United States v. Eccles

Citations

• 111 F. 490
• 1901 U.S. App. LEXIS 4981

Syllabus

<p>D Public Lands—Right of Railroad. Company to Cut Timber — Construction of Statute.</p> <p>Act March 3, 1875 (18 Stat. 482), granting right of way for railroads over the public lands, which confers on a company so constructing its road,'“which shall have filed .with the secretary of the interior a copy of itv articles of incorporation and due jiroofs of its organization under the same,” the right to take timber and other materials for the construc- . • tion of its road from public lands adjacent to its line, confers no right to cut timber for- such purpose prior to the filing of the required papers, nor does the subsequent use in the construction of the road of timber so cut render the cutting lawful, or devest the title of the United States thereto, since the act does not give the right to appropriate timber already cut.</p> <p>8. Same—Action for Unlawful Cutting of Timber- Defenses.</p> <p>Where defendants, in an action by the. United States to recover the value of timber cut 1‘rom public lands, defend on the ground Uiat the timber was taken for use in the construction of a railroad, as authorized by Act; .March !!, 1875, the burden rests on them to bring themselves within the provisions of such act; and when it; appears that at least a part of the timber was cut before the railroad company luid filed its articles and proof of organization with the secretary of the interior, so as to be entitled to take timber for its use, it is incumbent oil the defendants to show what part, if any, was cut after that time.</p> <p>8. Same—Measure of Damages.</p> <p>Defendants, who unlawfully cut and removed timber from public lands, but believing, in good faith, that they had the lawful right to cut tlie same, although negligent, are liable only for its value as it stood in the trees.</p>