270 TIMBER TAKEN FROM PUBLIC LANDS 



which came before them, l there was no positive legislative 

 authority for the practice. Section two of the trespass act 

 of March 1, 1817 (3 Stat. L., 347), may be considered to have 

 approved in a negative manner the use of the less valuable 

 limber on public lands without liability to prosecution, in 

 that the penalty imposed by it as to public lands not re- 

 served for naval purposes was specifically made applicable 

 only to live oak and red cedar cut for exportation from the 

 place of cutting. 



An act of April 30, 1878 (20 Stat. L, 46), making an ap- 

 propriation for the payment of the expenses connected with 

 the employment of timber agents by- the General Land 

 Office for the work of protecting the public lands from tim- 

 ber trespass, forbade the use of any portion of the special 

 appropriation therein made in the collection of fines or dam- 

 ages for timber cut by settlers for their own actual use from 

 unsurveyed and unoffered lands in any of the territories of 

 the United States. Although free use was not expressly 

 granted, it is apparent from this act that Congress recog- 

 nized the need of an available timber supply to meet the 

 requirements of settlers within the territories. However, 

 the same act authorized the seizure of any timber cut from 

 the public lands which should be exported out of the ter- 

 ritory within which it was cut. 



The act of June 3, 1878, Chapter 151, (20 Stat. L., 89), 

 known as the "Timber and Stone Act," by a proviso in sec- 

 tion four contained an unmistakable legislative recognition 

 as to certain states and territories of the well established 

 governmental policy of permitting miners and agriculturists 

 to take from the public lands, free of charge, such timber 

 as they needed for domestic purposes; 2 and another act, 

 passed the same day, (Chapter 150, 20 Stat. L.,88), express- 

 ly granted to bona fide residents of the states and territories 

 therein named the right to free use of timber, growing on 

 mineral lands, for all domestic purposes, provided such tim- 

 ber were not exported from the states and territories in 

 which it grew. The act of August 4, 1892, (27 Stat. L., 

 348) extended Chapter 151, June 3, 1878, to all public-land 

 states. 



1. U. 8. v. Smith. 11 Fed. 487. 8 Sawy. 100. 



2. G. L. O. Circular Nov. 30, 1908 (37 L. D. 289). 



