United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 117 of 150)
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or procure to be wantonly destroyed, or aid, assist, or be employed in
wantonly destroying any live-oak or red-cedar trees, or other timber
standing, growing, or being on any lands of the United States, which,
in pursuance of any law passed, or hereafter to be passed, have been
reserved or purchased for the use of the United States, for sup-
plying or furnishing therefrom timber for the Navy of the United
States; or if any person shall remove, or cause or procure to be
removed, or aid, or assist, or be employed in removing from any such
lands which have been reserved or purchased, any live-oak or red-
cedar trees, or other timber, unless duly authorized so to do, by order,
in writing, of a competent officer, and for the use of the Navy of the
United States; or if any person shall cut, or cause or procure to be
cut, or aid, or assist, or be employed in cutting any live-oak or red-
cedar trees, or other timber on, or shall remove, or cause or proctirc
to be removed, or aid, or assist, or be employed in removing any live-
oak or red-cedar trees or other timber, from any other lands of the
United States, acquired, or hereafter to be acquired, with intent to
export, dispose of, use, or employ the same in any manner whatsoever,
other than for the use of the Navy of the United States ; every such
person shall pay a fine not less than triple the value of the trees
or timber so cut, destroyed, or removed, and shall be imprisoned not
exceeding twelve months.

Act March 2, 1831, c. 66, f 1, 4 SUt 472.

See notes to Rev. St | 2463, poet, | 4982.

§ 4981. (R. S. § 2462.) Vessels employed in carrying away liye-

oak and red-cedar, forfeiture of.
If the master, owner, or consignee of any vessel shall knowingly
take on board any timber cut on lands which have been reserved or
purchased as in the preceding section prescribed, without proper au-
thority, and for the use of the Navy of the United States; or shall
take on board any live-oak or red-cedar timber cut on any other lands
of the United States, with intent to transport the same to any port
or place within the IJnited States, or to export the same to any for-
eign country, the vessel on board of which the same shall be taken,
transported, or seized, shall, with her tackle, apparel, and furniture,
be wholly forfeited to the United States, and the captain or master
of such vessel wherein the same was exported to any foreign coun-
try against the provisions of this section shall forfeit and pay to the
United States a sum not exceeding one thousand dollars.

Act March 2, 1831, c. 66, | 2, 4 Stat 472.

Aoy timber cut on the public lands waa liable to seizure wherever foand if
exported from the Territories of the United States, by Act April 30, 1878k c-
76. I 2, post, f 4984.

See, also, notes to Rev. St | 2463, post, | 4982.

§ 4982. (R. S. § 2463.) Clearance of vessels laden with live-oak:

prosecution of depredators.
It shall be the duty of all collectors of the customs within the
States of Alabama, Mississippi, Louisiana, and Florida, before allow-
ing a clearance to any vessel laden in whole or in part with live-oak

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Ch. IOf) the public lands § 4984

timber, to ascertain satisfactorily that such timber was cut from pri-
vate lands, or, if from public ones, by consent of the Navy Depart-
ment. And it is also made the duty of all officers of the customs,
and of the land officers within those States, to cause prosecutions
to be seasonably instituted against all persons known to be guilty of
depredations on, or injuries to, the live oak growing on the public
lands.

Act March 2, 1833, c. 67, § 3, 4 Stat. 647.

Proyisions substantially the same as those of the first part of t!us section
were made by R. S. § 4205, post, § 7796.,

The catting or destruction of timber 'or trees upon lands of the United
States which had been reserved or purchased for any public use was made
an offense by Act March 3, 1875, c. 151, 18 Stat. 481, proyisions of which were
incorporated into the Criminal Code, and which was repealed by section 341
of said Code, post, § 10515.

The penalties recoverable under this and the two preceding sections were
to be disposed of, one-half to the informers or captors, and one-half to the
Secretary of the Navy for the use of the Navy pension fund, and the Secretary
was authorized to remit, in whole or in part, said penalties, by Rev. St. § 4751,.
which was superseded by Act April 30, 1878, c 76, { 2, and Act June 8, 1878,
c. 151, § 5, post, |§ 4987, 4988.

Provisions for restoration to sale and entry of lands reserved for naval
purposes in Florida were made by Act March 3, 1879, c. 189, post, §§ 4983,
4984, and of similar lands in Alabama and Mississippi by Act March 3, 1895^
c. 182, post, § 4985.

§ 4983. (Act March 3, 1879, c. 189, § 1.) Examination of lands in
Florida reserved for naval purposes.
That the Secretary of the Navy be, and he is hereby, authorized
to cause an examination to be made of the condition of all lands
in the State of Florida which have been set apart or reserved for
naval purposes, excepting the reservation upon which the navy-
yard at Pensacola is located, and to ascertain whether or not such
reserved lands are or will be of any value to the Government of
the United States for naval purposes. (30 Stat. 470.)

This section and the section next following were an act entitled "An act
to authorize the Secretary of the Navy to transfer to the Secretary of the
Interior, for entry and sale, all lands in the State of Florida not needed for
naval purposes."

Section 3 of the act made an appropriation to carry out the provisions of
the act

Similar provisions relating to lands in Alabama and Mississippi were made
by Act March 2, 1895, c. 182, post, § 4985.

§ 4984. (Act March 3, 1879, c. 189, § 2.) Lands no longer needed
for naval purposes restored to entry and sale; prior right of
settlers to purchase.

All of said lands which, in the judgment of the Secretary of the
Navy, are no longer required for naval purposes shall, as soon as
practicable, be certified by him to the Secretary of the Interior,
and be subject to entry and sale in the same manner and under
the same conditions as other public lands of the United States:
Provided, that all persons who have, in good faith, made improve-
ments on said reserved lands so certified at the time of the pas-
sage of this act, and who occupy the same, shall be entitled to-
purchase the part or parts so occupied or improved by them, not
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§ 4986 THB PUBLIC LANDS (Tit 32

to exceed one hundred and sixty acres to any one person at one
dollar and twenty-five cents per acre within such reasonable time
as may be fixed by the Secretary of the Interior. (20 Stat. 471.)

§ 4985. (Act March 2, 1895, c. 182.) Restoration to public do-
main of certain naval reservations; preference right of entry;
certain lands to be disposed of under town-site laws.
That the Secretary of the Navy be, and he is hereby, authorized
to cause to be certified to the Secretary of the Interior, for resto-
ration to the public domain, the whole or such portion or portions
of the several tracts of land in the States of Alabama and Mis-
sissippi heretofore set apart and reserved for naval uses as are no
longer required for the purposes for which thejr were reserved, or
for any purposes connected with the naval service ; and upon such
certification the tracts of land described therein shall be duly re-
stored to and become a part of the public lands of the United
States and a preference right of entry for a period of six months
from the date of this Act shall be given all bona fide settlers who
are qualified to enter under the homestead law and have made im-
provements and are now residing upon any agricultural lands in said
reservations, and for a period of six months from the date of settle-
ment when that shall occur after the date of this Act: Provided.
That persons who enter under the homestead law shall pay for such
lands not less than the value heretofore or hereafter determined by
appraisement, nor less than the price of the land at the time of the
entry; and such payment may, at the option of the purchaser, be
made in five equal installments, at times and at rates of interest to be
fixed by the Secretary of the Interior : Provided, That so much of
the said lands as are situated on Back Bay, near the city of Biloxi, in
the State of Mississippi, shall be disposed of under the town-site
law and not as agricultural lands. (28 Stat 814.)

This was an act entitled '*An act to authorize the Secretary of the Nary
to certify to the Secretary of the Interior, for restoration to the pubUc do-
main, lands in the States of Alabama and Mississippi not needed for naTsl
purposes."

Similar provisions relating to lands in Florida resenred for aaTal purposes
were made by Act March 3, 1879, c. 189, ante, |f 4983, 4984.

§ 4986. (Act April 30, 1878, c. 76, § 2.) Disposition of monejrs
collected for depredations on public lands.
All moneys heretofore, and that shall hereafter be, collected for
depredations upon the public lands shall be covered into the Treas-
ury of the United States as other moneys received from the sale
of public lands. (20 Stat. 46.)

This was a proviso annexed to an appropriation for certain ezpansw of the
General Land Office, in section 2 of the act cited aboTS.
See notes to R. S. | 2463, ante, | 4982.

S 4987. (Act AprU 30, 1878, c. 76, § 2.) Seizure of timber cut on
public lands to be exported.
If any timber cut on the public lands shall be exported from
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Ch. IOf) the publio lands §4984

the Territories of the United States, it shall be liable to seizure
by United States authority wherever found. (20 Stat. 46.)

This was a farther proviso annexed to the same appropriation mentioned in
the note to the preceding provision of this act, ante, | 4986.

§ 4988. (Act June 3, 1878, c. 151, § 5.) Relief from prosecutions
on pa3nnent for timber cut, etc. ; repeal.
Any person prosecuted in said States and Territory for violat-
ing section two thousand four hundred and sixty-one of the Re-
vised Statutes of the United States who is not prosecuted for cut-
ting timber for export from the United States, may be relieved
from further prosecution and liability therefor upon payment, into
the court wherein said action is pending, of the sum of two dollars
and fifty cents per acre for all lands on which he shall have cut or
caused to be cut timber, or removed or caused to be removed the
same : Provided, That nothing contained in this section shall be con-
strued as granting to the person hereby relieved the title to said
lands for said payment; but he shall have the right to purchase the
same upon the same terms and conditions as other persons, as pro-
vided hereinbefore in this act : And further provided. That all moneys
collected under this act shall be covered into the Treasury of the
United States. And section four thousand seven hundred and fifty-
one of the Revised Statutes is hereby repealed, so far as it relates ta
the States and Territory herein named. (20 Stat. 90.)

This section was part of an act entitled "An act for the sale of timber
lands in the States of California, Oregon, Nevada, and in Washington Ter-
ritory," cited above.

The words of this said section, *'said States and Territory," refer to the
three States and the Territory named in said title of the act But the act
was made applicable to all the public land states, by amendment by Act Aug.
4, 1892, c 375, § 2, 27 Stat 348.
Sections 1-3 of this act, as so amended, are set forth ante, H 4671-4678.
Section 4 of this act made punishable the cutting, etc., of timber upon the
public lands except for the necessary clearing of an agricultural or mining
claim, or for improvements thereon, or for the use of the United States. It
was superseded by similar provisions contained in Crim. Code, § 49, post, (
10216.

Section 6 of the act repealed all acts, etc., inconsistent with the provisions of
this act

All citizens of the United States, and other persons, bona fide residents of
Colorado, Nevada, New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or
Montana, and all other mineral districts of the United States, were authorized
to cut, for building, agricultural, mining, or other domestic purposes, any tim-
ber growing on the public lands, said lands being mineral, and not subject
to entry under laws other than the mining laws, by Act June 3, 1878, c. 150,
post, §§ 4989-4991. See, also. Act March 3, 1891, c 561, f 8 (as amended
by Act March 3, 1891, c. 559, Act Feb. 13, 1893, c. 103, Act March 3, 1901,
c. 855), Act July 1, 1898, c. 546, | 1, and Act March 3, 1901, c. 862, post, §§
4992-4996.

R. S. I 4751, mentioned and repealed in part by this section, provided that
all penalties and forfeitures incurred under the provisions of K. S. §§ 2461-
2463, ante, |§ 4980-4982, should be sued for, recovered, distributed, and ac-
counted for under the direction of the Secretary of the Navy, and should be
paid, one-half to the informers or captors, where seized, and one-half to the
Secretary of the Navy for the use of the Navy pension fund, and authorized
the Secretary to mitigate, in whole or in part, any fine, forfeiture, or penalty
80 incurred. Act April 30, 1878, c 76, | 2, ante, | 4983, provided that all

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} 4988 THB PUBLIC LANDS (Tit 32

moneys heretofore and hereafter collected for depredations upon ths paU&e
lands should be coTered into the Treasury of the United States, as other moo*
eys receive from the sale of public lands, thus superseding R. S. | 4751. This
Act (Act June 3, 1878, c 151) being applicable to all the public land states,
R. S. I 4751, was repealed thereby as to all of said sUtes.

The use of earth, stone, and timber from the public lands in the construction
of irrigation works under the Reclamation Act of June 17, 1902, c, 1003, ante,
II 4700-4708, was authorised by Act Feb. 8. 1905, c 552, ante, { 4741.

An act punishing the cutting, chipping, or boxing of trees on the public
lands, etc. Act June 4, 1906, c 2571, 34 SUt 208, was incorporated in the
Criminal Code, in section 51 thereof, post, | 10218, and was repealed by sec-
tion 341 of said Code, post, | 10515.

Appropriations for expenses of protecting timber on the public lands, etc^
are made in the annual sundry cWil appropriation acts. The prorisioo for
the fiscal year 1914 was by Act June 23, 1913, c 3, 1 1, 38 Stat 45.

Provisions for the sale of the mature living and dead and down timber oa
unallotted lands of any Indian reservation, and of the timber on any Indian
allotment held under a trust or other patent containing restrictions on aliens-
done were made by Act June 25, 1910, c 431, || 7, 8, ante, H 4230, 4231.

The sale of timber upon the public lands, destroyed or damaged by forest
fires, was authorized by Act March 4, 1913, c 165, post, || 4995, 4996.

Setting on fire any timber, underbrush, or grass on the public domain, or
leaving a fire to bum unattended near any inflammable material, or failing to
extinguish a fire built near inflammable material upon the public domain, wsa
made punishable by Act Feb. 24, 1897, c 313, 29 Stat 594, as amended by Act
May 6, 1900, c 349, 31 Stat 169. These provisions were incorporated in
Crim. Code, || 52-54, post, H 1021^10221, and the act as amended was re-
pealed by Crim. Code, | 341» post, | 10515.

§ 4989. (Act June 3, 1878, c. 150, § 1.) Timber on cerUin min-
eral lands may be cut for certain purposes.
All citizens of the United States and other persons, bona fide
residents of the State of Colorado, or Nevada, or either of [the
Territories of] New Mexico, Arizona, Utah, Wyoming, Dakota,
Idaho, or Montana, and all other mineral districts of the United
States, shall be, and are hereby, authorized and permitted to fell
and remove, for building, agricultural, mining, or other domestic
purposes, any timber or other trees growing or being on the public
lands, said lands being mineral, and not subject to entry under exist-
ing; laws of the United States, except for mineral entry, in either of
said States, Territories, or districts of which such citizens or persons
may be at the time bona-fide residents, subject to such rules and regu-
lations as the Secretary of the Interior may prescribe for the protec-
tion of the timber and of the undergrowth growing upon such lands,
and for other purposes: Provided, the provisions of this act shall
not extend to railroad corporations. (20 Stat. 88.)

This section and tlie two sections next foUowinir were an act entitied "An
act autliorising tlie citizens of Colorado, Nevada and the Territories to fell, and
remove timber on the public domain for mining and domestic purposes.**

The words *'the Territories of," inclosed in brackets in this section, were
superseded by the admission of the several Territories named into the Tnion
as States, as follows: Montaua and North and South Dakota, bj Act Feb.
22, 1889, c 180, 25 Stat 676; Idaho, by Act July 8, 1890, c 65e, 26 But
215; Wyoming, by Act July 10, 1890, c. 664. 26 Stat. 222; Utah, by Act
July 16, 1894, c. 138, 28 SUt 107; and New Mexico and Arisona, by Act
June 20, 1910, c. 810, 86 SUt 557, and Res. Aug. 21, 1011. No. 8^ 87 Sut. 39.

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Ch. IOp) the public lands § 4992

§ 4990. (Act June 3, 1878, <;. 150, § 2.) Registers and receivers

to notify Commissioner of General Land Office of unlawful

cutting of timber.

It shall be the duty of the register and the receiver of any local

land-oflRce in whose district any mineral land may be situated to

ascertain from time to time whether any timber is bein^ cut or

used upon any such lands, except for the purposes authorized by

this act, within their respective land districts ; and, if so, they shall

immediately notify the Commissioner of the General Land Office

of that fact; and all necessary expenses incurred in making such

proper examinations shall be paid and allowed such register and

receiver in making up their next quarterly accounts. (20 Stat.

88.)

§ 4991. (Act June 3, 1878, c. 150, § 3.) Violations of act pimish-
able.
Any person or persons who shall violate the provisions of this
act, or any rules and regfulations in pursuance thereof made by
the Secretary of the Interior, shall be deemed guilty of a misde-
meanor, and, upon conviction, shall be fined in any sum not exceeding
five hundred dollars, and to which may be added imprisonment for any
term not exceeding six months. (20 Stat. 89;)

§ 4992. (Act March 3, 1891, c. 561, § 8, as amended. Act March 3,
1891, c. 559, Act Feb. 13, 1893, c. 103, and Act March 3, 1901,
c. 855.) Timber on certain public lands may be cut for cer-
tain purposes.
In the States of Colorado, Montana, Idaho, North Dakota, and
South Dakota, Wyoming, New Mexico and Arizona, and [the Dis-
trict of] Alaska, and the gold and silver regions of Nevada, Cali-
fornia, Oregon, and Washington and [the Territory of] Utah in
any criminal prosecution or civil action by the United States for a
trespass on such public timber lands or to recover timber or lum-
ber cut thereon it shall be a defense if the defendant shall show
that the said timber was so cut or removed from the timber lands
for use in such State or Territory by a resident thereof for agri-
cultural, mining, manufacturing, or domestic purposes under rules
and regulations made and prescribed by the Secretary of the In-
terior and has not been transported out of the same, but nothing
herein contained shall operate to enlarge the rights of any railway
company to cut timber on the public domain, Provided that the
Secretary of the Interior may make suitable rules and regulations
to carry out the provisions of this act, and he may designate the
sections or tracts of land where timber may be cut, and it shall
not be lawful to cut or remove any timber except as may be pre-
scribed by such rules and regulations, but this act shall not oper-
ate to repeal the act of June third, eighteen hundred and seventy-
eight, providing for the cutting of timber on mineral lands. (26
Stat. 1099. 26 Stat. 1093. 27 Stat. 444. 31 Stat. 1436.)

The portion of this section set forth here, as originally enacted, was as fol-
lows:
**And in the States of Colorado, Montana, Idaho, North Dakota and South

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§ 4992 THB PUBLIC LANDS (Tit 32

Dakota, Wyoming, and in the DiBtrict of Alaska and the gold and sIlTer rv-
gione of Nevada, and the Territory of Utah, in any criminal pn>Mcation or
civil action by the United States for a trespass on such public timber lands or
to recover timber or lumber cut thereon, it shall be a defense if the d^^fend-
ant shall show that the said timber was so cut or removed from the timber
lands for use in such State or Territory by a resident thereof for asricultural.
mining, manufacturing, or domestic purposes, and has not been transported out
of the same; but nothing herein contained shall apply to operate to enUnr^
the rights of any railway company to cut timber on the public domain: Pro-
vided, That the Secretary of the Interior may make suitable rules and rcgnU-
tions to carry out the provisions of this section/*

It was amended to read as set forth here by Act March 3, 1891, c. S59, dted
ab^ve, except that after the word "Wyoming," the words "New Mexico and Aii-
Eona," were inserted by Act Feb. 13, 1893, c. 103, and after the word "Ne-
vada,'* the words "California, Oregon, and Washington" were inserted by Act
March 3, 1901, c. 855, last cited above.

The section was further amended by Act July 1, 1898, c 546, f 1, and Act
March 3, 1901, c. 862, post, ff 4993, 4994.

The portion of the section omitted here prescribed the time within which
suits by the United States to annul patents should be brought, and ia set
forth post, I 5114.

The words "the District of," inclosed in brackets in this section, were wo-
perseded by the organization of Alaska as a Territory by Act Aug. 24, 1912,
c 887, ante, ff 3528-3544.

The words •*The Territory of," also inclosed in brackets in this section, were
superseded by the admission of Utah into the Union by Act July 16, 1894.
c 138, 28 Stat 107.

The cutting of timber on the public mineral lands in Colorado, Nevada, New
Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, Montana, and aB other
mineral districts of the United States for certain purposes was permitted by
Act June 3, 1878, c. 150. ante, ff 4989-4991.

§ 4993. (Act July 1, 1898, c. 546, § 1.) Removal of timber cut
in Wyoming to Idaho.

That section eight of an Act entitled "An Act to repeal the timber
culture laws, and for other purposes," approved March third, eighteen
hundred and ninety-one, be, and the same is hereby, amended as fol-
lows:

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 third, eighteen hundred and ninety-one, to citizens of Idaho and
Wyoming to cut timber in the State of Wyoming west of the con-
tinental 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. (5o Stat. 618.)

This was a provision of the sundry civil appropriation act for the fiscal year
1899, cited above.

Act March 8, 1891, c 561, f 8, mentioned as amended by this proviaioii, is
set forth ante, | 4992.

§ 4994. (Act March 3, 1901, c. 862.) Limitations of use of timber
taken from public lands not to apply to certain territory.
The provisions of chapter five hundred and fifty-nine of the Re-
vised Statutes of the United States, approved March third, eigh-
teen hundred and ninety-one, limiting the use of timber taken from
public lands to residents of the State in which such timber is
found, for use within said State, shall not apply to the south slop^r

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Ch. IOp) the public lands § 4996

of Pryor Mountains, in the State of Montana, lying south of the
Crow Reservation, west of the Big Horn River, and east of Sage
Creek; but within the above-described boundaries the provisions of
said chapter shall apply equally to the residents of the States of
Wyoming and Montana, and to the use of timber taken from the
above-described tract in either of the above-named States. (31
Stat. 1439.)

This was an act entitled "An act to amend chapter ^ve hundred and fifty-
nine of the Revised Statutes of the United States, approved March third,



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 117 of 150)