124 INJURY TO TREES AS A CRIME 



On June 4, 1888 (25 Stat. 166) section 5388 of the Revised 

 Statutes was amended so as to specifically apply to timber 

 on Indian reservations and to provide for alternative or 

 combined fine and imprisonment. On September 21, 1888, 

 the Attorney General held that section 5388, as amended, 

 did not apply to individual Indian allotments. : 



Because of a conflict in court decisions as to the applic- 

 ability of sections 2461 or 5388 of the revised statutes to the 

 boxing of trees on public lands for the purpose of making 

 turpentine and other products, 2 it was found difficult to 

 protect the timber on public lands from injuries of this char- 

 acter. An act of June 4, 1,906 (34 Stat. 208) cured the de- 

 fect by declaring the chipping or boxing of a tree upon public 

 lands for any such purpose to be a misdemeanor punishable 

 by a fine of not over $500, or imprisonment for not over 

 twelve months, or by both such fine and imprisonment. 



In an act of March 4, 1909, (35 Stat, 1088) entitled "An 

 act to codify, revise and amend the penal laws of the United 

 State?," the provisions of previous acts weie combined and 

 amended in sections 49, 50 and 51 (35 Stat. 1098). Section 49 

 reenacted with certain modifications the provisions of sec- 

 tion 2461 of the Revised Statutes of 1878 and section 4 of the 

 act of June 3, 1878 (20 Stat. 89). This section provides a 

 fine of not over $1000 or imprisonment for not over one year, 

 or both; but excepts ordinary uses by miners and agricul- 

 turists and all other privileges under existing laws. Section 

 50 was a reenactment of section 5388 of the Revised Statutes 

 of 1878, as amended by the act of June 4, 1888 (25 Stat. 166) . 

 Section 51 was substantially a reenactment of the act of 

 June 4, 1906 (34 Stat. 208) regarding the boxing of timber 

 for turpentine purposes. 



Section 6 of an act of June 25, 1910, (36 Stat. 855) amend- 

 ed section 50 of the act of March 4, 1909, so as to make it 

 a criminal offense to cut timber from Indian allotments 

 during the time that they are held under trust patents or 

 under patents containing restrictions against alienation, 

 with the same penalties as for an unlawful cutting from 



1. 19 Op. Atty. Gen'l 183. 



2. Held not applicable. Bryant v. U. S. 105 Fed. 941, 45 C. C. A. 145 (1901): U. 8. 



v. Garretson 42 Fed. 22 (1890); Leatherbury v. U. S. 32 Fed. 780 (1887). 

 Held applicable. U. S. v. Taylor 35 Fed. 484 (1888). See 4 L D. 1. See Davis 

 v. State, 80 Miss. 376, 31 So. 742 (Under Miss, act making boxing an offense). 



