The Coconino sun., February 17, 1900, Image 3

About The Coconino sun. (Flagstaff, Ariz.) 1898-1978

Image provided by: Arizona State Library, Archives and Public Records; Phoenix, AZ

                
fy Coconino Sun.
Vol. XVII.
FLAGSTAFF, FEBRUAKY 17, 1900.
No. 4
NEW TIMBER RULING.
Which Will Greatly Affect the Timber
Land of this Territory.
The interior department has made u
Into ruling regarding thu cutting of
timber on government lauds which will
greatly affect this territory. The rul
ing is in effect only a pluiner explan
at ion of previous rulint which were
often misconstrued and violated,
the burden of proof that they had been
misconstrued being thrown upon the
government. The present ruling
, shifts I lie burden upon the violator. It
4y will be ob-ervud tliat smelting Is made
distinct f i oiu mining. The ruling
went into effect last Wednesday. It in
us follow.-:
"By virtue of the power vested in
the secretary of the interior ly the
first section of the act of June 3, 1878,
entitled "An not authorizing the citi
zens of Colorado, Nevada and the ter
ritories to fell and remove timber on
the public domain for mining and do
mestic purposes," the following rules
and regulations are hereby prescribed :
"1. The act applies to the states of
Colorado, Nevada, Montana, Idaho,
Wyoming, Noith Dakota and Utah,
and .lie territories of New Mexico and
Arizona, and all other mineral districts
of the United States.
"-. The land from which timber
may be felled or removed under the
provisions of this net, must be known
to be of a strictly mineral character
and 'not subject to entry under exist
ing taws of the United States, except
for mineral entry.' Parties who take
r
timber from the public lands under
assumed authority of this act must
stand prep.ired to show that their act
are within the prescribed terms of the
law grunting such privilege, the bur
den being on such parties of proving
by a preponderance of evidence that
the land from which the timber is
taken is 'mineral' within the meaning
of the act.
"H. The privileges granted are con
lined to citizens of the United States
and other persons, bona fide residents of
the states, territories and other min
eral districts provided for in this act.
"4. The uses for which timber may
be felled or removed are limited by
the wording of the act to 'building,
agricultural, mining, or other domestic
purposes.'
'5. No timber is permitted to be
felle'd or removed for purposes of sale or
traffic, or to manufacture the same into
lumber or other timber product as an
article of merchandise or Tor any other
use whatsoever, except as defined in
section 4 of these rules and regulations.
"0. No timber cut or removed under
the provisions of this act may be trans
ported out of the state or territory
where procured.
''7. No timber is permitted to be
used for smelting purposes, smelting
being a separate and distinct industry
from that of mining.
"8. No growing trees of any kind
whatsoever less than eight inches in
diameter are permitted to be cut.
"9. Persons felling or removing
timber under the provisions of this act
must, utilize all of each tree cut that
can be protitably used, and must dis-