Oliver Wendell Holmes, Jr.

“ It is said that such a construction empties the statute of all its use, because if the land is known to be valuable for minerals, a mining claim to it will be located, only the owners of which can cut the timber, whereas the statute gives the right to all residents. If that were true, courts still would be bound by the explicit and unmistakable words. It is not unknown, when opinion is divided, that qualifications sometimes are inserted into an act that are hoped to make it ineffective. ”

“ A Land Department rule is quoted, with seeming approval, that 'if the land is worth more for agriculture than mining, it is not mineral land, although it may contain some measure of gold or silver,' pp. ”

“ That act authorizes citizens of the United States and other persons, bona fide residents of certain states and territories, including Idaho, 'and all other mineral districts of the United States,' to cut 'for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry' in the state, territory, or district of their residence. ”