20 



ber, and that it would cost $200 an acre to fell the trees and remove the logs and 

 brush, leaving the stumps. The claimant had fenced about one-fourth of an acre 

 and had spent two-thirds of his time upon the land. There was a habitable cabin 

 and a shed upon the claim and some trail work. After reciting these facts the Secre- 

 tary held: 



Taking into consideration the value of the timber and quality of the soil as 

 shown by preponderant competent testimony, the meager residence and 

 improvements, in view of his financial ability, the early final proof and termi- 

 nation of such residence, and the fact that claimant never had a domestic animal 

 or fowl on this land or otherwise indicated an intention of permanently residing 

 thereon, the Department is unable to find in the record any facts on which to 

 base a holding that the entry was made in good faith, for a home, and not for 

 speculative purposes, to dispose of the timber on the land. 



The Secretary also held that while the law does not require a claimant to return to 

 the land after proof, the fact that he did not do so had a bearing upon his good faith. 



Supervisors should be careful to preserve, in a convenient way, so that ready ref- 

 erence may be made to them, the published notes under the heading of Claims in 

 the Field Program from month to month. 



A new blank form of report is to be issued shortly for reporting on timber and 

 stone entries. This form will be made comprehensive and especially adapted to 

 reports on such claims. Until its issue and distribution to field officers, reports on 

 timber and stone entries should continue to be made on Form 655, using an insert 

 sheet if necessary. 



In making (final proof, the timber and stone entryman, under the regulations of 

 the General Land Office, and in accordance with the statement made in his applica- 

 tion, for purchase, must state that he made a personal examination of each and every 

 legal subdivision of the tract for which he applies. He is also required to state the 

 date and the circumstances under which such examination was made. 



As far as possible. Forest officers in reporting on timber and stone claims should 

 ascertain whether the claimant made such personal examination of the land, taking 

 into account the physical characteristics of the ground, whether mountainous or 

 steep, and its nearness to traveled roads or trails, and the distance from the claim- 

 ant's place of residence, where that residence can be ascertained. 



Supervisors and other Forest officers will please take note of the following decision 

 by the Acting Secretary of the Interior, in the case of Grand Canyon Railway Com- 

 pany v. Cameron, which is found reported in 36 L. D., page 66. 



The decision holds that 



Lands belonging to the United States can not be lawfully located or title 

 thereto, by patent, legally obtained under the mining laws for purposes or 

 uses foreign to those of mining or the development of minerals; and should it 

 be shown in the case of an application for mineral patent that the claims 

 applied for are not located in good faith for mining purposes, but for the pur- 

 pose of securing control of a trail upon lands belonging to the United States, 

 susceptible of such control by reason of the surrounding physical conditions, 

 so as to place the claimant in a position to charge for the privilege of using 

 the trail, and thereby to prevent the free and unrestricted use thereof by the 

 public, such claims would be fraudulent from their inception, and patents 

 thereto could not be obtained under the mining laws. 



