57 



act ; but if it is shown that the permittee has not the preference right of entry, 

 the listing of the land for opening to entry will be deferred by the Secretary of 

 Agriculture to protect growing crops. 



Applications for listing will not be affected by this order. 



GIFFORD PINCHOT, Forester. 



NATIONAL FOREST ORDER 35. 

 Disposal of Timber on Valid Mining and Other Land Claims. 



APRIL 30, 1907. 



To Forest Officers in Charge: 



The question whether the Government has or has not the right to sell timber 

 from a mining or other valid land claim upon which final proof has not yet been 

 made has never been settled in the courts. When a claimant is actually occu- 

 pying and developing his claim, the timber should not be disposed of by the 

 Forest Service. If, however, any claimant is not actively using his claim, 

 forest officers should not hesitate to allow, either under sale or " free use," the 

 cutting and removal of dead, down, diseased, or insect-infested timber, espe- 

 cially when they consider such timber a danger to the Forest. If the danger is 

 great, it should be reported to the Forester even though the claim is actively 

 used. 



No attempt shou-ld be made to sell the sound standing green timber upon 

 unperfected valid mining or other claims, whether they are being actively used 

 or not. 



The Forest Service has the undoubted right to sell any timber upon a land 

 claim to the rightful claimant for any use whatever. This is so for two rea- 

 sons: (1) On the supposition that the legal title to the timber remains in the 

 Government until patent issues; (2) because nobody except the claimant has 

 the right to object to such a sale or question its legality, and by the purchase 

 he waives all objections. For the same reasons such a sale may be made to a 

 third party, with the consent of the rightful claimant, which should be in 

 writing and filed with the other papers in the case. 



NATIONAL FOREST ORDER 36. 

 Extension of Time in Classes A and B Timber Sales. 



APRIL 30, 1907. 

 To Forest Officers in Charge: 



Supervisors may, without application to the Forester, extend the time allowed 

 for the cutting and removal of timber in timber sales of Class A and Class B. 

 Extensions of time should be granted only to prevent hardship in cases where 

 unavoidable delay has occurred, and the Forester should be notified at once 

 in each case. 



GIFFORD PINCHOT, Forester. 



