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Show IDAHO ENGINEERS PROTEST. At tho recent; meeting of the Idaho Societj of Engineers, held in Boise, action was taken protesting against the bill now ponding beforo Congress for tho ropcal of the timber and stono net, and providing for the 6ale of timber separate and apart from the lnnd itself. Mr. Maurice M. Myers submitted to the meeting a letter of his to Mr, Charles E. Jones, editor of the Idaho World, in remembrance of his effective work in arousing tho people in the Boise basin to the danger of such entries en-tries as arc proposed, and urging a continuance of work to the same end. .Section 3 of the bill referred to provides pro-vides as follows: That the lands affected by this acL may be disposed of under the mineral or coal land laws or to actual settlers only under un-der the provisions of the homestead laws, but no right, title or Interest In or to the timber thereon shall bo claimed or acquired under any mineral location or coal land law, or homestead entry,- or under any patent iasued thereunder: nor shall such location, entry or patent preclude pre-clude the purchaser of tho timber on the land covered thereby from the right to such use and occupanco of such lands as may be necessary to the cutting and removal, re-moval, or to the sale or milling of the timber. ' That the enactment of legislation like this would be a hardship upon tho min-.ers min-.ers is very plain to an one who understands un-derstands the practical business of mining. min-ing. 3t is said that this bill was introduced in-troduced as ono of the conservation measures favored b3 tho administration. On this, Mr, Myers makes tho comment, "If such a bill can masqnerade under the guise of conservation, then surety-, conservation, liko charily, must cover a multitude of sins." From the first prospecting and mining min-ing in all this western country, Congress Con-gress has safeguarded tho prospector and the miner with steady care. Congress Con-gress knows and cver3'bod3 knows thnt without, timber no one can explore tho veins and lodes, and with this, alwa3rs in mind, Congress has alwa3s given the miner not onty the timber upon his claim, but also all other timbers ho liccds lo be taken from unappropriated government laud. But this so-called conservation con-servation moasuro would not only allow of the 'selling away from him of the limber on his own claims, but also the timber on all adjoining public lands. Not onty would tho casement given to the purchaser of timber often be a very serious trespass upon the mine itself, but when it is recalled further that the limber purchaser has twenty years on which to remove his timber from the laud, with the use and occupancy of tho land all that time, tho right of tho miner to control his lands, or tho right of any one clso to control land, mcrcty' bought as land, is put in serious jeopardy. The protest formulated and forwarded by tho Idaho Socict3 of Engineers, with the suggestion that, other Wcstoni States join iu the protest to their members mem-bers of Congress, is as follows; Bolec, Idaho, February 1 1. 1D10. To the Members of Congress from the State of Idaho: Sirs: Among the matters coming before be-fore the Idaho Society of Em-lm-ora at ' Its regular session on the 12th day of February. 1010. a paper xvnn read which commented upon a measure of proposed legislation lately Introduced into Congress Con-gress and now pending. At the. conclusion conclu-sion of th .reading of km Id paper, tho views therein wrrn discussed, and on motion mo-tion of F. dishing Moore, tho motion being be-ing duly Kocondod and carried, the chairman chair-man appointed a cominltteo of thine to draft rciOlnlloiiH In conformity with the views oxpnH.spd In said paper, a copy of said resolutions to bo by the scerctarv or the society transmitted to each of the members of Congreya from the Slate of Idaho. In accordance with stiHi motion the committee reported ;ib follows: Thai whereas there has been introduced in-troduced at the present session 'of Congress Con-gress a measure for the purpose of repealing re-pealing the Timber and Stono Act, and providing for the sale of limber upon surveyed government land entirely separate sepa-rate and apart from (ho land Itself: Be It ronolvi'd. Thai 11 Is the sense of the Idaho Soelotv of Engineer.- that ouch proponed legislation. If enacted Into law. will result In great detriment to the mining Interests of the Mate of Idaho; for (he reasons That the said measure provides that timber upon lands affected thereby shall be sold separate and apart from the land.", themselves, and that the purchaser of the timber shall havo twenty years after sale In which to remove tho timber from (he land, and that said timber may be sold either to individual citizens of the United States or to tho associations of such citizens. is Thai "Die lnnds affected by this act j may be disposed of under the mineral or , conl land laws or to actual settlors only II under the provisions of the homestead lows: but no right, title or Interest In or to the timber thereon shall bo claimed - or acquired under any mineral location or coal land or homestend entry, or under any patent Issued thereunder: nor shall s such location, entry or patent preclude i. the purchaser of the timber on tho land 0 covered thereby from the right to such i- uso nnd occupancy of such lands as may . bo necessary to the cutting nnd removal 1 or to the sale or milling of the timber." c That the proposed measure will result r in the limber, upon existing mining claims, being sold In many Instances to l other than the owner of the ground. That the miner will have to purchase for his own use the limber upon his own - ground and pay therefore such prlco as the timber owner may exact. That the proposed measure will result 3 In endless llllgntlon. i That the miner will be hampered In the , building of roads and ditches nnd In the 1 clearing of mlllsiles when such operations destroy any part of tho timber upon tho land. , , , That In the case of placer mining claims the owner of the clnlms may be com-polled com-polled to cease all mining operations dining din-ing the twentv vcars of time allowed the timber purchaser for the removal of (ho timber from the land. ! That under tho proposed law the llm-. llm-. ber owner has tho right to "such use and occupancy of tho land as may bo. necessary to the cutting and removal of the timber." which will leave the miner without recourse for damages to roads, ditches and other works, damages sustained sus-tained by reason of the logging of the timber. , That tho proposed measure Is Indefinite In that It does not state clearly that existing ex-isting mining locations shnll he excluded from Its operation That I he hill does not provide any means by which the miner may efTect a purchase of timber necessary for his uso in mining or necessarily removed and destroyed' in mining operations, even though tho same be upon his own ground, except by buying tho timber at whatever what-ever extortionate valuation the owner may place upon It- That It adds to the already great cost of mining the additional expense of purchasing pur-chasing the timber required in mining j operations. , , . , , Wherefore the Idaho Society of Engineers Engi-neers respectfully solicits our members of Congress, on behalf of the mining Interests In-terests of tho State of Tdaho. to use their Influence to prevent the passage or the proposed measure, or to eceurc amendments amend-ments thereto, either taking mineral lands out of its operation altogether or protecting protect-ing the mineral claimant absolutely. |
