362 



LANDS 



Ruling as to Timber on Right of Way 



The following is the substance of a recent decision by the Law Officer at Wash- 

 ington: When a right of way, permitted under an act of Congress, crosses an agri- 

 cultural or mining claim, whether the claim antedates the right of way or not and 

 whether the claim is apparently held in good faith or not, if timber is cut and removed 

 in clearing such right of way, payment should be made to the Government in all cases 

 except one, viz, where the timber so cut is at that tune needed by the claimant for 

 the purposes allowed by law, in which case he should be allowed to take, without 

 payment, the timber which is cut, up to the amount of his needs. If, subsequently, 

 any such claimant should need timber for the purposes allowed by law and should 

 be unable to obtain it on his claim, he should be allowed to take timber from other 

 lands of the United States for those purposes up to the amount of that which was so 

 removed. 



Withdrawal Notices- 

 Notices posted on lands withdrawn for administrative purposes should contain an 

 accurate description of the areas inclosed. Surveyed lands should be described by 

 legal subdivisions and unsurveyed tracts should be clearly indicated by stating 

 the place of beginning and the courses and distances. The notices should be placed 

 in conspicuous places to warn intending settlers under the Act of June 11, 1906, of the 

 withdrawals. Cloth should be used and the description should be written or printed 

 with indelible ink so as to stand the weather and not become obliterated. All notices 

 on ranger stations not yet withdrawn should conform to these requirements as far 

 as possible to avoid conflict with applicants under the Act of June 11, 1906. 



