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About The Daily Astorian. (Astoria, Or.) 1876-1883 | View Entire Issue (Aug. 23, 1883)
Astoria. Oregon, Thursday Morning. August 23, 1883
INSTRUCTIONS TO SPECIAL
" " TIMBER AGENTS.
The object of the government in
endeavoring to prevent the waste
and destruction of public timber
is, primarily, to preserve it for the
wants of future generations hav
ing, of course, due regard for the
requirement of the present. The
result of the destruction of forests
in permitting a more rapid melting
of the snows in spring than would
occur in the same region if well
sheltered, and in decreasing the
capacity of the soil to retain
moisture after rains in both
cases increasing the liability to
sudden and devastating floods,
not only in the denuded sections,
but sometimes hundreds of miles
distant also the well established
climatic influences of such destruc
tion in diminishing the annual
rainfall, to the serious detriment
of regions already subject to fre
quent droughts, and other reasons
which present the preservation of
the public timber a matter of vital
importance not only to the agri
cultural but to many other exten
Government land embraces all
land the title to which is the gov
ernment; and for the present pur
pose may be divided into four
1st. Vacant unoccupied pub
2d. Land covered by home
stead, pre-emption, or other entry
upon which the claimant has not
so filed his obligations under the
law so as to entitle him to
3d. Mineral lands.
4th. Military, naval, Indian,
and other government reserva
All unoccupied lands of the
United States to which no valid
claim has attached, and which are
subject to homestead, pre-emption,
or other entry, or which can be
sold or otherwise disposed of by
the United States, are vacant pub
From such lands, if not mineral
in character, no person can law
fully fell or remove any timber,
except right of way railroad com
panies for certain purposes, and
under certain conditions.
Lands covered by homestead or
pre-emption claims are lands upon
which citizens of the United
States have made entry, and have
filed certain papers in the proper
district land office, obligating
themselves to conform with the re
quirements of law as to occu
pancy, cultivation, and improve
The claimant to any such land
providing heiis living upon, cul
tivating, and improving the same
in accordance with law and the
rules and requlations prescribed
by this department, is permitted
to cut and remove, or cause to be
cut and removed, from the portion
thereof to be cleared for cultiva
tion, so much timber as is actually
necessary for that purpose, or for
buildings, fences, and other im
provements on the land entered.
In clearing for cultivation
should there be a surplus of tim
ber over whet is needed for the
purposes above specified, he may
sell or dispose of such surplus; but
it is not allowable for him to de
nude the land of its timber for the
purpose of sale or speculation un
til he has made final proof and ac
"When the facts justify the con
elusion that the person has made
his entry in good faith, and is cul
livating and "improving the land
for the purpose of making ft his
home, the agent need not conside
it his duty to report every devia
tion from the preceding rule
But where the person does not
make the land his actual residence
and cultivate and improve the
same, or where the value of the
timber cut and removed is srreatly
in excess of the improvements, or
where other facts afford a strong
presumption that the entry was
not made m good faith, but solely
for the purpose of denuding the
land of its timber, the case
sk&ll be at once reported to this
No person other than the one
making the entry lias a right to
cut timber from such land for any
One of the most dangerous ele
ments to contend with in case of
forest fires, and one of the pri nci-
pal auxilaries to the spread of the
same, is the dry tops of trees
which parties leave upon the
ground after having cut and re
moved the timber for saw logs and
other purposes. "When the tree
tops can be profitabfy cut into
wood, the person cutting such
trees on public land when such
cutting is authorized by law
must cut the to ps into wood, or at
least cut up and pile the brush in
such manner as to prevent the
spread of fires.
A failure on the part of woods
men to utilize all of the tree that
can profitably be used, and to take
reasonable precaution to prevent
the spread of fires, will be regard
by this office as wanton waste, and
subject them to prosecution for
wanton waste and destruction of
Non-residents of a mineral dis
trict are not authorized, under any
circumstances, to fell or remove
timber from public mineral lauds
in said district, except for use in
Railroad companies ate prohib
ited from the privileges granted
iu said act; that is if 4uey cannot
take timber from public mineral
lands for buildings, fuel, &c.,; but
are not prohibited from taking
timber from such lands lor con
struction purposes, as authorized
under act of March 3, 1S75.
Special attention is called to the
fact that the authority granted in
said act of June , 1S7S, applies
exclusively to lands which are
strictly mineral in character and
subject to mineral entry only.
The evidence must be positive that
such lands are more valuable for
the mineral thereon than for any
other purpose, and that they arc
not suitable for agricultural pur
poses or civilization, or valua
ble solely for the timber there
Every report of an alleged dep
redation upon land in a mineral
district must be accompanied by
affidavits from two entirely disin
terested and responsible persons as
to the mineral or non-mineral char
acter of the land.
The object of the department
in providing that such timber shall
not be exported is, to protect the
settlers in sparsely timbered dis
tricts from being deprived of the
timber necessary for their domes
tic uses. It is not, however, the
intent of the department to strict
ly enforce a technical prohibition
in cases where the interests of the
settlers in the districts from
which timber is cut and removed
are not injuriously affected there-
The removing of timber or luin
ber from one state or territory
across the line into an adjoining
state or territory, but not out of
the same general district of sec
tion of countiy, is not such ex
portation as it is intended to pro
In investigating cases of alleged
export, special timber agents must
examine carefully into all the
facts, and report in full, especially
as to the manner in which the
settlers and residents of the dis
trict from which the timber is
cut and removed are affected
The object of the department
in prohibiting the cutting or re
moving of trees less than eight
inches in diameter is the preser
vation of the young timber and
undergrowth, so as to provide a
supply for the future when such
trees shall have matured. But it
is not the intention to prohibit the
cutting or removal of any full
grown tree belonging to a species
which, when mature, does not ex
ceed eight inches in diameter, or
of any mature tree; nor of trees of
any description, even if less than
eight inches in diameter, if it can
be shown that there were no oth
er trees in that vicinity. There
fore in investigating cases of al
leged trespass where the trees cut
orremoved are of less than the
prescribed size, the agent must as
certain and report the species of
tree so cut or removed, the aver
age size which trees of that spe
cies attain in that section of coun
try, and whethor the trees cut and
removed were growing trees, or
trees of mature growth, whether
the trees in that vicinity generally
are less than eight inches in diatn- ifor after the land has been parted
eter, and all other facts necessary! with by the government.
to be known to enable this office The value of such timber in a
to determine whether the cutting!
was that of mature trees of less
man tne required size, or 01 iv.oi
largest trees obtainable in that lo
cal' even if less than eight inches
in diameter, or whether it was a
case of wanton and wasteful de
struction of the public timber.
Locators of mining claims, so;
long as they comply with the law
governing their possessions, are!
invested by congress with the ex-1
elusive right of possession and en- j
joyment ot all the surface in
cluded within the lines of their lo
cations. If a locator neglects to
protect himself and his posses
sions, tne law does not assume
that the United States is injured
by the cutting and use of the tim
ber on such claim. It is the duty
of the possessor to care for his
own If trespass be attempted by a
stranger; he alone is concerned for
its protection and may undoubted
cdlv maintain suit to that end.
All land-grant railroads are au
thorized, in the granting act, to
take timber from the public land
adjacent thereto, for construction
purposes. This authority, howev
er, is confined strictly to timber
for construction purposes only, in
everv grant except tuat ot tne
Denver and Rio Grande railroad,
which authorizes said road to take
timber for repairs also. All right-
of-way railroads are authorized to
take timber from the public lands
adjacent to the line thereof, for
construction purposes only, under
act of March 3, 1875.
There is no law authorizing in
dividuals to cut timber from the
public lands and sell the same to
railroads at a certain price per tie,
or per thousand feet, or under
contract, even though it may be
used for construction purposes.
The right is conferred only upon
the railroads themselves; therefore
the person cutting such timber
must be in the actual employ of
the road or its agent.
Any person who fells or re
moves timber, or hires ethers to
fell or remove timber, or who in
cites or induces otners to ieu or
remove timber from government
land, for his personal benefit or
advantage, or for the- purpose of
speculation and gain (except he
has the right or permission so o
do as specified under heads of
"lands covered by homestead or
pre-emption entry," "right of rail-!
road companies," and "mineral!
lands"), is a timber trespasser
of government land.
Any person who is authorized
by law, or permitted, to fell and
remove timber from government
land, who fails to utilize all of the
trees cut that can possibly be used,
or to remove the brush and take
every reasonable precaution to
prevent the spread of forest fires;
or who, in any other particular
wastes or destroys the public tim
ber, is guilt of timber trespass
upon government land.
Any person who commits tim
ber trespass upon government
land is liable to both criminal
prosecution and civil suit; crimi
nal prosecution for the act of tres
pass, and civil suit for the value
of the material taken and the dam
ages sustained, together with the
costs of court, and also the cost of
survey and sealement when the
same, shall be necessary to ac
curately determine the extent of
trespass and the amount of dam
ages. The person or persons who con
tract for, purchase, or receive said
timber are also liable to civil suit
for the value thereof and damages
sustained, together with costs as
TJfnlwir iinlfjTT-fiilK' nf
government land is the property
of the United States, and is sub
ject to seizure as such, wherever
or in whatever condition it may be
found, and from any party having
possession of it, or who in any
way lays claim to it.
Cut timber is not a part of
realty and does not go with
land: it is personal property
the value of the same can be
civil suit is the value of the timber,
or lumber, at the nlace where and
or lumber, at the place where
in the condition when found.
Neuralgia, Sciatica, Lumbago, 1
Backache, Soreness of the Chest, i
Gout, Quinsy, Soro Throat, Swell- j
ings and Sprains, Burns and
Scalds, General Bodily j
Tooth, Ear and Headache, Frosted j
Feet and Ears, and all other J
Pains and Aches. '
No Preparation on earth equals St. J.'.com Oil
m a safe, sure, simple and cheap External
Kenedy. A trial entail but the comparative
trlfilog outlay of 0 OntH. and erery one suffer
ing with rein cm have cheap and jix itiTe proof
cf iu claims.
Directions in X!cren Languages.
SOLD BY ALL DEUG GISTS AND DEALEB3
A. VOGSIiSR fc CO.,
Halt (more, 2Tti., V. !.A.
Referring to the Tilden boom,
that outspoken Democratic sheet,
the Brooklyn J?are, says:
""Would not the party cut a lu
dicrous figure, shouting about a
fraud that ought to have been re
dressed in 1SS0, which it declined
to give battle for? In this respect
the party would not bo unlike a
woman who should come to court
complaining of rape eight yeats
after it was committed and saying
that she had just woke up to the
enormity of the outrage."
This powder never varies. A marvel o
purity, strength and wlnlesomeness. More
economical than the ordinary kinds, and
cannot be sold hi competition with the mul
titude of low test snort weight, alum or
phosphate powders. Snhlnnluin caiut. Rov-
At. HAKIXU I'OWDKR Co.. 100 Wall-St. N. Y.
KSTAllMSItKIl IX KYi.
AEMES & DALLAM,
Manufacturers and Importers of
Wooden and Willow Ware
Twines, Brooms, Brushes, Baskets,
Pall, Tutu, Churns, "TasJibonrIs, Hope
Cordage, IVrappin Papers, I'ancr
Ilass RaUdlng Tapers, .Matches,
Handles, Clot hrs Wrluzers, Car
pet Swccprrs, Frnllirr nst
cr. Stationery, Ac.
230 and 232, Front Street,
SAX FRANCISCO, CAU
HOUSE, SIGN, AND CARRIAGE
Paper Hanging. Kalsomining, Etc..
Anil all kinds of work iu my line done in a
prompt anu sausiaciory manner.
I tyShon next cast of Grace Church
E. K. CHI 131 AX.
HCiELS AND RESTAURANTS.
11. 1$. PARKER. Prop.,
ASTORIA, - - - OREGON.
E. P. PARKER. - Manager and Agent.
Al. CROSBY. - - Day Clerk
Phil. BOWERS. - - Night Clerk.
.Ia. DI'FFV lias the liar and Billiard room.
First Class in all Respects.
KiJKH COACH TO THE HOUSE.
IT IS A FACT
JEFF'S CHOP HOUSE
Concomly Street is the Best in
! lta. Alwnj-s on Hand FRESH
SlionI "Water Bay and Enst
"JEFF" IS THE BOSS CATERER.
He lias Iwrn Proprietor of the "Aurora
lfuti'1" lit Knnpplnu Keren years.
OPEN DAY AND NIGHT.
Refitted throughout : thcJTable supplied
with the best : the beds clean and comfort
able. A Firstrclass House.
Board by the week.
Meals to order.
J. G, ROSS, Proprietor.
Chop House and Restaurant.
OPEN DAY AND NIG1TT.
meals 5 centH anil upwards.
SEVILLE & CO.
Pacific Net and Twine Co.
.Sax FicAXCiseo, April lltli,1883.
l'or general convenience,
we have .sent a supply of Kb. 30, 12-
iiiuiiic Seolcli Salmon Net
Twine, to the care of A. AL JOILNSOX
& CO.. Astoria, which will be sold at
low enough figures to make it an object
for all not menders to use it for repairs,
in plaee or the more costly Xo. 40, 12
ply. Fishermen who have heretofore used
this grade of twine for repairs, claim
that tin; durability of the patch is equal
to the balance of the net, after the latter
has had a few weeks use. Wc think it
will be money in your pocket to try It.
For prices and samples applv to
A.M. JOHNSON' & CO.,
Seville & Co. Sole Agents, t s Fr-inelscn
at and :n California St. ban ranclsco-
A.M. Johnson &Co.
A FULL LINE OF
SC. . PARKER,
Hay, Oats,' Straw.
Lime, Brick, Cement and Sand
tVootl Delivered to Order,
Draying, Teaming and Express Business.
Horses ana Carriages for Hire.
OKA LEU IX
w:kes, liquors and cigars.
CANNERY SITE FOR SALE.
THE TROPEntTY KNOWN AS A. P. CCS
Xet Itai-ks. adloinlnc Fort Canuv. 2d 23VS
foot boats, jjood fr llaker's Bay or up river
liNiiin-; ii net racjcs complete ; iron tag e aw
feet running to deep water ; ono block on
Miore with mess house.
Thi Is the most convenient place for
salmon nets, traps and .seines and decidedly
the best location on the Columbia river for a
"Will sell for cash or will take stock with
satisfactory I isliennen's Packing Co.
BOZOUTH & JOHNS.
Shiloh's Catarrh .Remedy a posi
tive cure for Catarrh. DlDtheria and
Canker Mouth. Sold by W.. Dement.
Door's, Windows, Blinds, Transoms, Lumber.
All kinds of
OAK LUMBER, J
Boat Material, Etc.
j Boats of all Kinds Made to Order, j
-Orders from a distance promptly attended to. and satisfaction guaranteed In all cases
S. ARNDT & EEROHEN,
ASTORIA. - OREGON.
The Pioneer Machine Shop
All kinds of
Promptly attended to.
A specialty made of repairing
FOOT OF LAFAYETTE STREET.
ASTORIA IRON WORKS.
Bkhtox Street, Nkar Parker HoudR,
ASTORIA. - OREGON.
GENERAL MACHINISTS AND
Boiler Work, Steamboat Work
and Cannery Work a spe
cialty. Ofall Descriptions xaadc to Order
at Short Notice.
A. D.AVAss, President.
J. G. Hustler, Secretary,
I. W. Case, Treasurer.
LOEB & CO.,
AGENTS FOR THE
Bost San Francisco Houses and
Tumblers Decanters, and All
Kinds of Saloon Supplies.
Eff-AU goods sold at San Francisco Prices.
Opposite Parker House, Astoria, Oregon.
BUY THE BEST !
Salmon Met Threads
Woodberry, and Needle Brands,
CORK AND LEAD LIES
Fish Foands, Seine, nnrt Xets
Imported, to Order. A
AND FISH HOOKS.
CONSTANTLY ON HAND.
HENRY DOYLE & CO.,
517 and 319, MARKET STREET
iSTAgents for the Pacific Coast.
FOARD & STOKES,
WE HAVE OPENED AGAIN
In Hume's New Building,
And are Ready to Supply
the "Wants of Our
A FULL STOCK
Q TV. FULTOX,
ATTORNEY AT LAW.
Rooms 5 and o. Odd Fellows Building.
jg e. iioiiDEx,:
AUCTIONEER, COMMISSION AND IN
JAY TITTLE, 31. D.
PHYSICIAN AND SURGEON
Office Rooms l, 2, and 3. Pythlatinulld
liifr. Rksidkncr Ovor J. E. Thomas' Drug
ClntMop County, and City of Astoria
Offlce :-Chenamustreet, Y. M. C. A. hall
Room No. 8.
ASTORIA, - - - OREGON
Rooms In Allen's buildinp up stairs, corner
f Cass and Sqemocqhe stret .
ATTORNEY AT LAW,
ChenamusS.-treet, - - ASTORIA, OREGON
J .7. JOXES,
Shp and Steamboat Joiner.
JQR. .J. E. LaFORCE,
Room n. 011 Fellows Building, Astoria, Or.
Gas administered for nainle.ss extraction
Q J. CUltTIS .
ATT'l" AT LAW.
Notarv Public. Commissinnnr of Dtpds for
California. Now York and Washington Ter
ritory. Hooms 3 ami -I. Odd Fellows Building, As
.V. IV -Claims at "Washington. D. C, and
collections ai specialty.
GENERAL STEAMSHIP AGENCY.
Bills of -Exchange on any
Part ol Europe.
1AM AGENT FOR TIE FOLLOWING
well known and commodious .ttftamshiu
STATE LINE, RED STAR,
NATIONAL, and AMERICAN LINE.
Prepaid tickets to or from any European
i'or inn information as to rates of fare.
sailing days, etc, apply to
B0Z0RTH & JOHNS.
Real Estate and General Insurance
ASTORIA, - - - Oregon.
TE WRITE POLICIES IN THE WEST
T ern. State Investment. Hamburg. Bre
men and North German Fire Insurance Com
panies, and represent the Travellers' Life.
and Accident of Hartford, and the New
York Life, of N. Y.
we nave tno only complete set of townsmp
maps in the county, and nave made arrange
ments to receive applications, filings, and
Timber Lauds, etc., having all the official
uianks tnereior. uur maps can e exam
ined in the office, upon the payment of a
We also have for sale city property in As
toria and additions, and farms and tide land
Rents, and other collections made, and
Cigars, Tobacco and Cigarettes
Meerschaum and Brier Pipes,
GENUINE ENGLISH CUTLERY
Revolvers and Cartridges.
Grace Church Parish School.
Rear of Church Building.
THIS SCHOOL WILL RE-OPEN MON
day, September 3.188,". The moral train
ing of the children will be carefully watched,
and made a special point. In addition to
the ordinary course of study there will be
instruction m the elements of Vocal 3In
nlr, Drawine and Calisthenics. If
found desirable or expedient, classes will be
formed in Higher Mathematics, Botany, As
tronomy. Advanced Music and Drawing,
for which light extra charges will be made.
Terms 52 a month, strictly in advance.
REV. M.D.WILSON. - - Rector
MISS ANNIE W. crjRTIS. - . Principal
MISS 31. C. TREN CHARD, - Assistant
For further particulars applv to
REV. M. 1. WILSON.