SD 565 .fl7 1883 Copy 1 INSTHUCrrONS SPECIAL AGENTS GKNERAL LAND OFFICE Ari'OlXTKJ) TO nmm timiier dupujdations upon liovKHMEKT lands PROTECT THE PUBLIC TIMBER FROM WASTE AND DESTRUCTION. \vasiii:ngtois;. GOVERNMENT PBINTING OFFICE.. 1883. INSTRUCTIONS SPECIAL AGENTS us GENERAL LAND OFFICE APPOINTKU TO PREVENT TIMBER DEPREDATIONS UPON GOVERNMENT LANDS PROTECT THE PUBLIC TIMBER FROM WASTE AND DESTRUCTION. WASHINGTON: aOVERNMENT PRINTING OFFICE. 1883. 12483 ^^>v l).o^ 0.. Department of tue Interior, General Land Office, Washinffton, I). C, June 1, 1883. ThefoUowiug iustnictious 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 All previous instructions and rules and regulations prescribed by this office in conflict herewith are rescinded. X. C. McFARLAND, Commissioner. Department op the Interior, June 1, 1883. Approved. H. M. TELLER, Secretcif'y. {3) INSTRUCTIONS S F» E CI A^ I. TIIVIBER AOENTS DESIGNATION OF SPECIAL AGENTS. 1. Special ageuts of the General Lanroliibit the cutting or removal of any full-grown tree belonging to a si)ecies which, icheii mature, does not exceed eight inches in diameter, or of any mature tree; nor of trees of any descrii)tion, even if less than eight inches of diameter, if it can 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 atterai)ted 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 RBSERVATIONH, 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 employed 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 VACANT PUBLIC LANDS. 26. All land-grant railroads are authorized, in the granting act, ta 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 purpose^s 10 ■only, under act of March 3, 1875 (Supplement to the Eevised Statutes, -chapter 152), as follows : AN ACT granting to railroads the rijjlit of way through the public lands of tlie United StatcH. Be it enacted, <&c. * * * Section 1. That the right of way through the public lands of the United States is liereby 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. ***** * -x- Sec. 4. That any railroad company desiring to secure the benefits of this act shall, Avithin 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 a.fter 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: Frovidrd. That if any section of said road shall not be completed within five years after the location of said section, the rights herein grunted shall be forfeited as to any such uncompleted section of said road. Sec. 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. Circuhirs 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), JuneSO, 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 con.structed. 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 neare^ to the terminal limits thereof. , 3. All duly organized railroad companies under this act, upon the filing and accept- ance of proi^erly 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 appoiiitnienta must l)e filed in this otlicr for its informiition, in order thut 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 emploj, ed by or under him. 5. AH such duly appointed agents have authority to employ others to procure from such public lands and deliver to them, for the use of su(;h company, all material required for the purposes specified in the act. It is immaterial whether such persons are employed by the day or by the piece; but no authority can 1)0 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 materiijl from the public lands tor sale or other disposal either to other com- panies or to the general public. 7. The right to take timber from 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 Ls allow- able, and the tops and laps of all trees must be cut and piled in order that the spread of ibrest 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 antlioriziug individuaLs to cut timber from the public lands and sell the same to railroads at a certain ])rice per tie, or per thousand feet, or under contract, even thoufiii it may be used for construction purposes. Tlie right is conferred only u[)on the railroads themselves; therefore the person cutting such timber must be in the actual employ of tlie 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 a ruh^. 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 hardshij) 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 liuiited to consiruction purposes exclusively (except in case of the Denver and Kio 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 "Vp and piled in order to prevent the spread of fires (see page 30), ap- plies ftlso to the cutting and removal of timber from the public lantls 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 i)er- mission so to do as specified under heads of " Lands covered by home- stead or pre-emption entry," "Eight of railroad companies," and "Min- eral lands"), is a timber trespasser upon Government land. 34. Any ]>erson 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 ijrecaution to prevent the spread of forest fires ; or who, in any other particular wastes and destroys the public timber, is guilty of timber trespass upon Government land. 35. Any person who commits timber trespass ui)on 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 laud 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.) 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 13 use of so much of the public timber us may be actually needed by bona fide settlers for aijricaltural and domestic puri)oses, but to prevent its being n)adc an article of specndation for the pecuniary gain of a few individuals to the detriment of the many, or from being wantonly was1;ed or destroyed. When an agent understands this, and convinces the people in the district to which he is assigned that such is the case, he, will find no difdculty in securing their active support and co- ojjieration. 45. Whenever you have information tliat any timber has been unlaw- fully felled or removed froin (Jovernment land, you should visit the ground anil investigate said alleged trespass in person, in order to be able to report the case from i)ersonal knowledge and observation. 40. 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 e!ni)tion, or other entry; whether it is within the limits of the grant to any railroad, or of any Govern- ment reservation; and whether it is mineral or non-mineral. 47. The i)urpose 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 fStates. 48. Many claims and entries are made upon (iovernment 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 tliere never has been any claim. 49. Having ascertained the character of the land, and that it is such as should be protected from timber trespass, you should next ascertain who committed the trespass. oO. 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," " Kight of railroad companies, &c.," and "Mineral lands," pages G to 11.) 52. Having ascertained the above facts and become satisfied that the person is nnlawfully felling or renu)ving 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. An important 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 (dl tlie inforiuation that it is thought can be u'eded 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 therefor. (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, j)ost 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^ etc. (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 hx homestead, i)re-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. I^ame of person making entry. 2. Date of entry. 3. Whether the party per- manently resides on the place. 4, Whether he has any family. 5. 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 exi)ort 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, under 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 (.'ut by otlier (unknown) parties. (6.) State kind of timber; whether pine, oak, or other wood. (See cir(^ilar rehitive to mesquite, ap]>roved 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, i)oles, 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 wlio uses su€h mark to represent his property, giving post ollice 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 misrei)resentation on the jiart 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 which he saw the cutting or removing. (The cutters and haulers, or other emjiloyes of the tres- l)asser 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 SETTLEMENT. 57. After you liave ascertained all the facts iu the case and prei)ared your report for transmission to this ofdce, should the party to the tres- pass (either the actual tresi)asser 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 acci- 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 tlie 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 pro])osition 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 tliat 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 thei)rivilege of cutting the same, would be an actual inducement to i)arties to commit timber depredations upon the public lands ; there- fore, such propositions should never be entertained, except when there is indisi)utable 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. Ko 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 exi)ense to the Government for surveying, or 17 scaling, or watchiiif>- and <;arinosition. Oo. Sworn statements and i>ro})ositions of settlement must be nmde out in accordance wilJi the form ])rescril)ed by this ottice (see Form 10, pagt? 35). The person who subscribes and sweais to the statement and proposition in stating the extenuating circumstan(!es must state his case in his own way and not from dictation by the special timber agent. 00. Special timber agents are not authorized or i)ermitted under any circumstances to decide upon any proposed compromise, or to accept any offer of settlement, or to receive any money or other valuable con- si(leration a« a deposit pending its consideration by this oftice, or to receive the money after a proposition has been accepted by this oltice. 07. All paynients in settlement of propositions for timber tresi)ass must be made to the receiver of public moneys for the land district in which the trespass was committed. 08. Where cases are in suit, i)ropositious must be made through the proj^er United States district attorney to the De])artmeut of Justice. VOLUNTARY RELEASE OF TIMBER OR LUMBER. 09. Should an innocent tresi)asser, purchaser, or i)arty having pos- session of any timber or lumber cut from Government laud, voluntarily 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 oftice (see Form No. 9, page 35), take possession of the i)roperty, and transmit said release, together with a full report in the case to this ottice 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 proi)erty. 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 laud, 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 i>osition 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 ap[)ointment 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 laud, 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 the trespass destroyed, so that immediate action is absolutely 12483 2 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. PEEVENTION 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 1st day of January and July, in each year, you must transmit to this office a transcrijjt 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 ])romptly disposed of, and that none may go by default on account of neglect on the i)art 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 u])on. 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 promi)t adjustment of your accounts, and no allowance wdl be made in any instance for time not so reported ui)on. 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 whicli 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," &c., 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 tresi>ass give the names of 19 the alleged trespassers or parties interviewed or description of land examined. S3. 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. 80. In addition to your salary you will be allowed the actual and necessary expenses incurred by you ^vhile attending to your official duties. 87. Office circular of June 20, 1882 (copy herewith), will furnish yon 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 incur any indebtedness in surveying land and scaling timber, or for any other purpose, beyond your salary and personal expenses, without special instructions fifoui 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 tiansportation 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 officials of any railroad company refuse to ac- cept said orders or furnish transportation thereupon you will purchase a ticket, taking a stamjjed receii)t 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 supjdy of transportation orders in every instance state the number of onlers you have on hand at the date of making such application. 90. 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 is a waste of time for special timber agents to write long letters to this office stating that a number of ]iersons 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 i)reviously 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 ])apers requiring official action by this office (except monthly accounts and weekly reports), must be transmitted in duplicate. You should also keep a coi)y of 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 laud is 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, pre em})tion, 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 ])lace 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- quarters 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 waj become an efficient or valuable special timber agent. 108. To familiarize j'ourself 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- mate uses, it is 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 u^^on 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 oftice ; 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 ; l)ropositions 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.) APPENDIX. LA^VS RELATIVE TO TEE^PRESERVATION OF GOVERNMENT TUIBER. LIVE-OAK AND BED CEDAR TIMBEK. [Revised Statutes of the United States.] Sec. 24(>0. The President is authorized to emi>loy so much of the land and naval Ibnes of the United States as maybe necessary eifectually to prevent the felling, cutting down, or other destruction ol" the timber of the United States, in Florida, and to prevent the transportation or carrying away any such timber as maj' be already- felled or cut down; ajid 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 de^stroying 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 pers(m 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 NaA y 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, or shall lemove, 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, ac(}uired, 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 le^s 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 V>een reserved or purchased as in the preced- ing section prescribed, \vithout 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 cuton 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 covuitry against the provisions of this sec- tion shall forfeit and pay to the United States a sum not exceeding one thousand dollars. (See 4751.) Sec. 2463. It shall be the duty of all collectors of the customs within the States of Alabama, Mississippi, Louisiana, and Florida, before allowing a crlearance 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 puldic 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 seasonablj'^ instittited 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. ) Sec. 4205. Collectors of the collection districts within the States of Florida. Alabama, Missis.sippi , and Louisiana, before allowing a clearance to any vessel laden in whole or in part with live-oak timl)er, .shall ascei-tain satisfactorily that such timber wa.s cut from private lands, or, if from public lands, by consent of the Department of the Navy. (See 2463. ) 21 22 Sbc. 4751. All penalties and forfeitures incurred under the provisions of sections t\venty-four hundred and sixty-three, Title "The Public Lands," shall be sued for, re- covered, distributed, and accountetl for, under the directions of the Secxetary 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 ls 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 pereon 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 OP 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 sliall 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 raserved, or which \\ ave been purchased by the United States for any public use, every such person or per- S)ns so offending, on ccmviction 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 i)erson or persons shall knowingly and unlawfully break, open, or destroy any gate, fence, hedge, or wall iuclosingany lauds 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. Sec. 3. That if any person or persons shall knowingly and unlawfully break, open, or destroy any gate, fence, hedge, or wall inclosing any lantls of the United States, re- served or purchased as aforesaid, and shall drive any cattle, horses, or hogs npon 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- tires upon the lands of the United States aforesaid where the said cattle, horses or hogs may or can destroy the grass or tre&s 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 lands 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.) TI.MBER LANDS IN THE STATES OF CALIEORNIA, OREGON, NEVADA, AND IN WASH- INGTON TERRITORY. [Chapter 151; approved .June 3, 1878 (20 Stat., 89).] Be it enacted by the SeiiMe and, House of Representatives of the United States of America in Congress assembled, That surveyed public lauds 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 oflered at public sale according to law, may be sold to citizen.s 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 maybe sold on the same terms as timber lands: Provided, That nothing herein contained shall 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 sjiid States under any law of the United States donating lands for internal impi-ovenients, education, or other purposes: And provided further, That none of the rights conferred by the act ai)pioved July twenty-sixth, eighteen hundred and Sixty-six, entitled "An act granting the right of way to ditch and canal ownersover the public lands, and for other purposes," shall be abrogated by this act; and all patents grjinted 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 l)een acquired under and by the provisions of said act; and such rights shall be expressly reserved in any pat- €nt issued under this act. Sec. 2. That any person desiring to avail himself of the provisions of this act shall file ■with the regist£r of the proper district a written statement in duplicate, one of which is to.be transmitted to the General J^and 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; contiiins no mining or other improvements, except for ditch or canal i)urposes, 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, (jopper, 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 acfiuire 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 ofKce 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 fi)r said lands, and all right and title to the same; iind any grant or conveyance which he may have made, except in the hands of bona fide purchasers, shall be null and void. Sec. 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- pliciint, 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 tiled, the person desiring to punihase shall furnish to the register of the land office satis- factors' evidence, first, that said notice of the application prepared by the register as afore- 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 sectiim of the act approved May tenth, eighteen hundred and seventy-two, the apjdicant 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: Proridcd, 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. Sec;. 4. That after the pa.ssage of this act it shall be unlawful to cut, or cause or pro- €ure 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 dispo.se 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 ))e guilty of a misdemeanor, and, on conviction, shall lie fined for every such offense aMim 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 supi)ort his improvements, or the taking of timber for the u.se of the United States; and the penalties herein provided shall not take effect until ninety days after the passage of this ^, 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 eifect 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 lor in this section takes eifect alter 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 notauthayment of said price: Provided, This shall in no wise interfere with the rights or claims of others wto 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 dollaiw 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. ThLsact 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 ok TitK Interior, , General Land Office, Woi^Mngton, D. C, October 9, 1880. Begister'i (-(nd Eereivers United Sfnfrs [jind Offites: 'Gentlemen: In carrying out the provisions of the act of Congress of June 15, 1880, entitled "An iwt rehiting to the public lands of the United States," you will be gov- erned by the following instructions supplemental to, and in lieu of, thecircQlar 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 entered, 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 entrj', is required in order to enable the purchaser to avail liimself of the benefits of the act. 6. When lands are not plainly subject to ordinary private entry, and apijlication 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 elaim 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 entr^\ 8. In allowing entries of this class, you Avill 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 nuide are authorized to obtain title by like payments, and with like deduction of feas xmd commissions, as in the ease of original homestead parties. 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 e\-idence attainable of the bo7w 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, ISSO. 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 iacts 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 iwlverse hgal rights of any character exist at the date of the applictation to purchase. 13. Applications to purchase under the second section will l)e made on Form No. 18, a>s 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 mnst make oath that he has not transterred nor attempted to transi'er his homestead rights nnder said entry, nor assigned his right to receive the repayment ol' the fees, commissions, and excess pay- ments paid thereon. 15. In each case of an entry nnder the second section the register will certify to the receiver the amonnt 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 snch 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, $ ." 17. The areas of said homestead entries, having been heretofore reported, will be de- diicted 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 tlie 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 lootings. In his recapitulation and in his con- densed quarterly accoimts-current, he will make a separate entry, as follows: "Saks iinder 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 linal x»roof 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 survey's, will be deemed receivable lor 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 warrant.s. or scrip exceeds that of the land entered therewith no repayment is authorized, but the warrant or scrip apjilied must be fully surrendered. In such 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 1st of January, 1861, are not changed in price by this section. Yon will carefully observe the rule, as to price, thus introduced. By reference to your ofiicial 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 furtlier 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 jyrovision of the entire act who falls within the inhibition named in this section. Very respectfully, C. W. HOLCOMB, A cting Comm issioner. Department of the Intekiok, October 15, 1880. Approved : C. SCHUKZ, Secretary. COMPROMISE. [Section 34G9, 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 miy be compromised, and recommending tliat it be com- promised upon the terms so offered, and upon the recommenrlation of th(r Solicit<)r of the Treasury, the Secretary of the Treasury is authorized to compromise such chiim ;ic,- •cordingly. But the provisions of this section shall not apply to any claim arising under the ftostal laws. KXTRACTS FROM OPINIONS ANH DKCISIOXS. The followLftg opinions and decisions are published for your iiWormation: .1st. Attorney-General Wirt, iy an opinion of the t27th May, 1H21, holds as follows: ■"Independent of po.sitive 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 po.ssess. (See 3WheatQn, 181.) So the United States, being au- thorized to accept and to hold these lands for the cominon good, must have all the legal means of protecting the property thus coulided to them that individuals enjoy in like <;ases. * * * The}' are, therefore, in my opinion, entitled to the injuction of Wiuste 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 Kith July, 1845, refers to the ■opinion of Attorney-General NeLson, of the 11th August, 1843, and, in concurring in it, .states that "Avhen 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 i)roperty 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 the.se purposes he may use or destroy any trees which may be necessary, but within these re- .■strictions, and necessary tire- wood, he is confined." The penal act of 2d March, 1831, pi'ovides "for the punishment of offenses committed in cutting, destroying, or removing live-oaks and other timber or trees preserved for naval pvirposes. ' ' 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 i)rosecution and punishment of all trespa.ssers 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. McEutee, 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 i^urpose of cultivation ; l)ut if the sale and traflic is the only reason for severing the timber, and it is not done with a ^-iew 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 Arkansa,s, 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 cord wood 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 as,sumed 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 word.s, the value of the cord- ^vood and railroad ties. ' ' 30 CIRCVLARS 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, Sfpttmber UK 1882. Mr. , Special Timber Agcni. Sir: The fact having been broutiht. to the notice of this Department that extensive forest fires from time to time, in ditfereut 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 to 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 from 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 cooperate 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 n jeans to check its progress and to extinguish it. Should it be necessary to employ assistance in such a aise, and the emergency be such that it would be impossible to inform this oflice of that liictand to receive special instruc- tions, you are hereby authorized to expend a reasonable sum for such purpose, but you will at once inform this oflice, by telegraph, of the nu mber of persons so employed and the total probable expense. One of the most dangerous elements to contenY REPORT. Report of — , special aecial tinilier ajreuts 5 Railroads, act granting right to take timber from public lands for certain pur- poses, March ;J, 1875 10 * their rights in mineral districts 9, 10, 11 sale of timber to them not allowed 11 prohibited from carrying timber or lumber unlawfully cut 24 •transportation order (form No. 6) 34 Record of cases investigated, instructious relative to 18 Red cedar and live-oak, law proliibitiug 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 form of (No. 9) 35 Removal or concealment of evidence of trespass 17 Report of timber trespass, instructious relative to manner of making 13, Ife, 20 weekly, instructions relative to 18, 19 form (No. 2) 35 Reservations, Government, act for protection of ornamental and other trees upon 22 military, naval, Indian, and other 9 Revised Statutes, sections quoted. (See "Acts.") Sale of timber lands in California, Oregon, Nevada, and Washington Territory, act relative to, June 3, 1878 22 to railroads not allowed 11 Scaling, cost of to be paid by the trespasser 12, 17, 19 Secretary of the Navy, duty iu certain cases 21,22 Seizure of timber or lumber, instructions relative to 12, 17 Settlement of trespass by purchase of the lands trespassed upon, act of June 15, 1880...'. 26,27 instructions relative to 16, 17 proposition of (form No. 10) 35 Special instructions to special timber agents 20 transportation, form of voucher for 34 Size of trees the cutting of which is permitted 7,8, 9, 11, 12, 14,30 Stumpage, definition of 16 no uniform rate can be prescribed 16 Suits, civil aud criminal 12 Survey, cost of, to be paid by trespasser 12, 17, 19 Territories, act authorizing residents thereof to fell and remove timber from mineral lands for mining and domestic purposes, June 3, 1878 7 Timber agents. (See "Ageuts.") after being felled, is no longer realty 12 acts regarding. (See "Acts.") Tops and laps of trees must be taken care of. (See "Brush.") Transportation orders, form of 34 instructions, relative to use of 19 special voucher for 34 Trees, ornamental and other, on Government reservation 22 Trespass, timber, definition of 12 Trespassers, who are considered primarily guilty 13 Utah Territory, act authorizing the residents thereof to fell and remove timber in certain cases 7 Vacant public land, definition of '. 6 Value of timber cut and removed should be stated in report 15 how estimated 12, 15, 31 Vessels, forfeiture of, for trespass 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 30 Weekly report, form of 33 instructions relative to making 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 mini ug and domestic purposes 7 I LIBRARY OF CONGRESS 002 82l' 283 5 ^