have, in a great measure, been unavailing in arresting the evil, and upon mature consideration of the subject, the conclusion was reached by this department that an important change was imperatively demanded by the public interest. It was found that the “stumpage system” formerly in use, and the practice of compromising with the depredators, which uniformly left tempting profits to the latter, tended rather to encourage the depredations than to stop them, and that the only way to arrest the depredations was by seizing the stolen property wherever found and by punishing the depredators. My views on this subject, and the policy adopted and carried out by this department, were set forth in a letter addressed to the honorable the Attorney-General, dated August 29, as follows:
* * * * * I avail myself of this opportunity to state the rule of action I have adopted for this and similar cases.
While it is my desire to dispose of the logs seized by the officers of the Government on terms as advantageous as possible to the United States, it is the principal object of the operations of this department, recently set on foot, not only to bring money into the public treasury, but to put an end to the timber depredations committed on the public lands. To this end, it is above all things necessary that the depredators be effectually deprived of every possibility of deriving any benefit or profit from the wrongful acts they have committed. As long as they are permitted to hope that even after the seizure by Government officers of the timber wrongfully taken from the public lands, they may by way of compromise acquire rightful possession of the logs on terms profitable to themselves, the temptation to continue the depredations will not cease to exist, and the depredations will go on. It is for this reason that I have directed that the stumpage system hitherto prevailing be discontinued; for the same reason I withhold my approval from every compromise which would permit the logs seized to pass into the possession of the depredators with any chance of profit; and I insist upon the current market-price of the logs at the place where they are held.
If in following this rule small lots of logs should remain unsold at places where competition is not active, or in cases where the trade combines against the Government, that loss will be trifling compared with the great advantage gained if by strict adherence to this rule the depredations are terminated. I desire to make those who hitherto have carried on these depredations with profit understand that in attempting to steal timber from the public lands they will in any event lose the value of their labor and their expenses, and expose themselves to criminal prosecution.
With regard to the criminal prosecution of depredators, I would recommend that they be not confined to those mostly poor persons who actually cut timber on public lands with their own hands, but that they be directed as well and principally against the parties who are found to have organized and directed the stealing of timber on the public lands on a large scale and derived from that criminal practice the greatest profit.
As is shown by the Commissioner of the General Land Office in his report, a considerable number of suits were instituted in different parts of the country, some of which have already been tried and decided in favor of the government. I have reason to believe that the measures taken by the department have already stopped the depredations on the public lands to a very great extent, and that, if continued, they will entirely arrest the evil. A comparatively small number of watchful and energetic agents will suffice to prevent in future, not, indeed, the stealing of
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