272 TIMBER TAKEN FROM PUBLIC LANDS 



It is to be noted that the act of March 3, 1891 (26 Stat. 

 L., 1093), and the acts amendatory thereof, applied only to 

 non-mineral public lands, while the act of June 3, 1878 

 (20 Stat. L. 88) applied only to mineral lands. l The act 

 of March 3, 1891, did not authorize the sale of timber from 

 the public lands, but only the granting of free use under such 

 regulations as the Secretary of the Interior should pre- 

 scribe. 2 The Secretary was given no authority under 

 either law to require permits for the cutting of timber on 

 actual agricultural or mining claims but only on public 

 lands to which no private claim had attached. The re- 

 moval of timber from a claim for unlawful purposes subjected 

 the offender to punishment under the penal statute, but his 

 right of use was absolute so long as he cut only for lawful 

 purposes. 3 



An act of August 10, 1912, (37 Stat. L., 269, 287) made 

 special provisions for farmers and settlers by authorizing the 

 sale of mature and dead and down timber from national 

 forests to them at actual cost, and the act of March 4, 1913, 

 (37 Stat. L., 1015) authorized the sale of fire-killed or injured 

 timber from homesteads prior to final proof under the super- 

 vision of the Secretary of the Interior. 



175. The Cutting of Timber on Mineral Lands. 



An act of June 3, 1878 (20 Stat. L., 88), authorized all bona 

 fide residents of the states of Colorado and Nevada, and of 

 the territories of New Mexico, Arizona, Utah, Wyoming, 

 Dakota, Idaho and Montana, as well as those of "all other 

 mineral districts of the United States," to fell and remove 

 from public lands mineral in character and subject to min- 

 eral entry only, [Act May 12, 1872 (17 Stat. L., 91)] timber 

 and trees "for building, agricultural mining or other do- 

 mestic purposes," subject to such regulations as the Secre- 

 tary of the Interior might prescribe for the protection of the 

 timber and undergrowth or for other purposes. A proviso 



1. Circular G. L. O. Jan. 18, 1900, (29 L. D. 571). 

 Circular G. L. O. Mar. 16. 1909 (37 L. D. 492). 

 Circular G. L. O. Mar. 25, 1913 (42 L. D. 30) No. 222. 



2. Circular G. L. O. Mar. 17, 1898 (26 L. D. 399). 

 Decision of Secretary of the Interior (29 L. D. 322). 



3. But see Lewis et al. v. Garlock (168 Fed. Rep. 153), holding that because of a 



paramount title the United States may sell insect infested timber on a mining 

 claim for the protection of other timber even without the consent of the claimant. 



