Shiver v. United States
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. Shiver was tried upon an information filed in the District Court for the Southern District of Alabama for cutting and removing two hundred pine trees from a quarter section of land in Monroe County, which he had entered as a homestead on January 26,1894. It appeared that the cutting began about the first of April, and that all the standing timber, amounting to about five hundred trees, had been, either…
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. Shiver was tried upon an information filed in the District Court for the Southern District of Alabama for cutting and removing two hundred pine trees from a quarter section of land in Monroe County, which he had entered as a homestead on January 26,1894. It appeared that the cutting began about the first of April, and that all the standing timber, amounting to about five hundred trees, had been, either before or after complaint was made against him, cut and removed from the land; that the defendant and his family were living…
1Opinion of the CourtJustice Brown
This case turns upon the question as to what are “ lands of the United States ” within the meaning of Rev. Stat. § 2461, providing for the punishment of persons guilty of cutting timber upon such lands other than for the use of the navy. Obviously the question is not whether such lands are so far withdrawn from sale as to be no longer subject to appropriation by any railroad or other person or corporation to which a land grant has been made, but whether they are still so far the property of the United States that the government may protect itself against an unlawful use of them. Indeed, this…
2Cases cited15 opinions
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