DECISIONS

RELATING TO

THE PUBLIC

PUBLIC LANDS.

TIMBER TRESPASS-SETTLER'S CLAIM.

W. CRATSENBERG.

For timber cut by a homesteader from his claim, which he abandons as soon as the cutting is done, the purchaser must settle by paying the purchase price.

Secretary Teller to Commissioner McFarland, July 5, 1884.

I am in receipt of yours of May 29, inclosing the several documents therein enumerated, relative to the trespass of Willis (or William) Cratsenberg, of Michigan.

Cratsenberg is charged with having cut during the winter of 1880-'81 20,000 feet of pine timber from certain described land entered by him as a homestead on the 26th of April, 1880, but abandoned by the entry. man as soon as the timber had been cut therefrom. There are no improvements on the tract, and the present whereabouts of the trespasser is unknown.

The timber was sold to R. W. Norris, of Whitehall, Mich., and by him manufactured into lumber and sold. Said Norris claims to have been an innocent purchaser, and offers to pay the United States $2 per 1,000 feet for said lumber, making a total of $52.20.

In view of the fact that the timber was cut from a claim upon which the entryman had not established a permanent residence, nor made any improvements whatever, and that the purchaser does not claim to have made any careful inquiry as to the right of said Cratsenberg to the timber purchased from him, I concur in your recommendation that settlement be made upon the basis of the decision of the Supreme Court in the case of Wooden Ware Company v. The United States (106 U. S., 432), to wit, in the present case a total of $112.40.

You will notify the special agent and the proper receiver of public moneys accordingly.

7747 LAND- -1

TIMBER TRESPASS-SETTLER'S CLAIM.

NEHEMIAH P. CLARK.

Trespassers cutting timber during homesteader's temporary absence, and removing it against his protest, should be prosecuted civilly and criminally.

Secretary Teller to the Attorney-General, July 7, 1884.

SIR: The recommendations in the Commissioner's letter of July 3, 1884, are approved.

LETTER.

SIR: I have the honor to transmit herewith report of special agent Milton Peden and copy of agent's letter of transmittal, dated April 16, 1884, relative to timber trespass upon W. of NE. 4 and Lots 1 and 2, Sec. 18, T. 130 N., R. 31 W., Minnesota, entered under the homestead law by Noah Baker, Cctober 23, 1882.

As Baker had made complaint (copy herewith) to this office that while engaged in work 2 miles distant from said land, the pine timber to the amount of 100,000 feet was cut and removed, I directed the agent to examine as to both the timber cutting complained of and the circumstances of Baker's absence from his claim long enough for parties to cut, without his knowledge, the amount stated.

The facts as reported by the agent are that Baker, while engaged in clearing a lot and erecting a house upon his claim, boarded with his family at his brother's, a few miles distant, and remunerated his brother by working for him at such times as his help was needed. On one occasion while thus engaged, Warren Hasty, of Monticello, who was cutting timber for Nehemiah P. Clark, of Saint Cloud, on certain land owned by Clark, went upon Baker's claim adjoining, and with a large force of men cut all the timber of any value. Baker, upon his return, found that the logs were being removed. He remonstrated, but was threatened with personal violence if he dared to interfere. Subsequently he applied to Mr. Clark for remuneration, and was twice assured (April 9 and May 9, 1883) that he would be promptly paid for all timber cut from his claim. Copies of Mr. Clark's written promises on the dates referred to are attached to the agent's letter.

Payment was not made, however, and Baker was finally informed by Clark that the government had been paid for the timber.

The agent examined the records in the district clerk's office at Saint Paul, and ascertained that on the 15th of May, 1883, the United States district attorney filed a complaint against Warren Hasty, charging him with having cut 600 pine trees from the said Lot 2, and on the 17th of May, 1883, Hasty was arraigned before the United States commissioner, "plead to said charge," and was released on his own recognizance, and there the case ended.

The agent reports that Baker has established a permanent residence upon his claim, cleared and cultivated a portion of the land, erected a good hewed-log house two stories high, a kitchen one story high with a good cellar, and a good stable. Everything manifests his undoubted good faith and honorable intentions as an honest, industrious man, working hard to secure a comfortable home for himself and family. He has refused to sell any of the timber, and is much chagrined by its loss