TRESPASSES TIMBER. 103 



three hundred and eighty-eight of the Revised Statutes of the United 

 States. 



Note. — The statutes referred to in the closing lines of the above act were 

 both expressly repealed in the revised criminal code of 1909. The amending 

 act (25 Stat., 166) is, however, printed next below. For effect of repeal, see 

 U. S. v. Gibson, " Decisions," infra, page 111. 



Penalty for violation of regulations 



Act of June 4, 1888 (25 Stat., 166). 



Section fifty-three hundred and eighty-eight of the [Revised 

 Statutes of the United States be amended so as to read as follows: 

 " Every person who unlawfully cuts, or aids or is employed in un- 

 lawfully cutting, or wantonly destroys or procures to be wantonly 

 destroyed, any timber standing upon the land of the United States 

 which, in pursuance of law, may be reserved or purchased for mili- 

 tary or other purposes, or upon any Indian reservation, or lands 

 belonging to or occupied by any tribe of Indians under authority of 

 the United States, shall pay a fine of not more than five hundred 

 dollars or be imprisoned not more than twelve months, or both, in 

 the discretion of the court." 



TIMBER TRESPASSES. 



Criminal Code of March 4, 1909 (36 Stat., 1088, 1098). 



Sec. 49. Whoever shall cut, or cause or procure to be cut, or shall 

 wantonly destroy, or cause to be wantonly destroyed, any timber 

 growing on the public lands of the United States ; or whoever shall 

 remove, or cause to be removed, any timber from said public lands, 

 with intent to export or to dispose of the same; or whoever, being 

 the owner, master, or consignee of any vessel, or the owner, director, 

 or agent of any railroad, shall knowingly transport any timber so cut 

 or removed from said lands, or lumber manufactured therefrom, shall 

 be fined not more than one thousand dollars, or imprisoned not more 

 than one year, or both. Nothing in this section shall prevent any 

 miner or agriculturist from clearing his land in the ordinary work- 

 ing of his mining claim, or in the preparation of his farm for tillage, 

 or from taking the timber necessary to support his improvements, or 

 the taking of timber for the use of the United States. And nothing 

 in this section shall interfere with or take away any right or privilege 

 under any existing law of the United States to cut or remove timber 

 from any public lands. 



Sec. 50. Whoever shall unlawfully cut, or aid in unlawfully cut- 

 ting, or shall wantonly injure or destroy, or procure to be wantonly 

 injured or destroyed, any tree, growing, standing, or being upon any 

 land of the United States which, in pursuance of law, has been re- 

 served or purchased by the United States for any public use, or upon 

 any Indian reservation, or lands belonging to or occupied by any 

 tribe of Indians under the authority of the United States, or any 

 Indian allotment while the title to the same shall be held in trust by 

 the Government, or while the same shall remain inalienable by the 

 allottee without the consent of the United States, shall be fined not 

 more than five hundred dollars, or imprisoned not more than one 

 year, or both. (As amended by act June 25, 1910, 36 Stat., 855, 857.) 



