18 - FORESTRY OF THE MISSISSIPPI VALLEY. 
law. I would suggest that section 3 of the timber-culture act, approved June 14, 
1878, be amended as follows, viz: 
“« And be it further provided. That lands once appropriated under this act shall not, 
in case of the cancellation of a timber-culture entry or from any cause, be subject to 
entry under any other law, but shall be only subject to entry under this act.” 
Anamendment of this kind would stop speculation of the nature [have stated, and, 
in my judgment, insure, beyond question, the successful growing of timber in Kansas, 
for land once entered under this law would be thereafter forever dedicated to the sue- 
cessful growing of timber, and title could only be obtained, be he original claimant or 
otherwise, by making the growing of timbefa success, and it hasalready been demon- 
strated that timber can be successfully grown even in western Kansas, by honest and 
intelligent effort. 
E. A. Knidler, register, and C. H. Gould, receiver of the United States 
land office, at Miles City, Mont., present some valuable ideas about the 
operations of the timber-culture act in the following letter: 
We would state that the intention of the act is excellent. Theoretically the lawis 
good, but in the practical application of the same it has proved very faulty. 
It is an excellent law for speculators in prospective town sites, as one person at least 
in eastern Montana has discovered, said person taking up a ‘‘tree claim” at the cost 
of $14, and, before expending one penny for breaking, even, received $5,000 for his 
relinquishment. 
We are of the opinion that out here nine persons out of ten, who make timber-cul- 
ture entries, do not expect to ever plant a cutting, 
The lands most sought after in this land district are the bottom lands along the Yel- 
lowstone, the Tongue, Powder, and Rosebud rivers, and nearly every section along 
and skirting those streams contains more or less timber. The average speculator en- 
deavors to take the best bottom lands and with just as many trees upon the section, 
and frequently upon the tract actually entered under the timber-culture laws, asthey 
dare or can; they hold the land a year or two, and then, if itis not contested as fraud- 
ulent, they relinquish their entry, asking that theirright and fee and commissions be 
returned to them, upon the ground that the entry cannot be confirmed, the land not 
being subject to timber-culture entry. There has not been to our knowledge a cut- 
ting, seed, or a tree planted upon a timber-culture claim in this land district, but cot- 
tonwood trees have been plantedin the yards and streets in town, and nearly all have 
grown, although the ground has never been prepared or cultivated. In our opinion, 
trees can be successfully raised upon prairie land by careful and intelligent care and 
culture. 
We think the present timber-culture laws should be repealed or amended as follows, 
Viz: 
Ist. The applicant should be required to» swear that he personally examined the 
whole section of 640 acres, finding the corners of the same, and that there is not at 
the date of the affidavit, and apparently never has been, upon the said 640 acres any 
trees, shrubs or brush growing thereon, excepting ——— (describing the growth). 
This would enable the local officers to judge by the affidavit as to the character of the 
land. Under no circumstances should the applicant be allowed his right and fee and 
commissions restored to him. 
2d. When a tract of land has once been withdrawn by a timber-culture entry it 
should not thereafter be subject to homestead, pre-emption, scrip location or cash en- 
try, provided the land should be properly subject to timber-culture entry. Nor 
should more than three timber-culture entries be allowed for the same tract, the for- 
mer entry having been cancelled for relinquishment, or upon proof of non-compliance 
with law after contest. The tract thereafter (the three timber entries have been made) 
to become the property of the State, upon proof of compliance with the requirements 
of the timber-culture laws on the part of the duly authorized agent for the State. 
slip, or to sow a seed of a tree. 
