1904 FORESTRY AND IRRIGATION 107 



the day named such proof is offered, and, fact remains, however, that many of 



if deemed sufficient and there being no these entries were made by non-resi- 



protest nor allegation of fraud or collu- dents of the state in which the land is 



sion, payment at the rate of $2.50 per situated, who could not use the land 



acre is made and final receipt is issued. nor the timber upon it themselves, and 



This practically concludes the transac- it is apparent that they were made for 



tion, the issuing of the patent following speculative purposes and will eventually 



in due course of time. follow the course taken by many pre- 



The only grounds upon which the vious similar entries and become part 



entry by a qualified entryman would be of some large timber holding, 



refused are either that the land is not While this law is adapted to and 



chiefly valuable for timber or stone, or chiefly used for the acquisition of tim- 



that entry is not being made for the sole ber land, many entries have been made 



use and benefit of the entryman, but for under it where it was alleged that the 



speculative purposes. As the entries land is chiefly valuable for stone. There 



under this act are generally made for the is no doubt that the land in a very large 



timber which the land contains, proof is proportion of such entries was not de- 



seldom lacking that the land is chiefly sired on account of the stone which it 



valuable for timber. It is very difficult contained, but for the purpose of ob- 



to prove collusion or that the entry was taining control of water or to add to 



made for speculative purposes, although other holdings. There are, moreover, 



it is apparent that many such entries other laws under which land containing 



have been made. stone may be entered. 



In the case of United States v. Budd Our conclusion is that the law is de- 

 (144 U. S., 154), in a decision made in fective, because even when properly 

 March, 1892, the United States Supreme administered it may be used for pur- 

 Court said (syllabus quoted): poses for which it was never intended, 



(1) That all the act of June 3, 1878, and we recommend its repeal, 

 denounces is a prior agreement by which If the timber and stone act is repealed 

 the patentee acts for another in the pur- some legislative enactment will be neces- 

 chase. sary providing for acquiring timber upon 



(2) That M. might rightfully go or the public lands. The manner in which 

 send into that vicinity (the vicinity of timber upon Indian lands has recently 

 the land) and make known generally to been disposed of suggests a plan for the 

 individuals a willingness to buy timber disposition of this timber upon the pub- 

 land at a price in excess of that which lie lands. The timber is advertised and 

 it would cost to obtain it from the gov- sold to the highest bidder, with the re- 

 ernment, and that a person knowing of suit that the market price has been ob- 

 that offer might rightfully go to the land tained. 



office and purchase a timber lot from the Some means should be provided by 



government and transfer it to M. for which the matured timber upon the un- 



the stated excess without violating the reserved public lands may be sold, not 



act of June 3, 1878. only for the use of individuals, but also 



The Commission believes that Con- to supply the demands of commerce. 



gress did not intend that this law There is now a provision of law for the 



should be used for the acquisition of free use of timber in limited quantities 



large tracts of valuable timber land by for domestic and mining purposes which 



individuals or corporations, but it has meets the requirements of those needing 



been used for such purposes. Careful- small quantities, but there is no provision 



ness and vigilance in its administration for the sale of timber except from forest 



can not prevent its being so used. A reserves. 



great number of such entries were re- RECOMMENDATION OF SALE OF TIMBER. 

 cently suspended, but the most rigid 



investigation failed to show that any We recommend the enactment of a law 



considerable proportion of them had under which it shall be lawful for the 



been made in violation of the law, and Secretary of the Interior to sell to the 



the suspensions were removed. The highest bidder, at public outcry or oth- 



