I 



THE PER'IOD OF BEGINNINGS 66 



1874, which provided that if land included in a railroad grant was 

 found in the possession of settlers, the railroad might select other 

 lands in lieu of it.**^ This was an equitable and innocent enough pro- 

 vision, apparently, but it enabled some of the railroads to acquire 

 more valuable lands than their grants really entitled them to. 



UNFAVORABLE LEGISLATION APPLYING SPECIFICALLY TO 



TIMBER 



The various measures above discussed did not apply specifically to 

 timber lands. Of legislation applying specifically to timber lands, and 

 injurious thereto, perhaps the earliest example was the grant of mate- 

 rials, including timber on the public domain, for the purpose of rail- 

 road construction. In 1822, Illinois was granted the right to use 

 materials for the construction of a canal, and in 1835, a railroad, 

 from Tallahassee to St. Marks, Florida, was given materials for 

 100 yards on each side of the track. In 1838, another Florida railroad 

 was given materials within twenty rods of the track, while a general 

 right-of-way act, in 1852, gave to any railroad chartered within ten 

 years, materials without any distance restriction ; and an act in 1872, 

 granting a right of way to the Denver & Rio Grande, gave mate- 

 rials for construction and repair. Here we can see increasing Congres- 

 sional generosity. Several acts in 1873, 1874, and 1875, gave mate- 

 rials for construction, and in 1875 that privilege was made general.®^ 

 It is true that in some cases this generosity was perhaps wise, but 

 great abuses arose, and a great deal of public timber was destroyed 

 under cover of these provisions. 



THE FREE TIMBER AND TIMBER AND STONE' ACTS 



The year 1878 marks the passage of two acts of great importance 

 in promoting the destruction of timber — the Free Timber Act, and 

 the Timber and Stone Act. In order to understand the passage of 

 these acts, however, it will be necessary to note briefly the status of 

 the public lands laws as they related to timber. 



Previous to the year 1878, no distinction was made between timber 

 lands and other lands, so that timber lands could be acquired from the 



91 Stat. 18, 194. 



92 Stat. 3, 659; 4, 778; 5, 253; 10, 28; 17, 339; 18, 482. 



