56 



CHAPTER VIII 



PASTURAGE IN FORESTS. 



The pasture of domestic animals on forest lands has always been 

 a troublesome question. 



Pasturage in forests has been at all times and in all countries a 

 difBcult problem to deal with. In Europe the use of forests for pasture 

 persisted for a long time, and in some cases still persists, through the 

 rights of communes holding forest lands in common. This right is 

 that each member of the society could use the forest communal land 

 for pasture. 



There were also certain rights of the people under the feudal sys- 

 tem to uses of the forests. 



Both our laws and customs in this country, dealing with the public 

 forest lands, reflect this older system. 



COMMUNAL USE UNJUST AND RUINOUS. 



The feeling amongst our people, and especially amongst pioneers, 

 is that the forest is common property. Its values go to the first comer. 

 The first comer can take the wood, or use the pasture, or kill the fish 

 and game. For many years the lumber business was operated on tha 

 public lands on this theory. Even recently, lumber companies have 

 cut over immense areas of the public land, without acquiring title to the 

 land. In a case examined some years ago one lumber company, 

 amongst others, was proved to have cut and marketed in this State 

 over two million dollars' worth of timber from public lands, and a 

 proportionately large amount from State school lands, without pay- 

 ment of a single cent to anyone. 



The law permits settlers to take from the public land timber for 

 buildings, fences, flumes, etc., for their own improvements. Miners 

 enjoy similar privileges under laws or permits from the Interior De- 

 partment. 



