be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. The legislature may authorize the removal of dead timber on burned areas so far as necessary for reforestation, through officers and employees of the state, but not by contract. The legislature may also authorize the sale of lands outside of the limits of the Adirondack park and the Catskill park as such parks are now established by law. The proceeds of such sales shall be set apart in a separate fund and used only for the purchase of lands in such parks. A violation of this section may be restrained at the suit of the people or with the consent of the supreme court on notice to the attorney-general at the suit of any citizen of the state. Sec. 2. Resolved (if the assembly concur), that the foregoing amendment be referred to the legislature to be chosen at the next general election of senators, and in conformity with section one, of article fourteen of the constitution, be published for three months previous to the time of such election. NOTE. This proposed amendment passed the legislature in 1904 and will be referred to that of 1905. If it passes the second time, it will be referred to the people at the next general election. UTAH. CONSTITUTION, ARTICLE XVIII.-Sec. 1. The legislature shall enact laws to prevent the destruction of and to preserve the forests on the lands of the state, and upon any part of the public domain the control of which may be conferred by Congress upon the state. CHAPTER II. STATUTES RELATING TO ADMINISTRATION UNITED STATES. COMPILED STATUTES, PAGE 1526. REVISED STATUTES.-Sec. 2458. Live oak and cedar timber The Secretary of the Navy is authorized, under the direction of the to be reserved President, to cause such vacant and unappropriated lands of the for the Navy. Mar. 1, 1817, United States as produce the live oak and red cedar timbers to be c. 22, s. 1, v. 3, p. 347; May explored, and selection to be made of such tracts or portions 15, 1820, C. thereof, where the principal growth is of either of such timbers, 136, V 607 Mar. as in his judgment may be necessary to furnish for the navy a 1827, c. 94, s. 3, v. 4, p. 242. sufficient supply of the same. of live oak Sec. 2459. The President is authorized to appoint surveyors of Reservations public lands, who shall perform the duties prescribed in the pre- and red cedar land. Mar. 1, ceding section, and report to him the tracts by them selected, with 1817. c. 22, s. the boundaries ascertained and accurately designated by actual 1, v. 3, p. 347. survey or water courses; and the tracts of land thus selected with the approbation of the President shall be reserved, unless otherwise directed by law, from any future. sale of the public lands, and be appropriated to the sole purpose of supplying timber for the navy of the United States; but nothing in this section contained shall be construed to prejudice the prior rights of any person claiming lands, which may be reserved in the manner herein provided. Sec. 2460. The President is authorized to employ so much of the Land and land and naval forces of the United States as may be necessary to be employed naval forces effectually to prevent the felling, cutting down, or other destruc- to prevent trespass. Feb. tion of the timber of the United States in Florida, and to prevent 23, 1822, c. 9, the transportation or carrying away any such timber as may be v. 3, p. 651. already felled or cut down; and to take such other and further measures as may be deemed advisable for the preservation of the timber of the United States in Florida. June 3, 1878, NOTE.-Act of June 3, 1878, granting right to cut timber in mineral districts for certain purposes and providing against c. 150, v. 20, p. trespass by cutting for any purpose not permitted in the act, may be found on page 116 of this bulletin. 88. ACT OF JUNE 3, 1878, 20 STAT. AT LARGE, PAGE 89.-Sec. 1. The Timber and stone lands surveyed public lands of the United States * * * [in any pub- in California, lic land States], not included within military, Indian, or other Oregon, etc., may be sold. reservations of the United States, valuable chiefly for timber, but June 3, 1878, unfit for cultivation, and which have not been offered at public 20, p. 89. c. 151, s. 1, v. sale according to law, may be sold to citizens of the United States, a mended by Aug. 4, 1892, or persons who have declared their intention to become such, in c. 375, s. 2, v. quantities not exceeding one hundred and sixty acres to any one 27, p. 348. As Proviso. person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona-fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona-fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes: And provided further, That none of the rights conferred by 1866, ch 262, 14, Stat., the act approved July twenty-sixth, eighteen hundred and sixty251, R. S. 2339, six, entitled "An act granting the right of way to ditch and canal p. 432. R. S. 2340, p. 432. owners over the public lands, and for other purposes," shall be R., S. 2341, P. abrogated by this act; and all patents granted shall be subject to Proviso. 432. Application any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under this act. NOTE. The words in brackets in above section are inserted in place of the words, "within the States of California, Oregon and Nevada, and in Washington Territory," as provided by amending act of August 4, 1892. Sec. 2. That any person desiring to avail himself of the provifor purchase. sions of this act shall file with the register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belong to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal; that deponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the United States should inure, in whole or in part to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of the land-office within the district where the land is situated; and if any person taking swear- such oath shall swear falsely in the premises, he shall be subject appli to all the pains and penalties of perjury, and shall forfeit the money which he may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona-fide purchasers, shall be null and void. in False ing cation. Sec. 3. That upon the filing of said statement, as provided in the second section of this act, the register of the land office, shall post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, Facts to be at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the register of the land-office satisfactory evidence, first, that said proved. notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon pay- Entry and patent. 1872, ment to the proper officer of the purchase-money of said land, 152, 17 together with the fees of the register and the receiver, as provided Stat., 95. R. S. 2238, p. 394. for in case of mining claims in the twelfth section of the act approved May tenth, eighteen hundred and seventy-two, the applicant may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and testimony in the case, a patent shall issue thereon: Provided, That any person having a valid claim to any portion of the land may object, in writing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land-office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this act by regulations to be prescribed by the Commissioner of the General Land Office. Objection to patent. NOTE.-Sections 4 and 5 of above act may be found on page 117 of this bulletin. COMPILED STATUTES, PAGE 1537.-Sec. 24. The President of the Establish. ment of FedUnited States may, from time to time, set apart and reserve, in eral forest reany state or territory having public lands bearing forests, in any 1891, c. 561, s. serves. Mar. 3, part of the public lands wholly or in part covered with timber or 24, v. 26, p. 1103. undergrowth, whether of commercial value or not, as public reservations, and the President shall, by public proclamation, declare the establishment of such reservations and the limits thereof. NOTE.-Section 3 of the Act of August 4, 1892, chapter 375, extending the so-called timber and stone act to all public land states, provides that nothing in that chapter shall be construed to repeal Act of March 3, 1891, chapter 561, section 24. (The original forest reserve law, see above.) Mining COMPILED STATUTES, PAGE 1538.-Sec. 1. The forest reservations claims in Colin the State of Colorado, known as the Pikes Peak Forest Reserve, orado forest reserves. Feb. the Plum Creek Forest Reserve, and the South Platte Forest Re 20, 1896, c. 28, serve, established by executive proclamation dated, respectively, v. 29, p. 11. March 18, 1892, June 23, 1892, and December 9, 1892, in the State of Colorado in accordance with section 24 of the act of March 3, 1891, from and after the passage of this Act, shall be open to the location of mining claims thereon for gold, silver, and cinnabar, and title to such mining claims may be acquired in the same manner as it may be acquired to mining claims upon the other mineral lands of the United States for such purposes: Provided, That all locations for mining claims heretofore made in good faith within said 13647-No. 57—95 M- -2 ber. Restrictions reservations, and which have been held and worked in the same manner as mining claims are held and worked under existing law upon the public domain, are validated by this Act. Sec. 2. Owners of valid mining locations made and held in good on use of tim- faith under the terms of this Act shall be, and are hereby, authorized and permitted to fell and remove from such mining claims any timber growing thereon, for actual mining purposes in connection with the particular claim from which the timber is felled or removed, but no other timber shall be felled or removed from any other portions of said reservations by private parties for any purpose whatever. Administra tion of forest NOTE. Timber, cut from a mining claim under the above act, may perhaps, as decided for homesteads in Shiver v. United States, 159 U. S. 491, be exchanged for timber or lumber to be applied direct to improvements on the claim, but may not be sold even to raise money with which to make such improvements. (Commissioner of the General Land Office to the Secretary of the Interior, Oct. 16, 1896, in the timber trespass case of Kendall, Townsend, and Walter.) COMPILED STATUTES, PAGE 1539.- * * * To remove any reserves. June doubt which may exist pertaining to the authority of the Presi4, 1897, c. 2, s. dent thereunto, the President of the United States is hereby 1, v. 30, p. 34. authorized and empowered to revoke, modify or suspend any and all such executive orders and proclamations, (made under authority of Sec. 24, Act of March 3, 1891) or any part thereof, from time to time as he may deem best for the public interests. * * NOTE. The other portions of this paragraph which suspended, until Mar. 1, 1898, the operation of certain proclamations establishing forest reserves dated February 22, 1897, having expired by their own terms, are omitted. Surveys to be The surveys herein provided for shall be made, under the supermade by Director of Geo- vision of the Director of the Geological Survey, by such person or logical Survey. persons as may be employed by or under him for that purpose. and shall be executed under instructions issued by the Secretary of the Interior; and if subdivision surveys shall be found to be necessary, they shall be executed under the rectangular system, Plats and field notes, fil- as now provided by law. The plats and field notes prepared ing, etc. shall be approved and certified to by the Director of the Geological Survey, and two copies of the field notes shall be returned, one for the files in the United States surveyor general's office, of the State in which the reserve is situated, and the other in the General Land Office; and twenty photolithographic copies of the plats shall be returned, one copy for the files in the United States surveyor general's office of the State in which the reserve is situated; the original plat and the other copies shall be filed in the General Land Office, and shall have the fac-simile signature of the Director of the Survey attached. Such surveys, field Force and ef notes, and plats thus returned shall have the same legal force fect of plats and effect as heretofore given the surveys, field notes, and plats and field notes. returned through the surveyors-general; and such surveys, which include subdivision surveys under the rectangular system, shall be approved by the Commissioner of the General Land Office as in other cases, and properly certified copies thereof shall be filed in the respective land offices of the districts in which such lands |