213 



IvTavj; and subjected any vessel transporting such timber without proper 

 authority and for any other purpose than for the use of the Navy, to con- 

 fiscation and the master ot the vessel to a fiue. 



This act is the one under which, up to the present time, all the pro- 

 tection they have had has been secured to the public forests, the Su- 

 preme Court having construed the act (9 How., 351) as authorizing the 

 protection of all timber on the i^ublic lands, and x)unishment for tres- 

 pass upon the same. Under the act of 1831, the Treasury Department 

 undertook a partial oversight and protectiou of timber on the public 

 lands through its ordinary agents. In 1855 this oversight was trans- 

 ferred to agents of the Land Department, registers and receivers being 

 instructed to act also as timber agents, but without any additional 

 compensation. Where trespass was willfully committed, payment of 

 stumpage was demanded or the timber was seized and sold and the 

 proceeds paid into the Treasury, Where the trespass was committed 

 ignorantly, actual entry of the land only was required, with payment 

 of the nsual entry charges. 



The first appropriation for the payment of agents specially employed 

 for the protection of timber on the public lands was made in 1872, when 

 $5,000 were appropriated. A like sum was appropriated annually 

 thereafter for five years. In 1878, to meet expenses for suppressing 

 depredations upon timber on the iniblic lands, $25,000 were appropri- 

 ated. Subsequent appropriations for this purpose are noticed in another 

 place. 



The following synopsis shows the course of legislation by the Gen- 

 eral Government in behalf of the forests and timber lands since the 

 l)assage of the act of 1831. 



It will be noticed that, with the exception of the acts of 1876, 1878, 

 1880, and 1883, none of the many bills which have been proposed have 

 been given the form of law. But the failures to secure legislation may 

 be as instructive and as important iu a correct history of forestry m 

 our country as the record of successes. This will justify the somewhat 

 extended, though not exhaustive, list of bills here given : 



Tear. Congress. 



1871 



1871 



41st, sa 



41st, 3il sess 



42(1, 1st sess. 



1872 1 42cl, 2d sess. 



Eouse in "n'hich 

 originated. 



H. E. 2930, 

 Sargent. 



H. E. 3005, 

 Sargent. 



H. K. 274, 

 Garfielde. 



H. E. 2197, 

 Haldemau. 



Object of bill. 



Fov the sale of timber lands in 

 Calitbruia and Oregon. 



To authorize tbe sale of timber 

 lands in California, Oregon, and 

 AVashiugton Territory, not ex- 

 ceeding 040 acres to one person 

 or association, witLout resi- 

 dence, at $2. 50 per acre. 



Same as tbe preceding 



To encourage tbe planting of trees 

 and tbe preservation of woods 

 on the public domain. (Tlie 

 first real and comprehensive for- 

 estry bill.) 



Action taken. 



Eeferred to Committee on 

 Public Lauds. 



Passed in House. In Sen- 

 ate referred to Commit- 

 tee on Public Lands. 



Eeferred to Committee on 

 Public Lands. 



Eeferred to Committee on 

 Agriculture. Reported 

 favorably. Failed of pas- 

 sage— 81'yeas, 87 nays. 



