246 THE USE BOOK. 



NOTE. The penalty here imposed applies to all timber on 

 lands of the United States. 



Rulings with re- U. S. V. BriggS, 9 How., 351. 



gard to timber tres- Homestead settlers may sell timber 

 ind * cut for cultivation purposes, but not 



otherwise. 



Shiver v. U. S., 159 U. S., 491. 

 Stone v. U. S., 167 U. S., 178. 



Clearing land for grazing purposes without ploughing it 

 up is not cultivation within the meaning of the law. 



U. S. v. Niemeyer, 94 Fed. Rep., 147. 

 Ignorance of the law is no defense. 



U. S. v. Murphy, 32 Fed. Rep., 376. 



It is error for the court to instruct the jury that the Gov- 

 ernment has always tacitly permitted the pioneer settlers to 

 cut timber from the public domain. 



U. S. v. Mock, 149 U. S., 273. 



Persons may not carry off timber or other property from 

 public lands and sell it for profit. 

 U. S. v. Mock, 149 U. S., 273. 



TIMBER ON MINERAL LAND. 



ACT JUNE 3, 1878 (20 STAT., 88). 



(This act applies only to unreserved land not within National 

 Forests. ) 



SEC. 1. All citizens of the United States and other persons, 

 bona fide residents of the State of Colorado, or Nevada, or 

 either of the Territories of New Mexico, Ari- 

 z <: Utah Wyoming, Dakota, Idaho, or 

 Montana, and all other mineral districts of 

 the United States, shall be, and are hereby, authorized and per- 

 mitted to fell and remove, for building, agricultural, mining, or 

 other domestic purposes, any timber or other trees growing or 

 being on the public lands, said lands being mineral, and not 

 subject to entry under existing laws of the United States, ex- 

 cept for mineral entry, in either of said States, Territories, or 

 districts of which such citizens or persons may be at the time 

 bona fide residents, subject to such rules and regulations as 

 Secretary of the In- tlie Secretary of the Interior may prescribe 

 terior to regulate. for the protection of the timber and of the 

 Not to extend to undergrowth growing upon such lands, and 

 for other purposes: Provided, The provisions 

 of this act shall not extend to railroad corporations. 



NOTE. By virtue of power granted to the Secretary of 



the Interior under act of June 3, 187$ (20 



Disposal of tops, gtat, 88), said Secretary provides, in his 



brush, and other ref- ru , eg ftnd regulatioil g governing the use 



of timber on the public mineral lands " 



