haere eatin 7
Compromise, law relative thereto..-....- 2. .-- 202 ee eee nee eee eee eee Seen ee ee 29
y berm and manner of effecting’. 02S. - aie nna nil ie) ein ehee 16
Concealment or removal of evidence of trespass Bee oe ee are be erotic Soin Aeeoe 17
Criminal suit: may be instituted, when ......- 2.62 so- ese Jase see eset oo + see 12
cannot be compromised’ ..-... ..- = 2 52 one ie oe ee ew enn es === 16
barred after the lapse of three years-.-.-....-...--..--..--»---- 12
Cultivation and improvement of land justifies the cutting of the necessary .
URI T ete Pe dak Stoic cme oie od so aainn) Bieta wie (als helene nian ptlarereh cate e\almim nl Nialai~\mi=tmin
Gustomsomecersn! Alabama, Gutiesiof .. 2. 22. 5c. ssetaaee eee Salas geen = .scie. 21
Dakota Territory, act authorizing the cutting of timber for certain Peepers in. 7
Damages, measure of, in cases of timber trespass Se GHBOSO Lega OER COCO 12, 16, 31, 32
37
38 INDEX.
Page. .
Decisions and opinions in relation to timber trespass, extracts from ......-.-.. 29
Diagrams, whence obtained, and how used: Joo Uae ee eee 20
Diameter of timber allowed to be cut. (See ‘‘Size.”)
Domestic and agricultural purposes, timber may be used for----.--.. 6, 7, 13, 23, 24,49
Eight inches, no timber of less diameter to be cut. (See ‘‘Size.”)
Emergency, duty of agent im) casesiOf 524). seeen ses oe eee a ee ere reer 17, 18, 30
Enclosing public lands. (See ‘ Inclosure.”) x
Expenses of timber agents .- 2) (sess. Jace etree nial eee eee am Oa
Hxpenditures, miscellaneous, voucher tor S2peecse eee senisee ces cece eereeee 34
Exportation of Government timber from a State or Territory ...--..----. 7,8, 9, 21, 24
Fence to inclosures of Government reservations must not be broken down -#-.. 22
Fencing public lands prohibited (circular of April 5, 1888) ..----....--....---- 32
Fires, forest, circular regarding (September 21, 1882)....-.-..-.-.--.-2.2----- 30
INStLUCtiONS NEL abLy.6 iO ys ee Ue ss De ee es ere yd yee AE 8, 30
Florida, special act regarding destruction of timber in.----..------...------.- 21
Forest fires. (See ‘‘ Fires.”)
Forms for use of special agents: 1. Oath of office; 2. Weekly report; 3, 4, and
5. Vouchers; 6. Transportation orders; 7. Physician’s certificate; 8. Re-
port of timber trespass; 9. Release of timber or lumber; 10. Proposition of
settlement; 11. Affidavit where land is mineral; 12. Affidavit where land
1s NOM-MIMeT Al ess she LE See alle Dee he cP US Rap ates St Alpe ded eee ae 33-36
Government lands:classes, Of 450, 4s eee hs i ry oe tins RU RI ee Rian eee 6
Grazing permitted on Government/lands -...'2) 5312) 222229.2 252020. Se 32
Graziers not allowed to inclose Government land.......:....-------...------- 32
Hay may ‘be.cut-from: Goyerumentiandiy2 555: 4555522 eee ees eee sae scene 32
Homestead entries, regulations regarding the cutting of timber upon.-.-...--.-.. 6, 29
Idaho Territory, act regarding the cutting of timber in ..-....--.-.--.-------- 7
Inclosure of public lands not allowed (circular of April 5, 1883) .-.....---.-.-- 32
to Government reservation (gate, fence, hedge, or wall) must not be ~
deftcopens ies sade keg bate ead tire hana Nes op ec ee) TS SD Rt 22
Indian, réservations,'timbermpon. 2 3)325 5 shoei os Pa aa soc c laces vee eee 9
Informers of timber trespasses to have a share in certain cases........-.--.-.. 22
Laws relating to Government timber. (See ‘‘Acts.”)
Legal advice, agent may consult United States attorney for .......--.-.------ 20
Limitation of time within which suit can be instituted ..............------.-- 12
Live-oak and red cedar timber, laws against the cutting and removal of ...--- 21
Lumber. (See ‘‘Timber.”)
Mesquite, circular relative to (October 12, 1882)-........--..----------------- 31
Military reservations, timber must not be cut from.....-.......--.----------- 9
Mine owners must protect their own interests ..........-----.----------e--e- 9
Mineral lands, definition of ...........-.- PT sat UREA ie INN IO DG TN Oe 7,8,9
trespassALpon,; prohibitedss+-—cosceck 2 nee eee ee eee nd OD
districts, act authorizing inhabitants thereof to fell and remove timber
for mining and domestic purposes, June 3, 1878..--..--.------------ 7
Miscellaneous expenditures, voucher for (form No, 5)-...---.-.-------------s-- 34
Montana Territory, inhabitants thereof may fell and remove timber in certain 3
GABOS 2 bw a's a ep aa eae oh OVS DAIL Sta gens mer oe BC ie ee te
Names should be written in fulland spelled correctly ........-.-.....--.------- 13,14
Nayalireservations) font Uy Noh el) aS Canine CAA. ane NST gc enum oa Na Re Me 9
Navy, Secretary. of, duty in certain caseses 20s ee ee ae 21, 22
. Nevada, act authorizing inhabitants thereof to fell and remove timber for cer-
tain purposessJunej3, 1878 eee wees cee ee ees See Sete ee ae an 7
act relative to sale of timber lands in, June 3, 1878.......--.---.---- 22
New Mexico, act authorizing inhabitants thereof to fell and remove timber for
Certain purposes ~.. God soins oc Beat aee bees oR Aopen © ls Sas ee eee 7
Non-mineral: affidavit that, lan d sis)s21-2 seas Sosa oes eee ree a 36
Non-residents have no right to cut timber on Government land ..--.--.------- 8
Oath: of office: form of (Nos 1) 2 Goes ery a ae a hs 2 ee ee 33.
Object of protecting timber upon Government lands. -............------------5, 12,13
‘Opinions and decisions in timber trespass cases, extracts from ...--....--.---- 29
Orders, transportation, instructions relative to use of..........-.------------- 19
form (of, (Nio.36)) GONE Bee eee ie sae eee ee y alee eee 34
Oregon, act relative to sale of timber lands in, June 3, 1878 ....--.-.-----.---- 22, 24
Ornamental and other trees on Government reservation, act relative to, March me
B Afi ke (5 pau eee ne ne ee AL, fb en Memeo peers eee Sends es eae
Payment of $2.50 per acre to relieve trespasser in certain cases..-....---------- 24 .
Penalty for trespassing upon Government timber-.-----.----.------------ 7, 21, 22, 23
Physician’sicertiicatey form ok (NOs \e see els ce ate ee ee mene a setcielare release aie 34
Pre-emption: entries, lands covered! bycoo22 ees ee eee ae ee eee Pelee 6, 29
4
INDEX. 39
ee Page
BMS VentLONlOt tM DPM LNESDASSS 3.5 exe va ace aicerie sc oars seetalaeen Obs See eee oe 18
Proposition of settlement, formiof (No. 10). 22 cu scene oes coe ee eect cece ee 35
instructions relative to ......-....-.. -.-- ee Sale nates 16,17
Purchase of lands trespassed upon in settlement of trespass, act of June 15, 1880. 26
Wualifications of special timber agents... 2.6.25! ...c0+ cnemee sous ivieceeusus = 5
Railroads, act granting right to take timber from public lands for certain pur-
DOSES MANGO TL Beier oe Dare net ioe eisai nie orate nets a ape ores ae 10
” Tee cip hits im mineral Cisteete.s.caes. vesise detewe kee eee ee 9,10, 11
sale or timber. torthem motialowed. 0-322 35. .- anne sce oae ocelot 11
prohibited from carrying timber or lumber unlawfully cut..-.-.-.-- 24
*#ransportation order (form No. 6) .... -- Ee ee oe toro dea 34
Record of cases investigated, instructions relative to ...-....--..---.----.-.- 4 18
Red cedar and live-oak, law prohibiting the destruction of.......-..--..------ 21
Registers and receivers to act as guardians of the public timber-.......--.---. 7,21
Release of timber or lumber, instructions relative to.........-...--.+--------: 17
POLMGOL ENO 9. ))ajo cal tsinis ® ache cain Sette gaa ee beta oer eee 35
Removal or concealment of evidence of trespdss........-. .-----.------------- 17
Report of timber trespass, instructions relative to manner of making.....-.. 13, 16, 20
WiECky MO StLUCLLONS LOLABLVO Oils ci-.0< = cee cl-s rete eanectee cee esses 18,19
fou (N On 2 een eras ae Sie Ne A os Se ROS Fens oc seme eets 35
Reservations, Government, act for protection of ornamental and other trees
RUD OUR a8 i Sac yon een ot eae le ts jensen A Pe EON a cicle ricer 2
muUlitary.~naval- Indian, andj hers sa. aseene ese elena eaten 9
Revised Statutes, sections quoted. (See “Acts.”
Sale of timber lands in California, Oregon, Nevada, and Washington Territory,
ach relative to; June d-18i8 i... So. voce eeossseeenee eee see
Lorallroade not alloweds son cent oe ects tare enies a eememoe 11
Sealing, costiof to be paid by: the trespasser.-.--.2--...5----1-.-----<-----6 1g
Secretary of the Navy, duty im certain cases .:.---..---- 2-2 eeccee oe ~~ cee 21, 22
Seizure of timber or lumber, instructions relative to ......---.-...--...-.---- iPily/
Settlement of trespass by purchase of the lands trespassed upon, act of June
LSS LBRO Ries ath nfs Sen neiacleOs hticomiaa eae mete cite omic meine eee miomee 26, 27
INSCRUCTIONS TElabive Oxia se cei ane Soe wane ee eo aoe Eee ereeee 16,17
PLO poOsitvon of (orm NOs LO) esse fo cee os se ceyec niles wis.ctiaite se aaheees
“Special instructions to special timber agents -.-5..-..---.--.-.----0 esc--- wee 20
iransporiation, torm of voucher foros. sae seems ena) ae eee 34
Size of trees the cutting of which is permitted.-..............-..- 7, 8,9, 11, 12, 14,30
Stumpage, definition of..............-....- Pee ey ie Poe ye eee ocmioes oe 16
nownitormirate/cankhbe presen bedss.se24.= sen nee els eee eee ere 16
Smitsy Chylk anes CHiIMIN a: 35-254 oo bas eae cles caine sod cis=\ jesaislsi) sine ss aeeeetee or 12
BanveyCostor, to ve, paid by, trespasser. 22-2 se ee = ieee eee 12, 17,19
Territories, act authorizing residents thereof to fell and remove timber from
mineral lands for mining and domestic purposes, June 3, 1878...-....-----
Timber agents. (See ‘‘Ageuts.”)
atter beim felled}1s' no longer realty -2=-----) sae. eee es an ses eee 12
acts regarding. (See ‘‘Acts.”)
Tops and laps of trees must be taken care of. (See ‘‘ Brush.”)
MeanAporbailLon Older, formvor sq. 5). Lesa. c oes) fe aes oe area eee SEAS 34
instructions, relative to use Of-.--)..-.-.2..--22---4---- 1S
special voucher for. 252 22 oc. see een ee elect ne tensors 34
Trees, ornamental and other, on Government reservation..........-.-.-------- 22
FECES PARS ULMer GeNnih ON Of 5. \oc oso — em ree a neater aleleia ee raiceloe me atelaeteee toe 12
Trespassers, who are considered primarily guilty .......-......-..-02-.---- 13
Utah Territory, act authorizing the residents thereof to fell and remove timber
TMA GME OES 2 he Oe Baer eee new Cees sce Be Petar cealbe Godan ce CogmOS 7
Macant publiciland, definition Of-- ) 2402-22 sos pawn amen Risa Sea ercee wers 6
Value of timber cut and removed should be stated in report .......--..------- UGS
how estimated 5 \..2)0s eee at ae ane aera Napier Ce rector 12) 15, 31
WesKOlautonelunte:Ol,, Ol LECSPasS- «<= mcels .< cass aie ceeiee sein Selatan) eel ae 21, 23
Washington Territory, act relative to sale of timber lands in, June 3, 1878 .... 44
Waste and destruction of public timber prohibited -...........-....-.-.- 7, 8, 14, 15, 23
circular of September 21, 1882.......... Beer tarea be nto's c 30
\ NESEY TG) DOTA TAT On IGE ee eel oe aire ed a6 GU CEGS.Cciu Hb Se Coed ICC SOR EE 33
instructions relative to making......-.-...-..2---sececs----e- 18, 19
Witnesses, instructions relative to obtaining --.. ..---..------ ..---.-.-...---- 13, 15
Wooden Ware Company v. United States, circular based upon decision in -.... 31
Wyoming Territory, act authorizing residents thereof to fell and remove tim-
ber from mineral lands for mining and domestic purposes........-..--..-- i
)
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