Show rulings on oil timber the first of the notorious not onona sparks ile do casion siaion cases came afore judge zane court on friday dickson an and varian vanan represented the government and 8 N darke dark appeared for the tha defendant I 1 mr thomas lee ol of tooele mr leo lee is tho the owner of la small sawmill near tomala city and it appears ea s a admitted d to mr barnett and mr aag Scott c 0 lat may that ho he had bad cut and sawed feet of timber a year since 1881 which he had taken from a neighboring canyon and that he h hod had sold gold to his hia friends asid aid the settlers generally but had riot not shipped out of the country under sparks boards ruling mr lee lea b had ad transgressed tho the law and his hia case was wag promptly reported adilith with the result that the prosecutor here received instructions to com mense suit anit tor for for feet of lumber at 17 per thousand barnett and scott were wera swo sv orn r n and testified as aa indicated a bove wh which i c constituted the full fall testimony ot of the pro ae mention cution mr darke then moved for a non con euit on the ground that it had not been shown tint that mr lee had cut the timber and converted it to his own use and held that the law nut authorizing hor izing certain states and territories to fell timber on mineral lands for agricultural mining and domestic purposes Baa did not mean that very every man must do his hia own cutting and ngor anat a man that should cut and saw maw umber timber lor for lna ilia neighbor was a law breaker mr dickson argued that according to mr lamar and also mr sparks the act did not empower men to set up their mills and saw the timber of the public ablia domain for their own aggrandizement the stampa e laar being repealed men were limiter to the use ue of timber for their own wants only ile iia stated in fit conclusion that tho the case hid had been advanced purposely to secure a ruling as a some important cases were pending the judge overruled tile the motion for a nonsuit non suit stating that plaintiffs claim Is in that persons are ara not authorized to cut and saw timber to sell it but only to cut and saw such as they may need for their own use or they can empower oth others era to do so ao as aa their agents it would be b a strange provision inthe it the congress of the united states gave to somo some man of means the power to take timber off all the mineral lands of the lie united states tomake to make money balt by it it ia hardly to bo P presumed resulted resul ned that the congress of the united I 1 states would a ho be so oo reckless the object orthis of ahn law I 1 must think is to give avo the residents ren denta the right to take thu the timber of the tha lands not subject to entry and use us so BO much of it as ai might be nece ni cesary for their own OB n uses and not tor for speculation and trade that must bo be tho reasonable interpretation of the law mr leo lee wits was then sworn and testified fled that the timber had been cut only for himself and on orders from his hi neigh bors mr dark then asked the n witness atness whether tho the timber had bad been cut from mineral landa mr dickson objected on the grounds that the lh citi of niia oral crall lands had not bea anil included eluded in do di lend ants answer and an 1 he ha WM was not therefore prepared te t meet it the judge jud granted a continuance of the caad st at the expense ol it defendant |