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2. PURPOSE FOR WHICH TIMBER IS CUT. The language of this act permits the cutting of timber for agricultural, mining, manufacturing, or domestic purposes and omits the word “other” found in the act of June 3, 1878 (20 Stat. 88), and the act, as worded, authorizes the cutting and use of timber on public lands for smelting purposes, as this is a domestic industry having relation to the industries specifically enumerated.

White, In re, 34 L. D. 78, pp. 80, 82.
See United States v. United Verde Copper Co., 196 U. S. 207.

City and County of Beaver, In re, 34 L. D. 112, p. 113.

3. PRIVILEGE OF CUTTING TIMBER NOT REPEALED, This statute and the subsequent amendment of 1901 show that Congress by the amendment of August 4, 1892 (27 Stat. 348), did not intend to repeal the privilege granted to cut timber by the original act of June 3, 1878.

United States v. Price Trading Co., 109 Fed. 239, p. 248.
United States v. Edgar, 140 Fed. 655, p. 660.

By the act of August 4, 1892 (27 Stat. 348), this statute and the act of June 3, 1878 (20 Stat. 89), were amended by making section 4 of the latter act extend to all publicland States, and this included the State of Colorado. Stubbs v. United States, 111 Fed. 366, p. 368.

4. CRIMINAL PROSECUTION-DEFENSE. This statute provides that in a criminal prosecution or civil action for a trespass in cutting timber on public lands in certain States and Territories, and in certain portions of other States and Territories, the defendant may show that the timber alleged to be cut or removed was so cut or removed for use by a resident for agricultural, manufacturing, mining, or domestic purposes, but this act does not repeal the act of June 3, 1878, providing for cutting timber on mineral lands.

Stubbs v. United States, 104 Fed. 988, p. 989.
Stubbs v. United States, 111 Fed. 366, p. 368.

27 STAT. 444, FEBRUARY 13, 1893. TIMBER CUTTING ON MINERAL LANDS-AMENDMENT. AN ACT To extend the provisions of section 8 of the act entitled "An act to repeal

timber-culture laws, and for other purposes,” approved March 3, 1891, concerning prosecutions for cutting on public lands, to Wyoming, New Mexico, and Arizona.

Be it enacted, etc., That section 8 of the act entitled "An act to repeal timber-culture laws, and for other purposes,

approved March 3, 1891, as amended by an act approved March 3, 1891, chapter 559 (26 Stat. 1093), be, and the same is hereby, amended as follows: After the word "Wyoming,” in said amended 'act, insert the words “New Mexico and Arizona.

June 30,

*

30 STAT. 597, p. 618; 2 SUPP. 874, p. 875; JULY 1, 1898. REMOVING TIMBER FOR MINING PURPOSES—AMENDMENT. AN ACT Making appropriations for sundry civil expenses for the fiscal year ending

1899. Be it enacted, etc.,

That section 8 of an act entitled “An act to repeal the timberculture laws, and for other purposes, approved March 3, 1891 (26 Stat. 1095), be, and the same is hereby, amended as follows:

Sec. 8. That it shall be lawful for the Secretary of the Interior to grant permits, under the provisions of the eighth section of the

act of March 3, 1891, to citizens of Idaho and Wyoming to cut timber in the State of Wyoming west of the continental divide, on the Snake River and its tributaries to the boundary line of Idaho, for agricultural, mining, or other domestic purposes, and to remove the timber so cut to the State of Idaho.

See 26 Stat. 1093, p. 1350; 26 Stat. 1095, p. 1099, p. 947.

A. PERMITS TO CUT TIMBER FOR MINING PURPOSES.

This statute authorizes the granting of permits to citizens of the States named to cut timber for agricultural, mining, or other domestic puposes.

White, In re, 34 L. D. 78, p. 81.
See City and County of Beaver, In re, 34 L. D. 112, p. 113.

31 STAT. 1436, 2 SUPP. R. S. 875, MARCH 3, 1901.

TIMBER CUTTING ON MINERAL LANDS-AMENDMENT.

AN ACT To extend the provisions of section 8 of the act entitled "An act to repeal

timber-culture laws, and for other purposes," approved March 3, 1891, concerning prosecutions for cutting timber on public lands, to California, Oregon, and Washington.

Be it enacted, etc., That section 8 of the act entitled “An act to repeal timber-culture laws, and for other purposes, approved March 3, 1891, as amended by an act approved March 3, 1891 (26 Stat. 1093), be, and the same is hereby, amended as follows: After the word “Nevada,” in said amended act, insert the words “California, Oregon, and Washington.”

30 STAT. 11, p. 35, JUNE 4, 1897.

TIMBER CUTTING ON RESERVATIONS.

AN ACT Making appropriations for the sundry civil expenses of the Government for

the fiscal year ending June 30, 1898, and for other purposes. Be it enacted, etc., * The Secretary of the Interior may permit, under regulations to be prescribed by him, the use of timber and stone found upon such reservations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and other domestic purposes

, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located.

35 STAT. 1088, p. 1098, MARCH 4, 1909.

TIMBER CUTTING ON MINING CLAIMS.

AN ACT To codify, revise, and amend the penal laws of the United States. Be it enacted, etc.

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 $1,000, 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 working 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.

56974°-Bull. 94, pt 2—15

-34

TOWN-SITE SECTIONS AND ACTS.

SECTION 2386, REVISED STATUTES.

Where mineral veins are possessed, which possession is recognized by local authority, and to the extent so possessed and recognized, the title to town lots to be acquired shall be subject to such recognized possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States.

A. CONSTRUCTION AND APPLICATION OF SECTION.
B. TOWN-SITE ENTRY, p. 1355.

C. TOWN-SITE LAWS-MINERAL LANDS NOT ACQUIRED UNDER, p. 1355.

D. TOWN SITES, p.1357.
E. TOWN-SITE OWNER, p. 1360.
F. PATENT FOR MINERAL LANDS, p. 1361.
G. TOWN-SITE PATENT, p. 1362.

A. CONSTRUCTION AND APPLICATION OF SECTION.

This section is a precautionary measure or enactment designed for the protection of the miner in pursuance of the already well-defined policy of the Government to encourage the development of its mineral resources.

Hawke v. Deffeback, 4 Dak. 20, p. 28.
See Townsite of Central City, In re, 2 C. L. O. 150.

This section is a part of the same general system of laws designated as the Revised Statutes, approved June 22, 1874, and of which all the mining laws are a part, and this fact alone forbids the idea that this section was intended to operate as a removal or modification of the limitations imposed by the mining laws upon the sale of mineral lands.

Hawke v. Deffeback, 4 Dak. 20, p. 30.

This section is a recognition of both the possessory rights of the miners on the public mineral lands and the authority and validity of the local rules and regulations in relation thereto, though the Government had no intention of parting with its title, and the statute must be construed with others bearing upon the same subject.

Silver Bow Min., etc., Co. v. Clark, 5 Mont. 378, pp. 409, 410.

This section applies only to town lots acquired under the provisions of the preceding sections, which together comprise the acts of July 1, 1864 (13 Stat. 343), and March 3, 1865 (13 Stat. 529), and as no provision then had been made for the acquisition of title to mineral lands nor had there been any statutory regulation of the possessory rights of miners, it seems that the purpose of this section was precautionary and intended to protect any mining rights found to exist within town sites under local customs and regulations recognized by the Government.

Hawke v. Deffeback, 4 Dak. 20, p. 31.
See McDonald v. Hovey, 110 U. S. 619.

B. TOWN-SITE ENTRY.

1. NATURE AND PURPOSE.
2. MADE ON MINERAL LANDS.

1. NATURE AND PURPOSE.

This section provides for the entry of any portion of the public lands occupied as a town site, the entry to be in trust for the use and benefit of the occupants according to their respective interests, subject to local legislative authority, and the right to enter is limited to lands actually occupied by the town, and makes the title to the town lots subject to the possession of mineral claims where such possession is recognized by local authority.

Deffeback v. Hawke, 115 U. S. 392, p. 403.
Davis v. Weibbold, 139 U. S. 507, p. 516.
Golden v. Murphy, 31 Nev. 395, p. 411.

This section, with others, contemplates that towns will exist in mining localities and that entries may be made of such town sites.

Townsite of Butte, In re, 3 C. L. 0. 131.

2. MADE ON MINERAL LANDS.

Town sites may be located on mineral land, but the town-site claimants will hold the claim subject to the rights of the mineral claimant.

Smith, In re (on review), 10 L, D. 184.
See Esler v. Townsite of Cooke, 4 L. D. 212.

The town-site laws clearly contemplate that towns will exist in mining locations, and by clear implication town-site entries are to be permitted on mineral land, as indicated by the clause excepting the title to mines from the title acquired by the town.

Townsite of Central City, In re, 2 C. L. 0. 150.
See Townsite of Butte, In re, 3 C. L. 0. 131.

Townsite of Deadwood, In re, 8 C. L. 0. 18.
A placer claim may be used as a town site.
Schwab v.

Bean, 86 Fed. 41, p. 43.
See Smelting Co. v. Kemp, 104 U. S. 636.
This section permits town-site entries overlying lode claims.
Townsite of Central City, In re, 2 C. L. 0. 150.
Townsite of Deadwood, In re, 8 C. L. 0. 18.

Town-site entries are permissible which may embrace within their limits valid mining claims and veins or lodes containing valuable mineral deposits upon which no locations have been made.

Townsite of Eureka Springs v. Conant, 8 C. L. 0.3. A town-site grant, under this section, is not limited because made upon a part of an original mining location, where such part had been abandoned by the locator marking the boundaries and taking a patent for a small part of his original location under the statute of 1866.

Larned v. Jenkins, 113 Fed. 634, p. 637.

C. TOWN-SITE LAWS-MINERAL LANDS NOT ACQUIRED UNDER.

See sec. 2392, p. 1367.

No title can be acquired under the preemption, homestead, or town-site laws to lands known at the time of sale to be valuable for minerals, and the phrase “known at the

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