12 TIMBER ON THE PUBLIC LANDS. 



United States/ and a system of timber agencies was established under 

 instructions from the Solicitor of the Treasury. 



In 1854 these agencies were discontinued, and supervision was trans- 

 ferred to the General Laud Office, in the Department of the Interior. 

 In 1855 a circular was issued, which remained the basis of regulation 

 until 1877.t Under this, the officers of the several laud-offices were 

 directed, whenever reliable information reached them that spoliations 

 of i)ublic timber were being committed, to investigate the mutter, and 

 to seize all timber found to have been cut without authority on the 

 public lands, to sell the same to the highest bidder at public auction, 



^ Some of these decisions were as follows: 



Intruders may be removed by military force under act of ilarch 3, 1H07. The United 

 States have also the common-law and chancery remedies enjoyed by individuals for 

 protection and redress. {Attorneij-GeneraVa Opinions, I; Wirt, May 27, Id'il.) 



The rights of settlers in East Florida in respect to the cutting of live-oak were 

 deliued as follows: "They are not entitled to cut live-oak or other timber, except for 

 the purpose of clearing, until tht-y have complied with all the cor.ditions of the law. 

 The conditions precedent to that right are: the obtaining of a permit; residence five 

 years in the Tei'ritory ; the erection of a house ; clearing at least live acres; and actual 

 residence four years nest following the first year of the date of the permit, with proofs 

 of these facts in manner specified." {Attorneij-GcneraVa Opinions, IV, 221; Nelson, 

 August 11, ld43. See, also, Id., IV, IO.t ; Nelson, July 16, 1845.) 



Case of United States vs. Ephraim Briggs, in which it was decided that "the title-of 

 the act would indicate that timber reserved for naval purposes was meant to be pro- 

 tected by this mode and no other. But the enacting clause is general, and therefore 

 cutting and using of oak and hickory, or any other description of timber-trees, from 

 the public lands is indictable and punishable by hue and imprisonment." {Howard's 

 Supreme Court Beports, IX, 351; January term, 1850.) 



t Circular of Commissioner of Gexerax Land Office (1855 to 1877). 



Department of the Interior, General Land Office, 



Washington, D. C, December 24, 1855. 



Gentlemen : The Secretary of the Interior has concluded to change the present sys- 

 tem of (tjmber agencies, and to devolve the duties connected therewith upon the 

 oBficers of the local land-dintricts. By this direction, therefore, you will, upon the re- 

 ceipt of these instructions, take charge of the timber business within the limits of your 

 land district, as a part of the general duties of your office; and it is accordingly 

 hereby assigned to you as such, with the understanding that, hereafter, it is to be con- 

 sidered and held as a proper incident to, and in fact a part of, your general duties, 

 covered and satislied ljy the salary which the law i^rovides for your respective 

 offices. 



That you may understand the nature of this jiart of your duties, your attention i3 

 directed to the following : 



l^t. Attorney-General Wirt, in an opinion of the 27th of May, 1821, holds as follows: 

 " Independent of positive legislative provi-ions, I apprehend that, in relation to all 

 property, real or personal, wnich the United States are authorized by the Coustitution 

 to hold, they have all the civil remedies, whether for the prevention or redress of in- 

 juries, which individuals possess. (See 3 Wheaton, 181.) So the United St.ates, being 

 authorized to accept and to hold these lands for the common good, must have .all the 

 legal means of protecting the property thus confided to them that individuals enjoy in 

 like cases. » » * » They are, therefore, in my opinion, entitled to the injunction 

 of waste by way of prevention, and to the action of trespass by way of punishment, in 

 like manner as individuals similarly situated are entitled to them " 



2d. Attorney-General Taney, now Chief Justice of the United States, in an opinion of 

 22d August, 1833, cites this opinion of Mr. Wirt, and concurs in it. 



3d. Attorney-General Mason, in a communication of 16th Julj', 1845, refers to the 

 opinion of Attorney-General Nelson, of the 11th August, 1843, and, in concurring in it, 

 states that, '" Avhen the right of pre-emption exists, the settler who has complied with 

 the provisions of the act of 4th Septemtnjr, 1841, has a right of occupancy for twelve 

 months, within which he may perfect his title by paj'ing the minimum price of the 

 land. Like the settlers under the armed occupation act, his right is inchoate only ; and 

 be has only those rights of property which are necessary to the perfecting of his title. 

 He may clear the land, build on it, and inclose it with a view to cultivation. For 

 tliese purposes he may use or destroy any trees which may be necessary, but within 

 these restrictions, and necessary fire-wood, he is confined." 



The penal act of 2d March, 1831, provides " for the punishment of offenses committed 



