| Show THE TIMBER ACT subjoined Sub joined is the circular recently issued from the department of the interior regarding tho the rules governing the use of timber on the public domain 41 theace the act so far ats an it relates to timber on the public land applies only to the states of colorado montana idaho north dakota south baota D cikota wyoming and nevada the district of alaska and the territory of utah 92 2 H the right of railroad companies to procure timber for construction purposes from the public land adjacent to the lines of their roads authorized by the several granting acts and the act of march 3 1875 18 stats state is in no way enlarged by this act 3 the act of june 3 1878 20 stats state authorizing the cutting of timber for building agricultural mining and other domestic purposes from public lands which are known to be mineral and not subject to entry under existing laws of the united states except for mineral entry is not repealed by this act but remains in force sub eject to the rules and regulations prescribed by the secretary of the interior 4 settlers upon the public lands miners farmers and other bong bona fide residents in either of the states district or territory named in this rot act who have not a sufficient supply of timber on their own claims or lands for firewood fencing or building purposes or for necessary use in devel developing op the mineral or other natural resources of the lands owned or occupied by them are permitted to procure timber from the public lands strictly for the purposes enumerated in this section but not for sale or disposal or use on other lands or by other persons but this section shall not be construed to give the right to cut timber on any appropriated or reserved public lands and the secretary of the interior reserves the right to prescribe such further restrictions as he may at any time deem necessary or to revoke the permission granted hereby in any cue case or cabes wherein he be has information that persons are abusing the conceded privileges or where it is necessary for the public good 5 section 2461 united states revised statutes is still in force in the states district and territory named in this not act as well as in all other states and temi territories tories of the united states its provisions may be enforced as hereto fore against any person who shall out cut or remove or cause or procure to be cut or removed or aid or assist or be employed in cutting or removing any timber from public lands of any other character or description or for any other use or purpose whatever than as above defined in sections 28 2 3 and 4 of these rules and regulations unless special permission to is first obtained from the secretary of the interior specifically designating the particular or tracts from which timber may be out cut and under what restrictions and limitations 16 persons firms or corporations residing in either of the states district or territory named in this act who desire to procure permission to out cut or remove timber from public lands tor for purposes of sale or trat traffic fic or to manufacture same into lumber or other timber product as an article of merchandise or fur for any ADY other use whatsoever other than as defined in sections 2 3 and 4 of these rules and regulations must first submit an application in writing to the secre tary of the interior designating the lands by townships and ranges if surveyed and if describing the lands by natural boundaries and the estimated number of acres therein they must also define the character of the land and the kind bind of trees or timber growing thereon giving an estimate as to the gyant quantity ity of each kind stating w particular kind or kinds kind they desire authority to out or remove and the specific purpose or purposes for which the timber or the product thereof is required the application must be sworn to and witnessed by not less lea than four reliable and responsible citizens of the state district or territory in which the land is situated and who reside in the locality of the particular land described 7 the petitioner or petitioners petition ers should also submit with che application such evidence as can be procured to conclusively ivelY show that the preservation of the timber or trees on the land described is not required for the public good but that its use as lumber or other product and for the purposes named in the application is a public necessity upon receipt of the application with accompanying papers it will be duly considered si and if deemed for public interest the desired permission will be granted subject to such restrictions restrict iona and limitations as may be deemed ue necessary cesry but if it shall appear that the cutting of timber in the locality described in the application will be detrimental to the public interest or infringe upon the rights and privileges of the settlers in that locality the application will be rejected 8 in order that farmers who desire to have the forests preserved in the interest of the water supply for irrigation and all others having adverse interests may have due notice of suck such applications the parties making an application as an herein provided shall cause a notice of such application describing the land and nand timber which it is desired to use to be published at least one week for three consecutive weeks in a newspaper of general circulation in the state district or territory and also in a newspaper in the county or where there is more than one county in each of the counties wherein the lands are situated ang and a printed copy of the published notice must be submitted with the a application together with the affidavit of the pub usher lisher or foreman of each newspaper attached thereto showing that the same was successively inserted the requisite number of times and the date thereof 19 1 9 the cutting or removing of any timber from public lands described in an application by or for the applicant before authority has been officially granted by the secretary of the interior will render the party so offending liable to prosecution for trespass and subject his bis application to rejection 10 sawmill owners lumber dealers and others who in any manner cause or procure 5 timber tv to be cut or removed from any public lands in viola law or these rules and regulations whether directly by men in their employ or indirectly through contract or by purchase are equally guilty of trespass with the individuals w boa dually cut or remove re move such timber and are alike liable to criminal prosecution the procurer or manufacturer fac of timber so cut as well as the purchaser of such timber or its products is liable in civil suit for the value thereof ill 11 II special agents will diligently investigate and report all such cases to this office for proper action |
