EXTRACTS FROM REPORTS OF THE COMMISSIONERS OF THE 



LAND OFFICE. 



Commissioner Williamson, in his reports, deals at length and in detail 

 with the depredations, the deficiency of fnnds to counteract them, the 

 feeling of the law-abiding citizens in regard to them, and proposed 

 changes. 



Commissioner McFarlaud says, in 1881 : 



The existing provisions of law permitting citizens to fell and remove timber on the 

 public lands for mining and domestic purposes, as found in act of June 3, 1878, are, 

 in my opinion, very defective. The only lands from wLicli such cutting is authorized 

 are the mineral lauds. 



(1) The mine>al lands are to a great extent undefined and necessarily must so re- 

 main. 



• (2) Large quantities of timber are absolutely necessary for the development of 

 mines, ^vhile the said act authorizes the cutting thereon of the timber for other pur- 

 poses. The purchaser of a mining claim has as much (if not a greater) need for the 

 timber thereon as the agriculturist; and the transportation of timber to the mines 

 from a distance is very expensive. 



(3) The law furnishes no relief to such as reside at a distance from such lands. 

 The situation is practically this: The settlers on lands devoid of timber need timber 

 for fuel, building, etc. Very frequently they can not get it, except from the public 

 lands. If they can. not get it legally still they will take it, and when taken solely 

 for said purposes it is under circumstances which largely mitigate the technical legal 

 offense. 



While parties who steal the public timber for speculation and profit deserve severe 

 punishment, those who use it solely for home purposes, under the imperative necessities 

 above mentioned, should have their privileges accurately and reasonably defined. 1 

 deem the enactment of some law which will accomplish this end to be very desirable 

 and in the public interest. 



In 1882 : 



Proceedings for the protection of the public timber are now had under several dif- 

 ferent statutes, some of a general and others of a more local character. Much em- 

 barrassment grows out of this diverse legislation, portions of which are also coufiict- 

 ing. 



It is my opinion that a general law should be enacted clearly defining the rights of 

 citizens to take timber from the public lands for prescribed purposes, and providing 

 penalties for unlawful cutting, removal, destruction, or waste. 



Of the various classes of cases of trespass with which this office has to deal, thu 

 most numerous are those committed under cover of homestead entries, fraudulently 

 made for the purpose of securing the timber on the land. This class of entries does 

 not seem confined to any one locality, but the fraud is perpetrated wherever there 

 ^ve public timber lauds subject to entry under the homestead laws, 



g4738— Bull 2—3 17 



