THE PERIODFROM1878TO 1891 89 



10, 1879, Representative Herbert of Alabama introduced a bill to 

 relieve trespassers from prosecution for timber stealing done previous 

 to that date, on payment of $1.25 per acre for the land.®^ This bill 

 to "license thieves on the public domain," as one of the opponents 

 called it, received the unanimous approval of the Committee on 

 Public Lands, composed of Representatives Converse of Ohio, Wright 

 of Pennsylvania, Steele of North Carolina, McKenzie of Kentucky, 

 Williams of Alabama, Hull of Florida, Ketchem of New York, Ryan 

 of Kansas, Sapp of Iowa, Washburn of Minnesota, and Bennett of 

 North Dakota. Dunnell of Minnesota at first opposed with char- 

 acteristic vigor, but later, after the bill had been somewhat amended, 

 changed his attitude. Conger of Michigan called it a bill "to make 

 easy trespass on the public domain," and Hazelton of Wisconsin 

 read a report from the Commissioner of the Land Office showing the 

 vast amount of timber stealing which would thus be condoned, show- 

 ing that trespasses had been reported during the two years previous, 

 amounting to 225,000,000 feet of lumber and 2,500,000 railroad ties, 

 besides a vast amount of other wood.** Poehler of Minnesota offered 

 an amendment requiring trespassers to pay double the government 

 price of the lands, but it failed by a vote of 50 to 32. 



In the debates on this bill it was frankly admitted that no efforts 

 had been made to stop timber stealing before the time of Schurz, and 

 Herbert argued that "to commence suddenly a system of prosecutions, 

 to enforce them vigorously, exacting the extreme penalty of the law, 

 is cruel and harsh."*^ 



There was much talk about the "spies and informers of the gov- 

 ernment," "infesting all parts of the timber-growing regions," "para- 

 lyzing the great lumber industries" of certain sections by seizing stolen 

 lumber, and making themselves generally obnoxious to the "poor 

 laborers" who had been working on the public lands."" 



A certain element of justice there was, it is true, in this bill. Dunnell 

 explained his change to a favorable attitude by saying that he had 

 learned of timber cut as early as 1863, found in the hands of purchas- 



87 H. R. 1846; 46 Cong. 1 sess. 



88 Cong. Rec, June 9, 1879, 1877. 



89 Ibid., Mar. 15, 1880, 1564. 



90 Ibid., May 20, 1880, 3580. 



