| Show OX ON LA I H HWe We have hac I Inquiries lag the cutting and removal of oC on lands and also asto aeto whether cl citizens ot of Utah would be lIa ha lIable hablo blo ble to prosecution for tor purchasing bet ber In Idaho and conveying It Into this State In reply to these questions we have received Into f through the thi courtesY ot of SpecIal Agent John Johll S by which we are nrc able abie to make the following replies r Question Utah citizens go Into Idaho or other neighborIng States StateR anti cut ut timber on government land and haul It into Inlo Utah See 80 not act ot of June 31 3 ISiS 1871 chap 10 20 Stat t p II SS 83 This Is known ns as the Mineral Minerai net act and the tho following reg Aug 6 5 1616 Issued by bytho bythe the tho honorable commissioner ot of the gen general eral land office answers the question tul fully 3 No person not a citizen or bonn bone tide lido ot of n IL State Territory or other mineral distrIct provided for tim In said Is permitted to fell or remoVe timber from ruin mineral lands lanas thereIn And no um person firm or corporation felling follinA or removing timber under thIs act shall sell or dispose l ot of the same or tIme the lumber manufactured to any outer than citIzens and bonn bone Mo residents of oC the State Stat t or TerrItory I where such sueh timber Is cut nor for on any other purpose than for tin tilt legItimate use ulle of oC said purchaser for the purposes mentioned In saul act For cutting timber on public see not act of oC Mar March h 3 1591 26 Stat tnt V 11 93 and act of oC February 13 1893 27 7 Stat p 41 See also I circular of March arch 17 1598 1595 anti regulations governing the theu u time e ot of timber on lands under act ot of March 3 1891 paragraph 3rd reads all as follows 3 Settlers upon pUblic hands and other re residents ot of the States and Tern Terrt torl tories l who have not n a supply ot of timber on theIr own claIms or arms for use thereon for tor such domes domel domestic tic RS as lire fire wood fencinG or buIlding purposes or for tor necessary ry u ue e eIn In developing the and other natural resources ot of the tho lands owned or occupied b by thorn thom lOa may procure tint tIm bar tree free ot or charge chAne from unreserved public lands within said States or TerrItories strict strictly ly Iy for lor use Ule ou on their own claims claim or lands lamb therein for tor time the purpose enumerated In Inthis tins this sectIon but not for sale or dl pom nor 1111 for lor use ule on other lund lands or orb orby b by other persons nor for tor export from time the State or Territory where to nn extent not exceedIng In stump ago valuation 1100 In any one year ent Th c re regulations further state that It was not the intention of Congress teas to authorize tire tho taking ot of timber fron i lands to serve as an article ot of or whereby profits might be se secured QU Question n a citizen pt oC Utah bu buy timber In Idaho or emma enn that State Stale Prosecute him using Umber timber thus 11 d To this the agent replies that While he Is not acquainted with the laws law that govern Rovern matter under the ot of tIme the several States and Territories lie he lieIs Is sure that time the general government fins hns the exclusive right to control Its lis own timber limber and regulate Its tween time the States In addition to the foregoIng we C are able abI through the kindness ot of the Inn land II office authorItIes in this city to present the tho toll following owing rules arid regulations I sued aued b by the Acting CommissIoner Jail 1900 from the Deportment of oC time the Interior Washington D C Those rule rul are prescribed by virtue of oC the act of oC of oC June 3rd We think this entirely cover the ground of time the questions asked ot of us UI on Sect 3 1 The ad act to the tho States qt at Colorado Nevada Neada Montana Idaho Wyoming North Dakota South Dim Da kota anti Utah mah arid aud the Territories ot of New Mexico and ArIzona and IUt other mineral districts ot of the United States 2 l from which c t timber T Ii ur UI u LiIV Ions of this net Bol must be known to be ot of strictly mineral character ant and mint lIot l to entry exIsting laws of the t Slat States except for mineral entry who take Umber timber from the tho publiC lauds lands under assumed author authority It ity ot of this timis net act mud stand prepared to show that their nets Me are withIn the prescribed terms of oC the law such time tho burden burdon beIng on such Parties ot of provIng b by n a preponderance derance ot of evidence that the land from which the tho Umber timber Is taken Is mineral withIn th the meaning of oC the net act 3 The Ih privIleges granted ar are to cItIzens ns of oC tIme the States amid olId other bone bona Me fide residents of oC the States anti other mineral l districts for tor tn In the act 4 The hc uses for tor which U thither I r may nr ho fell ell or a are Dy bY limO wording ot of the act to building cultural minIng or other domut a pur 6 5 No o timber is 18 permitted to he be felled or removed for lor PUT purposes ot of sale Ie or Itt fiti or to manufacture time the cam am into Inlo lumber or other timber product as I no or for ter nm other use UIO h except ns as defined In section mUon 4 or of these rules rule and regulations G 6 No tImber r cut or removed under the provisions lons ot this act may be transPort transPorted ed cd out of oC the Stale Sinto or Territory where procured 7 No timber is III permitted to be used for lor smelting purposes smelting beIng a separate and distinct Industry from that ot of mining 8 No o groWing trees ot of an kind what whatsoever less Iss than eIght inciteS Inches In diame diameter ter are permitted to be cut 9 11 Persons telling felling or removIng timber under the tho provisions of this act must inUit utilize all ot of each tree cut that can 10 O profitably used and must mUll dispose ot of the tOilS 1015 brush and other refuse In such a 0 manner IlS as to prevent the spread ot of for eat ost fires 10 Those rules rulos and regulations regulation take effect February 16 15 1900 1000 and nil all existing rules rull and regulations hero here prescribed under said not act b by this department are hereby |
