aass_jLi]X4iI Book -AS ' rRICIILTURE OFFICE OF THE SOLICITOR^ ©EO. P. McCABE, SoHdtof.. HE NATIONAL FOREST MANUAL GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND OPINIONS APPLICABLE TO THE CREATION, ADMINISTRATION, AND PROTECTION OP NATIONAL FORESTS; PREPARED FOR THE USE OF OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF AQRICULHURE. WAfiHTNaTON: ©•VERNMENT PRINTDCa OFFICE. JO! 3. Issued February 13, 1913. U. S. DEPARTMENT OF AGRICULTURE, OFFICE OF THE SOLICITOR. GEO. P. McCABE, Solicitor. THE NATIONAL FOREST MANUAL GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND OPINIONS APPLICABLE TO THE CREATION, ADMINISTRATION, AND PROTECTION OF NATIONAL FORESTS. PREPARED FOR THE USE OF OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE. WASHINGTON: GOVERNMENT PRINTING OFFICE 1913. LETTEE OF TRAISTSMITTAL. U. S. Department of Agriculture, Office of the Solicitor, Washington, D. C, November 8, 1912. Sir : I have the honor to transmit herewith, and to recommend for pubUcation, a compilation of laws and parts of laws of a general nature affecting the administration and protection of the National Forests, with citations to acts of special or local application, and references to the more important decisions of the courts, the Interior Department, the Attorney General, the Comptroller of the Treasury, and the Solicitor of the Department of Agriculture. This compilation was requested by the Forester, and under my direction was compiled by Mr. W. W. Dyar, with the aid of other assistants to the Solicitor, ail under the supervision of Mr. R. W. Williams, in charge of the Forest Service section of this office. Respectfully, Geo. p. McCabe, Solicitor. Hon. James Wilson, Secretary of Agriculture. 2 D. CF D. FEB 19 1913 -? CONTENTS. Page. Establishment of National Forests and general powers of administration (national monuments and game refuges) 5 Legislation affecting particular National Forests 9 Uniform rules and regulations 13 Operation 14 Personnel 14 Buildings and property 16 Decisions affecting the work of "operation " 17 Arrests — Carrying concealed weapons 18 Lands 18 Claims procedure 18 Instructions of January 19, 1911 (39 L. D., 458), to special agents and registers and receivers 18 Final proof notices, etc. — Copies to forest officers 19 Filing of township plats — Notices to forest officers 19 Joint cii-cularof November 25, 1910 (39 L. D., 374), relating to pro- cedure in claims cases affecting the National Forests 20 Homestead laws 21 Basic provisions of the homestead l#ws most generally affecting Forest Service work 21 United States Revised Statutes 21 Special provisions in favor of soldiers and sailors 24 Three-year homestead law 24 Limitation to 320 acres under all land laws, excepting mineral laws. . . 26 Free homesteads on certain Indian lands opened to settlement 26 Additional homestead entries 26 Enlarged homesteads in certain States 27 Contests and cancellation of claim — Preference right 27 Commutation provisions 27 Homestead by married women 27 Settlers who become insane 27 Leaves of absence 27 Final proof notices _ 27 Distinction between offered and unoffered lands abolished 27 Relinquishments 27 General provisions of the homestead laws, extended to certain lands in the Yellowstone (now Shoshone) National Forest, etc 27 Homesteads in former Siletz Indian Reservation 27 Homestead laws extended to Alaska, with modifications, etc 27 Lands in the Black Hills Forest Reservation, settled upon and im- proved before September 19, 1898, may be entered under the home- stead laws, etc 27 Decisions imder the homestead laws 27 Agricultural lands in National Forests 30 Decisions relating to the listing of agricultiu-al lands for entry — Act June 11, 1906 (34 Stat., 233) 32 Mining laws 33 Basic provisions of the mining laws most generally affecting Forest- Service work 33 United States Revised Statutes S3 Other provisions of the mining laws 37 Mining laws in Alaska 37 Decisions under the mining laws 37 Mineral springs and lands adjacent 41 Decisions relating to mineral springs "1 41 Coal-land laws 42 Basic provisions 42 United States Re\dsed Statutes 42 Surface patents on ^ood-faith entries of coal lands 43 Agricultural entry for surface of lands classified or withdrawn as coal lands. (Not applicable to Alaska.) 43 Coal-land laws extended to Alaska 43 Amendments to coal-land laws in Alaska 43 3 4 CONTENTS. Lands — Continued. Page. Coal-land laws — Continued. Decisions under the coal-land laws 43 Coal lands 43 Timber and stone laws 43 Limitation to 320 acres under all land laws excepting mineral laws 45 Decisions under the timber and stone laws 45 Desert-land laws 46 Limitations and restrictions — Extension of time 48 Second desert-land entries 49 Limitation to 320 acres under all land laws, excepting mineral-land laws . 49 Secretary of Interior authorized to grant further time for making final proof 49 Decisions under the desert-land laws 49 School lands 49 Decisions as to school lands in National Forests 49 Lieu selections 50 Railroad grant lands 50 Right of way laws 51 Highways and railroads 51 United States Revised Statutes 51 Rights of way for water for irrigation and power development 52 United States Revised Statutes ^ 52 Rights of way in Alaska — Railroads, tram roads, and wagon roads 55 Decisions relating to rights of way 55 Indian allotments in National Forests 58 Town sites 58 Administrative sites 58 Special use permit 59 Timber and stone for United States reclamation works 59 Silviculture 59 Timber sales 59 Decisions appUcable to timber-sale contracts 61 Grazing 62 Decisions applicable to graziug 63 Trespasses 63 Timber trespasses 63 Criminal code of March 4, 1909 (36 Stat., 1088, 1098) 63 Fii'e trespasses 65 Criminal code of March 4, 1909 (36 Stat., 1088, 1098, and 1099) 65 Unlawful fencing 65 Miscellaneous trespasses and other offenses against the United States 67 Criminal code of March 4. 1909 67 Procedure 68 United States Revised Statutes 69 Decisions relating to trespasses 69 Cutting of timber 69 In general 69 From public mineral lands 69 From homestead claims 70 From mining claims 70 From railroad lands t- 70 From lieu selection 71 Damage — Innocent and willful trespasses 71 Fire trespasses 71 Grazing trespasses _- 72 IMiscellaneous trespasses and other offenses against the United States. 75 Fiscal management and appropriations 75 United States Revised Statutes 77 Decisions relating to fiscal management, appropriations, and refunds 79 In general 79 General expenses 80 Improvements 80 Fire-fighting fund 80 Reforestation 81 Supplies 81 Refunds , 81 Index 83 GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND OPINIONS APPLICABLE TO THE CREATION, AD- MINISTRATION, AND PROTECTION OF NATIONAL FORESTS. ESTABLISHMENT OF NATIONAL FORESTS AND GENERAL POWERS OF ADMINISTRATION (NATIONAL MONUMENTS AND GAME REFUGES.) Act of March 3, 1891 (2G Stat. 1095), to repeal timber-culture laws, and for other purposes. [1103] Sec. 24. That the President of the United States may, from Creation of Na- time to time, set apait and reserve, in any State or Territory having "°"^' Forests. public land bearing forests, in any part of the public lands wholly or in part covered with timber or 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.^ Agricultural appropriation act of March 4, 1907 (34 Stat. 125(j). 112691 * * * Forest reserves * * * shall be known hereafter Designation of as National Forests * * * forest reserves. Sundry ci^^l appropriation act of June 4, 1897 (30 Stat., 11). [34] * * * To remove any doubt which may exist pertaining to President em- the authority of the President thereunto [in regard to the National yoke^'modify, ot Forests], the President of the United States is hereby authorized and suspend Execu- empowered to revoke, modify, or suspend any and all such Executive tive orders or orders and proclamations, or any part thereof, from time to time as he Pi'ociamations. shall deem best for the public interests: * * * [36] The President is hereby authorized at any time to modify any President may Executive order that has been or may hereafter be made establishing any ^j^g l^d^, et(f.°' forest reserve, and by any such modification may reduce the area or change the boundary lines of such reserve, or may vacate altogether any order creating such reserve. Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). [1271] Hereafter no forest reserve shall be created, nor shall any No new forests additions be made to one heretofore created within the limits of the certa^in'^Stetes. '° States of Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress. (California added by act of Aug. 24, 1912, p. 9, post.) Act of February 1, 1905 (33 Stat., 628), providing for the transfer of forest reserves from the Department of the Interior to the Department of Agriculture. The Secretary of the Department of Agricultiu-e shall, imm and after Transfer of Na- the passage of this act, execute or cause to be executed all laws affecting care'^of Secretary public lands heretofore or hereafter reserved under the provisions of of Agriculture, section twenty-four of the act entitled "An act to repeal the timber- 26 Stat., 1095. 1 The public lands are held in trust for the whole people, not for the people of the States within wliich they are located. The Government has in its lands all the rights of an individual proprietor to maintain its possession and prosecute trespassers. It may deal with them as an individual may deal with his lands. It may sell or withhold them from sale or settlement. It may absolutely prohibit or fix the terms on which they may be used. The constitutional declaration that " Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or the property belonging to the United States" (Art. IV, sec. 3), places in Congress authority and discretion to exercise the above rights and powers; and Congress may therefore reserve or authorize the President to reserve public lands as National Forests with- out the consent of the State within whose borders tliey lie. (Light v. United States, 220 U. S., 623, and cases therein cited.) 5 6 NATIONAL FOREST MANUAL LAWS. culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, and acts supplemental to and amendatory thereof, after such lands have been so reserved, excepting such laws as affect the sm'veying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting of any of such lands. Sundry civil appropriation act of June 4, 1897 (30 Stat., 11). [34] All public lands heretofore designated and reserved by the President of the United States under the provisions of the act approved 26 Stat., 1095. March third, eighteen hundred and ninety-one, the orders ff)r which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said act, shall be as far as practicable controlled and administered in accordance with the following pro- visions: No public forest reservation shall be established, except to improve Purposes of Na- and protect (he forest within the reservation, or for the purpose of tional lorcsi-s. securing favorable ct)nditions of water flows, and to furnish a con- tinuous supply of timber for the use and necessities of citizens of the United States; but it is not the purpose or intent of these provisions, or of the act providing for such reservations, to authoi-ize the inclusion therein of lands more valuable for the mineral therein, or for agricul- tural purposes, than for forest piu-poses.' Fire protection. The Secretary of the Interior shall make provisions for the protection against destruction by fire and depredations upon the public forests and forest reser\'ations which may have been set aside or which may be hereafter set aside under the said act of March third, eighteen hundred Secretary (of and ninety-one, and which may be continued; and he may make such nia^o rules "nd ^^il^s and regulations and establish such ser^•ice as will insure the objects regulations. ' of such reservations, namely, to legulate their occupancy and use and to preserve the farests thereon from destruction; ^ and any violation of Penalty. the provisions of this act or such rules and regulations shall be punished 25 Stat., 166. as is provided for in the act of June fourth, eighteen hundred and eighty- R.S., sec. 5388. eight, amending section fifty-thiee hundred and eighty-eight of the Revised Statutes of the United States.^ Timber jna.j p"or the purpose of preserving the living and growing timber and sold.^^"^'' ° promoting the younger growth on forest reservations, the Secretary of the Interior, under such rules and regulations as he shall prescribe, may cause to be designated and appraised so much of the dead, matured, or large gi'o-wth of trees found upon such forest reser\'ations as may be compatible with the utilization of the forests thereon, and may" sell the same for not less than the a])praised "\alue in such cjuantities to Timber must each piu'chaser as he shall prescribe, to be used in the State or Terri- eu.se m tate. ^^^.^ ^j^ which such timber reservation may be situated, respectively, but not for export therefrom.* • Not withstanding this laneuajro, mineral lands (at least if not located as such at the time of withdrawal) become a part of the National Forest; an road through a National Forest, by contributing monev for that purpose. (1 Sol. Op., 154.) The Forest Service may legally enter into an agreement for the cooperative construction of a telephone line where under the terms of such agreement the United States is to retain title to all timber taken from the National Forests used either in the construction or maintenance of said line, the other contracting party to furnish all other materials and labor necessary. (2 Sol. Op., 999.) Secretary of Agriculture is not authorized to grant timber to a tele- phone company free of charge as an inducement to its construction of a telephone line on a National Forest. (2 Sol. Op., 1026.) The limitation of $500 on the cost of buildings, contained under "General expenses" in the appropriation for 1911, applies also to ranger cabins erected under the appropriation for "Improvement of the National Forests." (Comp. Dec. of May 23, 1911, unpublished.) Under the provision in the appropriation act for 1912 an existing ranger cabin may be enlarged to meet the present needs of the Forest Service, provided the total cost of the enlarged building does not exceed $650. _ (2 Sol. Op., 679.) The foregoing provision does not, however, authorize additional expenditures on old cabins merely for the purpose of making them more comfortable and commodious for the same nmnber of rangers and the same amount of business as they were originally constructed to provide for. (2 Sol. Op., 679.) Government property in the nature of fixtures such as cabins, fences, etc., may be sold as personal property either before or after the land to which they are attached is released from withdrawal for administrative use of the Forest Service. (1 Sol. Op., 272.) Logs from deserted cabins on National Forests can be sold by the forest supervisors under authority of Revised Statutes, section 3618. (1 Sol. Op., 109.) 66777°— 13 2 18 NATIONAL FOKEST MANUAL— LAWS. A forest ranger is not subjpct to ths Florida statutes requiring all male residents of the counties to work on the public roads, with the privilege of providing a substitute or ]^ yi'^g a stipulated sum in lieu of personal service. (2 Sol. Op., 841.) Forest supervisors are not authorized to commute leave without pay to leave with pay. (1 Sol. Op., 73.) An employee of this department can not receive compensation from it while on leave with pay from the Indian Service. (1 Sol. Op. , 102.) Payment of cost of mallein test for glanders required on interstate shipment of ranger's horses not authorized by General Order No. 145. (2 Sol. Op., 1025.) Arrests — Carrying Concealed Weapons. Forest officers, being charged with the duty of protecting the National Forests and invested with authority to make arrests, may carry con- cealed weapons, if necessary, to the discharge of these duties, and in doing so are not subject to the State laws regarding the carrying of con- cealed weapons. (1 Sol. Op., 112.) It is not the duty of forest officers to directly prosecute in a State court a person accused of violating State statutes by starting a fire which spreads to national forest lands. In such case they would perform their full duty by calling the attention of the proper State officers to the alleged criminal offense, suggesting action, and offering to aid in all proper ways. (2 Sol. Op., 693.) LANDS. CLAIMS PROCEDURE. Instructions op January 19, 1911 (39 L. D., 458), to Special Agents AND Registers and Receivers. The following rules are prescribed for the government of proceedings had upon the reports of special agents of this office. All existing in- structions in conflict herewith are superseded. Purposes. 1. The purpose hereof is to secure speedy action upon claims to the public lands, and to allow claimant, entryman, or other claimant of record opportunity to file a denial of the charges against the entry or claim, and to be heard thereon if he so desires. Special agent's 2. Upon receipt of the special agent's report this office will consider '^PO'"*- the same and determine therefrom whether the charges, if true, would warrant the rejection on cancellation of the entry or claim. Charges. 3. Should the charges, if not disputed, justify the rejection or can- cellation of the entry or claim the local officers will be duly notified thereof and directed to issue notice of such charges in the manner and Notice of form hereinafter provided for, which notice must be served upon the charges. entryman and other parties in interest shown to be entitled to notice. 4. The notice must be written or printed and must state fully the Same. charges as contained in the letter of this office, the number of the entry or claim, subdivision of land involved, name of entryman or claimant or other known parties in interest. Contents of no- 5. The notice must also state that the charges will be accepted as ^^' true, (a) unless the entryman or claimant files m the local office within 30 days from receipt of notice a written denial, under oath, of said charges, with an application for a hearing, (6) or if he fails to appear at any hearing that may be ordered in the case. Service of 6. Notice of the charges may in all cases be served personally upon the charges. proper party by any officer or person, or by registered letter mailed to the last address of the party to be notified, as shown by the record, and to the post office nearest to the land . Proof of personal service shall be the written acknowledgement of the person served, or the affidavit of the person who served the notice attached thereto, stating the time, place, and manner of service. Proof of service of notice by registered mail shall consist of the affidavit of the person who mailed the notices, attached to the post-office registry return receipts, or the returned un- claimed registered letters. NATIONAL FOREST MANUAL LAWS. 19 7 . If a hearing is asked for, the local officers will consider the same Dates for hear- and confer with the chief of field division relative thereto and fix a date ^°^' for the hearing, due notice of which must be given entryman or claim- ant. The above notice may be served by registered niail. By ordi- nary mail a like notice will be sent the chief of Field Division, and when the land is in a national forest the proper forest field officer will be also notified. 8. The chief of Field Division will duly submit, upon the form pro- Estimate of ex- vided therefor, to this office, an estimate of the probable expense P^"^"- required on behalf of the Government. He will also cause to be served subpoenas upon the Government witnesses and take such other steps as are necessary to prepare the case for prosecution. 9. The special agent must appear with his witnesses on the date and Appearance at at the place fixed for said hearing, unless he has reason to believe that ^°^''^°s- no appearance for the defense will be made, ia which event no appear- ance on behalf of the Government will be required. The special agent must, therefore, keep advised as to whether the defendant intends to appearat the hearing. The Chief of Field Division may, when present, conduct the hearing on behalf of the Government. 10. If the entryman or claimant fails to deny the charges under oath Default by and apply for a hearing, or fails to appear at the hearing ordered without ^''^^^^^t- showing good cause therefor, such failure will be taken as an admission of the truth of the charges contained in the special agent's report and will obviate any necessity for the Government's submitting evidence in support thereof, and the register and receiver will forthwith for- ward the case with recommendation thereon to the General Land Office and notify the parties by registered mail of the action taken. 11. Upon the day set for the hearing and the day to which it may be . Conduct of hear- continued the testimony of the witnesses for either party may be sub- ^^^' mitted, and both parties, if present, may examine and cross-examine the witnesses, under the rules, the Government to assume the burden of proving the special agent's charges. 12. If a hearing is had, as provided in paragraph 11, the local officers Decision of lo- will render their decision upon the record, giving due notice thereof in '^^^ officers. the usual manner. 13. Appeals or briefs must be filed under the rules and served upon Appeals and the special agent in charge of hearing, and when land is in a National *"'^'^^^- Forest upon the proper district assistant to the Solicitor of the Depart- . Service on So- ment of Agriculture. The special agent will not file any appeal or brief '^°'*'°'"- unless directed to do so by this office or the Chief of Field Division. 14. The above proceedings will be governed by the Rules of Practice. Practice. All notices served on claimants or entrymen must likewise be served upon transferees or mortgagees. Very respectfully, Fred Dennett, Commissioner. Approved : R. A. Ballinger, Secretary. Final Proof Notices, etc. — Copies to Forest Officers. By instructions of December 31, 1910 (39 L. D., 436), in all cases of applications to make final proof, final entry, or to purchase lands under any public-land law, the registers and receivers are directed to furnish the proper forest officers with copies thereof in triplicate when the lands affected are in the National Forests. Filing op Township Plats — Notices to Forest Officers. Instructions of January 9, 1911 (39 L. D., 446), to registers and receivers: "In all cases where you hereafter receive plats of the surveys of any townships wholly or in part within National Forests, with instructions to file them in your office, you will at once mail to the supervisors of the National Forests within which such townships are located a copy of the notice of such filing required by the instructions of October 21, 1885 (4 L. D., 202), for theii- instruction and guidance. " 20 NATIONAL FOREST MANUAL LAWS. Joint Circular of November 25, 1910 (39 L. D., 374), Relating to Procedure in Claims Cases Affecting the National Forests. To the Commissioner, chief of field service, Chiefs of Field Division, registers and receivers. General Land Office, Department of the Interior; the Forester, district foresters, forest supervisors, Forest Service, Depart- ment of Agriculture; the Solicitor and district assistants to the Solicitor, Department of Agriculture. Gentlemen: To better effectuate cooperation in protecting the interests of the Government and settlers and others claimants to lands within National Forests, the following order is effective, superseding order of June 25, 1910 (39 L. D., 52): Supervisors' re- 1. Forest supervisors will submit all reports made by forest officers ports. to the proper district forester, who will make a careful examination of them. Action by dis- _ If the district forester is of the opinion that no contest should be trict forester. instituted he will transmit the report directly to the proper Chief of Field Division with an indorsement of "No protest," except that in the case of claims under the mining laws which have not been examined for mineral discovery, the notice of "No protest" will be by letter from the district forester to the Chief of Field Division, instead of by the Action by Chief transmittal of an indorsed report. Should the Chief of Field Division of Field Division, desire further information he will return the report directly to the district forester, requesting such additional investigation as may be necessary; or, if he deems it advisable, he will cause an agent of the General Land Office to make such additional investigation. If the Chief of Field Division is of opinion that no hearing is necessary, he will transmit the report, or the letter of "no protest," to the Commis- sioner of the General Land Office with his recommendations. If the district forester is of opinion that a contest should be instituted Action b^ as- he will refer the report to the district assistant to the Solicitor for exam- sistant to Solici- ination as to the sufficiency of law and evidence, and if found to be sufficient he will return it to the district forester with a draft of the charges against the claim to be recommended to the Chief of Field Division. If the district assistant to the Solicitor is of opinion that additional evidence is necessary, he will call this to the attention of the district forester, who will order such additional investigation as may be required and will resubmit the report with the additional evidence to the district assistant to the Solicitor, who, if then satisfied that a contest should be instituted, will pursue the course outlined above. When the final report, with the draft of charges to be recommended to the Chief of Field Division, is returned to the district forester by the district assistant to the Solicitor, the district forester will transmit it directly to the Chief of Field Division with a recommendation that a contest be instituted upon the charges indicated. If the district assist- Action by For- ant to the Solicitor, after full review of the final report, is of opinion ester and Soliei- that a contest should not be instituted, he will so advise the district *'°'"- forester and if the latter is still of opinion that a contest should be instituted, the papers in the case will be referred to the Forester for consultation with the Solicitor, and, if need be, for submission to the Secretary of Agriculture, and, after decision, the papers will be returned by the Forester to the district forester with notice of decision and Eeport of Chief appropriate instructions. Should the Chief of Field Division find the of Field Division, report, in his opinion, insufficient to warrant adverse proceedings, he will return it directly to the district forester, requesting such additional investigation as may be necessary; or, if he deems it advisable, he will cause an agent of the General Land Office to make such additional investigation. If, after receipt of the complete report, the Chief of Field Division is of opinion that adverse proceedings should be ordered, he will transmit the report, together with the district forester's letter of recommendations, to the Commissioner of the General Land Office with a letter of transmittal recommending the ordering of a hearing before the register and receiver upon the charges euggejted by him and noted in his letter of transmittal. If, after receipt of complete report from the district forester recommending adverse proceedings, the Chief of Field Division is of opinion that a hearing is unwarranted, he will NATIONAL FOEEST MANUAL LAWS. 21 transmit the report, the district forester's letter of recommendations, and his own recommendations to the Commissioner of the General Land Office for decision. Should the Commissioner of the General Land Office approve the recommendations of the Chief of Field Divi- sion, he will notify the Solicitor of the Department of Agriculture. 2. Upon order or application for hearings upon reports covering lands Hearings. or claims within a National Forest, the register and receiver will send duplicate notices thereof to the Chief of Field Division and the proper district assistant to the Solicitor. Before setting date for the hearing in any such case, the Chief of Field Division will confer with the proper district assistant to the Solicitor and thereupon suggest to the register and receiver a date for hearing, and the names of witnesses to be sub- Setting dates. poenaed upon behalf of the Government. In the event the Chief of Field Division and the district assistant to the Solicitor are unable to agree as to the date of hearing, the matter will be referred by the Chief of Field Division to the Commissioner of the General Land Office, who will issue the necessary directions. 3. In all hearings affecting lands or claims within a National Forest, the Chief of Field Division or a special agent of the General Land Office, and the district assistant to the Solicitor, will be entered of record as appearing on behalf of the Government. The Chief of Field Division Appearances or special agent of the General Land Office acting as attorney for the for Government. Government in any such case will control the Government's side of the case in any matter as to which counsel are unable to agree, subject to any direction that may be given by the Commissioner of the General Land Office in case the matters of difference are of such importance as to be presented to him for action. 4. In all Government cases before registers and receivers involving lands or claims within a National Forest, the Chief of Field Division and the district assistant to the Solicitor shall each be served with notice of all appeals, motions, orders, and decisions required to be noted Notices of ap- iinder the rules in cases of private contests. The proper law officers peai. of the Department of Agriculttu-e shall also have a right of appeal Appeals by So- from any decision by the Commissioner of the General Land Office, licitor. and to file motion for review in the department, or take other like action in the same manner as a private contestant; and shall receive like notices of proceedings and decisions: Provided, hoivever, That the Department of Agriculture shall not be required to take formal appeals from decisions of registers and receivers. 5. Costs incident to hearings before registers and receivers in Govern- Costs and ex- ment cases involving lands or claims within a National Forest will be penses. paid under rules now in force. Expenses incident to appeals will be paid by the Department of Agriculture; except that, where feasible. Chiefs of Field Division may give aid in office work in preparation of papers, briefs, etc. Very respectfully, R. A. Ballinger, Secretary of the Interior. James Wilson, Secretary of Agriculture. HOMESTEAD LAWS. Basic Provisions of the Homestead Laws Most Generally Affecting Forest Service Work. UNITED states REVISED STATUTES. Sec. 2288. Any bona fide settler under the preemption, homestead, or other settlement law shall have the right to transfer by warranty Transfer of against his own acts any portion of his claim for chm-ch, cemetery, homestead lands. or school purposes, or for the right of way of railroads, telegraph, tele- phones, canals, reservoirs, or ditches for irrigation or drainage across it; and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to his claim. (As amended Mar. 3, 1905, 33 Stat., 991.) Sec. 2289. Every person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United 22 jSTATTONAL forest manual LAWS. States, or who lias filed his declaration of intention to become such, Persons enti- aa required by the naturalization laws, shall be entitled to enter one tied to homostead quarter-section, or a less quantity, of unappropriated public lands, to rights. \yQ located in a body in conformity to the legal subdivisions of the public lands; but no person who is the proprietor of more than one hundred and sixty acres of land in any State or Territory shall acquire any right under the homestead law. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. (As amended Mar. 3, 1891, 26 Stat., 1098.) Sec. 2290. That any person applying to enter land under the pre- Mode of pro- ceding section shall first make and subscribe before the proper officer cedure. and file in the proper land office an affidavit that he or she is the head of a family, or is over twenty-one years of age, and that such applica- tion is honestly and in good faith made for the purpose of actual set- tlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that he or she will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for; that he or she is not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that he or she does not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for himself, or herself, and that he or she has not directly or indirectly made, and will not make, any agreement or contract in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which he or she might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person, except himself, or herself, and upon filing such affidavit with the register or receiver on payment of five dollars, when the entry is of not more than eighty acres, and on payment of ten dollars, when the entry is for more than eighty acres, he or she shall thereupon be permitted to enter the amount of land specified. (As amended Mar. 3, 1891, 26 Stat., 1098.) Certificate and Sec. 2291. No certificate, however, shall be given, or patent issued ^^ ° ■ therefor, until the expiration of five years fi'om the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry; or if he be dead, his widow; Widows and or in case of her death, his heirs or de\dsee ; or in case of a widow making ^"^ such entry, her heirs or devisee, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty-eight, and that he, she, or they will bear true allegiance to the Government of the United States; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by iaw. Infantchildren. Sec. 2292. In case of the death of both father and mother, leaving an infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of such infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office fees and sum of money above specified. Persons in mili- Sec. 2293. In case of any person desirous of availing himself of the service ""^ "'*^'^' t>enefits of this chapter, but who, by reason of actual service in the military or naval service of the United States, is unable to do the person?l preliminary acts at tha district land office which the preced- ing sections require; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bona fide improvement and settlement have been made, such person may itAltONAL FOREST MANUAL — LAWS. 23 make the affidavit required by law before the officer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the application and affida\dt are accompanied by the fee and commissions as required by law. Sec. 2294. That hereafter all proofs, affidavits, and oaths of any Affidavits and kind whatsoever required to be made by applicants and entrymen ^j^Q^^^^gQ^"""® under the homestead, preemption, timber-culture, dasert-land, and timber and stone acts, may, in addition to those now authorized to take such affidavits, proofs, and oaths, be made before any United States commissioner or commissioner of the court exercising Federal jurisdiction in the Territory or before the judge or clerk of any court of record in the county, parish, or land district in which the lands are situated: Provided, That in case the affidavits, proofs, and oaths hereinbefore mentioned be taken out of the county in which the land is located the applicant must show by affidavit, satisfactory to the Com- missioner of the General Land Office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and oaths in the land districts in which the lands applied for are located ; but such showing by affidavit need not be made in making final proof if the proof be taken in the town or city where the newspaper is pub- lished in which the final proof notice is printed. The proof, affidavit, and oath, when so made and duly subscribed, or which may have heretofore been so made and duly subscribed, shall have the same force and effect as if made before the register and receiver, when transmitted to them with the fees and commissions allowed and required by law. That if any witness making such proof, or any applicant False swearing, making such affidavit or oath, shall knowingly, willfully, or corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. That the fees for entries and for final proofs, when made before any other officer than the register and receiver, shall be as follows: "For each affidavit, twenty-five cents. Fees. "For each deposition of claimant or witness, when not prepared by the officer, twenty-five cents. "For each deposition of claimant or witness, prepared by the officer, one dollar. "Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction shall be pun- ished for each offense by a fine not exceeding one hundred dollars." (As amended Mar. 4, 1904, 33 Stat., 59.) * * * * * Sec. 2296. No lands acquired under the provisions of this chapter Homesteads shall in any event become liable to the satisfaction of any debt con- "^^j. Igbi^* *° tracted prior to the issuing of the patent therefor. Sec. 2297. If, at any time after the filing of the affidavit, as required in section twenty-two hundred and ninety, and Hefore the expiration of the five years mentioned in section twenty-two hundred and ninety- one, it is proved, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit tt ^ '^ I "V" * ® * ° has actually changed his residence, or abandoned the land for more ^^^^'^'^ states. than six months at any time, then and in that event the land so entered shall revert to the Government: Provided, That where there may be climatic reasons the Commissioner of the Gener?l Land Office may, in his discretion, allow the s. Jones, ] 77 U. S., 125; Minneapolis, etc. R. Co. v. Doughty, 208 U. S., 251; Stalker et al. V. Oregon Short Line R. R. Co. ,225 U. S., 142.) A railroad company does not acquire a vested right under the act of March 3, 1875 (18 Stat., 482), over unsurveyed land by filing a map of the route in the local and General Land Offices. (1 Sol. Op., 459.) No rights are acquired as against the United States until the line has been ascertained by actual construction or the application has been approved by the Secretary of the Interior, and rights initiated sub- sequent to temporary or permanent withdrawals are subject to such withdrawals. (Same.) Irrigation rights of way. — Prior to approval by the Secretary of the Interior, the inchoate right acquired by an application for right of way under the act of March 3, 1891, is subject to the power of Congress to deny the right by making other disposition of the lands affected. (Sierra Ditch Water Co., 38 L. D., 547.) The approval by the Secretary of Agriculture of an application for a right of way under the acts of March 3, 1891, and May 11, 1898, for a reservoir site within a National Forest does not vest an easement in the applicant, but is merely advisory to the Secretary of the Interior and subject to his paramount jurisdiction under his said acts. (Cali- fornia-Nevada Canal, Water & Power Co., 40 L. D., 380.) Approval of applications for rights of way under the act of March 3, 1891, as amended by the act of May 11, 1898, for primary purposes of irrigation, are subject to all valid existing rights and upon the express condition that the right of way be used for the main purpose of irriga- tion; that any electrical power or energy developed thereunder is to be primarily used for the purpose of irrigation; and any abandonment or violation of such use, or neglect to comply with the provisions of the law. will work a forfeiture which will be enforced bv appropriate .n»^- NATIONAL FOREST MANUAL LAWS. 57 ceedings. (Instructions, case of Pamma Power & Irrigation Co., 39 L. D., 309; see also Kern River Co., 38 L. D., 302.) Applications for rights of way under the provisions of the act of March 3, 1891, and section 2 of the act of May 11, 1898, will not be allowed except upon a satisfactory showing that the right of way is desired for the primary purpose of irrigation. (Inyo Consolidated Water Co., 37 L. D., 79.) Whenever in his judgment the granting of a right of way under the act of March 3, 1891, over a national park would interfere with proper occupation of the reservation by the Government, the Secretary of the Interior may withhold his approval therefrom. (Sierra Ditch & Water Co., 38 L. D., 547.) There is no authority under the irrigation right of way act of March 3, 1891, to require the applicant to keep the reservoir or lake open to the public for fishing purposes. (1 Sol. Op., 174.) Electric power rights of way. — A company organized chiefly for the purpose of generating and distributing power is not within the pur- view of the act of March 3, 1891; and where an application by such a company for right of way under that act has been approved, for lands now within a National Forest, the company may be permitted to relinquish all rights under such approval and amend its application to bring it within the act of February 15, 1901, failing to do which, action should be taken by the Land Department with a view to revo- cation of such approval. (The Kern River Co., 38 L. D., 302.) A right of way for the development of electric power could not be acquired under the act of 1866 (Rev. Stat., 2339). Congress did not, in that act, contemplate power companies, because none were then in existence. (The Kern River Co., 38 L. D., 302, 309.) Under the act of February 15, 1901, the Secretary of the Interior may, in his discretion, refuse to approve an application until the ap- plicant files a stipulation to comply with "all laws or regulations now in force or which may hereafter be passed or promulgated." (Decision of Secretary of the Interior of Sept. 16, 1912 (unpublished), in case of Central Colorado Power Co.) The rights of way granted by section 4 of the Forest Transfer Act are limited to municipal and mining purposes, including the milling and reducing of ores, and an application under it should not be allowed where it appears that the chief purpose for which the right is desired is the generation of power for commercial use and that its utilization for mining operations is merely incidental to such purpose. (Northern California Power Co., 37 L. D., 80.) A right of way for a ditch for mining purposes, acquired under the act of July 26, 1866, prior to the creation of a National Forest, can not legally be used to convey water for the exclusive purpose of gen- erating hydroelectric power for commercial sale. (2 Sol. Op.. 728.) A right of way for a mining ditch acquired under the act of 1866 prior to the creation of a National Forest is a mere easement, and the lands affected become part of a subsequently created National Forest, sub- ject, however, to the easement for mining purposes. (2 Sol. Op., 728.) A power permit may be issued for lands embraced in a mining claim, and ii by a private arrangement with the power company the mineral claimant waives his right of exclusive possession, this depart- ment may collect from the power company the usual charge for the use of such land for power purposes. (2 Sol. Op., 763.) The approval of a map of right of way under the act of May 14, 1896, confers merely a permission amounting to a personal license revocable by operation of law through transfer or assignment, or expressly by the Secretary. (2 Sol. Op., 925.) There is no authority in the Secretary of Agriculture to grant a power permit affecting National Forest lands withdrawn by the Pres- ident as a power site under the act of June 25, 1910. Applications for such permits may, however, be received for submission to the President. (2 Sol. Op., 817.) The act of February 15, 1901, authorizing the granting of revocable power permits, etc., does not extend to Alaska, (2 Sol. Op., 803), but permits for power rights of way may be granted under the act of Jime 4, 1897, 30 Stat., 11. (2 Sol. Op., 1032.) 58 NATIONAL FOEEST MANUAL LAWS. Transmission lines, etc. — The authority to grant fifty-year easements for transmission and other lines under the act of March 4, 1911 (36 Stat., 1235), is vested in the Secretary of Agriculture when and in so far as the lands affected constitute portions of the National Forests. (29 Op. Atty. Gen., 303.) Telegraph lines. — The act of July 24, 186G (now Rev. Stat., sec. 5263), granting rights of way for telegraph lines does not apply to National Forest lands. (1 Sol. Op., 266, 452.) INDIAN ALLOTMENTS IN NATIONAL FORESTS. Act June 25, 1910 (36 Stat., 855), relating to Indian allotments, etc. Persons entitled Sec. 31. That the Secretary of the Interior is hereby authorized, to allotments. ^^ j^^ discretion, to make allotments within the National Forests in conformity with the general allotment laws as amended by section [16] of this act, to any Indian occupying, living on, or having improve- ments on land included within any such National Forest who is not entitled to an allotment on any existing Indian reservation, or for whose tribe no reservation has been provided, or whose reservation Applications to -was not sufficient to afford an allotment to each member thereof. All ^^'^IP^ ^ ^'' applications for allotments under the provisions of this section shall be sulimitted to the Secretary of Agriculture, who shall determine whether the lands applied for are more valuable for agricultural or grazing pin-poses than for the timber found thereon ; and if it be found that the lands applied for are more valuable for agricultural or grazing retlrv of the Inte^ purposes, then the Secretary of the Interior shall cause allotment to rior. ' be made as herein provided.' TOWNSITES. Section 2286 and sections 2380 to 2394, inclusive. Revised Statutes, provide methods of acquiring public land for town-site purposes on the vacant unreserved lands of the United States. Act of March 3, 1877 (19 Stat., 392), provides for additional town sites. Act March 3, 1891 (26 Stat., 1101), provides for town sites on mineral lands. There are also various acts applicable to individual States. See circular Department of Interior of August 7, 1909 (38 L. D., 92). A town site actually settled and occupied before the creation of a National Forest is excepted from the proclamation, even though the land is unsurveyed; and an occupant of lands within the town site can not be required to take out a forest service permit. (2 Sol. Op., 726.) ADMINISTRATIVE SITES. The withdrawal of an administrative site riparian to a stream does not of itself reserve water for administrative uses on such site; and the right to such water can be secured onlv by appropriation imder the State laws. (1 Sol. Op., 590.) The establishment of a forest reserve does not contemplate the actual use or occupancy of any particular tract within the designated boundaries of the reserve; hence there is no incongruity in providing that, after the creation of the reserve, lands may be prospected, and, if shown to be mineral in character, located and entered under the mining laws. The purposes for which the withdrawal now proposed to be made (administrative site) contemplates and requires the actual use and occupancy of each tract and the expenditure of money upon each or most of such tracts, and this of necessity excludes the operation of any other claim. Land not known at the time to be mineral in char- acter may be devoted to purposes recognized by law as proper in the aid of the objects sought to be attained by establL«^hment of forest reserves, or coming within the purview of the appropriation acts for protection and administration of such reserves and subsequent discov- ery of mineral therein will not affect its use for those purposes or render 1 This section does not apply to the Minnesota National Forest. (Letter Secretary of the Interior to Secretary of Agriculture, Sept. 27, 1912.) / NATIONAL FOREST MANUAL LAWS. 59 it liable to exploration, location, or entry under the mining laws. (Opinion of the Assistant Attorney General, 35 L. D., 262-268.) SPECIAL USE PERMIT. A special use permit for the use of lands for a summer home remains in full force and effect and gives the permittee complete right of pos- session and use as against subsequent locators of a mining claim. (Le Roy et al. v. Swanson; unpublished findings of the county court of Colorado for Clear Creek County, date Feb. 6, 1912.) TIMBER AND STONE FOR UNITED STATES RECLAMATION WORKS. Act of February 8, 1905 (33 Stat., 706). In carrying out the provisions of the national irrigation law approved Reclamation June seventeenth, nineteen hundred and two, and in constructing ^j^^g^^j^^^;^!® works thereunder, the Secretary of the Interior is hereby authorized to tional Forests, use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is hereby authorized to permit the use of earth, stone and timber from the forest reserves of the United States for the same purpose, under rules and regulations to be prescribed by him. SILVICULTURE. TIMBER SALES. Timber sales provisions of act Jime 4, 1897 (30 Stat , 11, 35). as amended by act June 6, 1900 (31 Stat., 661). For the purpose of preserving the living and growing timber and Timber, ap- promoting the younger growth on forest reservations, the Secretary of P'"^!^^' ^°^ s^'^- the Interior, under such rules and regulations as he shall prescribe, may cause to be designated and appraised so much of the dead, matured, or large growth of trees found upon such forest reservations as may be compatible with the utilization of the forests thereon, and may sell the same for not less than the appraised value in such quantities to each purchaser as he shall prescribe, to be used in the State or Territory in which such timber reservation may be situated, respectively; but not for export therefrom.* ^ [Before such sale shall take place notice thereof shall be given Advertisement of Scll6. * * * for not less than thirty days, by publication in one or more newspapers of general circulation, as he may deem necessary, in the State or Territory where such reservation exists: Provided, however, That in cases of unusual emergency the Secretary of the Interior may, E mergency in the exercise of his discretion, permit the purchase of timber and cord ofadvertilement! wood in advance of advertisement of sales at rates of value approved by him and subject to payment of the full amount of the highest bid resulting from the usual advertisement of sale: Provided further, That he may, in his discretion, sell without advertisement, in quantities to suit applicants, at a fair appraisement, timber and cord wood not exceeding in value one hundred dollars stumpage: And provided fur- ther, That in cases in which advertisement is had and no satisfactory ^"■^^*?, ^^'® bid is received, or in cases in which the bidder fails to complete the ^fectory etc° purchase, the timber may be sold, without further advertisement, at private sale, in the discretion of the Secretary of the Interior, at not less than the appraised valuation, in quantities to suit purchasers: And provided further. That the provisions of this act shall not apply to existing forest reservations in the State of California, or to reservations that may be hereafter created within said State]. ^ > Modified by agricultural appropriation, act of Mar. 4, 1907 (34 Stat., 1270) , printed next .following. 2 The matter in brackets is talsen bodily from the act of June 6, 1900 (31 Stat. , 661) , which amends the original act by substituting this language. 3 This proviso is repealed by a provision in the agricultural appropriation act of June 30, 1906 (34 Stat., 669, 684), post p. 60. 60 NATIONAL FOREST MANUAL LAWS. * * * Such timber before being sold shall be marked and desig- Cutting and re- nated, and shall be cut and removed under the supervision of some moval. person appointed for that purpose by the Secretary of the Interior not interested in the purchase or removal of such timber nor in the employ- ment of the purchaser thereof. Such supervisor shall make report m writing * * * of his doings in the premises. Free use of tim- The Secretary of the Interior may permit, under regulations to be tiers ^etc' ^^ ^^^' P/escribed by him, the use of timber and stone found upon such reserva- ' ' tions, free of charge, by bona fide settlers, miners, residents, and pros- pectors for minerals, for firewood, fencing, buildings, mining, prospect- ing, and other domestic purposes, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located.' Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). Forestproducts [1270] And the Secretary of Agriculture may, in his discretion, from StateOTTe^ P^'"'^^* timber and other forest products cut or removed from the ritory. national forests of the United States, except the Black Hills National Forest in South Dakota,^ to be exported from the State, Territory, or the district of Alaska, in which said forests are respectively eituated: Restrictions as Provided, That the exportation of dead and insect-infected timber only National ForSt'^ ^'^*^°^ ^^^^^ Black Hills National Forest shall be allowed until such time as the Forester shall certify that the ravages of the destructive insects in said forest are practically checked, but in no case after July first, nineteen hundred and eight. This proviso was repeated in the agricultural appropriation acts of May 23, 1908, March 4, 1909, May 26, 1910, and March 4, 1911, except that the time limit fixed in the last line was extended, first to July 1, 1910, and then to July 1, 1912. The old Black Hills National Forest having been divided into the Black Hills and Harney National Forests, the agricultural appropriation act of August 10, 1912 (37 Stat., 269) applies this i^rovision to both, and further extends the time limit to July 1, 1914. Agricultural appropriation act of June 30, 1906 (34 Stat., 669). Timber sales in [684] Hereafter sales of timber on forest reserves in the State of California. California shall in every respect conform to the law governing such sales in other States, as set forth in the act of June sixth, nineteen hun- dred (Thirty-first Statutes at Large, page six hundred and sixty-one). Minnesota Na- NoTE. For timber sale provisions relating especially to the Minne- tional Forest. ^^^ National Forest (see sec. 2 of the act of May 23, 1908, 35 Stat. , 268). Agricultural appropriation act of August 10, 1912 (37 Stat., 269). Bales to settlers That the Secretary of Agriculture, under such rules and regulations cosi; ^^'^™®'^^ ^* as he shall establish,' is hereby authorized and directed to sell at actual cost, to homestead settlers and farmers, for their domestic use, the mature, dead and down timber in national forests, but it is not the intent of this provision to restrict the authority of the Secretary of Agriculture to permit the free use of timber as provided in the Act of June fourth, eighteen hundred and ninety seven. The act of June 3, 1878 (20 Stat., 88) authorizing the citizens of Colorado, Nevada, New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, and Montana and "all other mineral districts of the United States" to fell and remove timber on the public domain for mining and domestic purposes, is printed on page 64, post, under "Trespass." Forest transfer act of February, 190.5 (33 Stat., 628). Fulp wood and Sec. 2. That pulp wood or wood pulp manufactured from timber in b^xporte^d from ^^^^ district of Alaska may be exported therefrom. Alaska. 1 Modified by agricultural appropriation act of Mar. 4, 1907 (34 Stat., 1270), printed next following. > This does not prevent the Secretary of Agriculture from causing; tree seeds to be collected in the Black Hills Nationa Forest for the use of the Forest Service in seeding and planting in other States. The prohibition does not apply to governmental uses. (1 Sol. Op., 424.) NATIONAL FOREST MANUAL LAWS. 61 Tarifl act of June 29, 1909, free list, paragraph 652 (36 Stat., 11, on p. 78). 652. Plants, trees, shrubs, roots, seed cane, and seeds imported by Plants^ trees. the Department of Agriculture or the United States Botanic Garden, f^^g/' in^Ported Agricultural appropriation act of August 10, 1912. 37 Stat., 269 (Nebraska National Forest.) Provided, That from the nurseries on said forest the Secretary of Nebraska Na- Agriculture, under such rules and regulations as he may prescribe, may ^^°^^^ Forest, furnish young trees free, so far as they may be spared, to residents of the territory covered by "An Act increasing the area of homesteads in a portion of Nebraska," approved April twenty-eighth, nineteen hun- dred and four. Decisions Applicable to Timber Sale Contracts. The general rule is that when one enters into a contract with the Government, his obligation thereunder becomes fixed beyond the power of any Government official to modify its terms so as to relieve him of any of the burdens imposed upon him. (2 Sol. Op., 744, and cases there cited.) It seems, however, that the proper Government officials may, by acquiescence, waive the time limit in a contract by allowing the con- tractor to continue the work. In such cases all the other requirements of the contract govern the relations of the parties. (Same.) It seems also that the head of a department can waive penalties or forfeitures provided for in a contract in case of nonperformance within the time limit, when the Government suffers no damage by the delay; or if it suffers some damage less than the amount of the penalty or forfeiture, he may remit all above the actual damage which the Gov- ernment has suffered. (Same.) It seems further that in cases where the interests of the Government clearly so require, the head of a department may modify or abrogate a contract with or without the consent of the contractor. If done with- out the consent of the contractor and he suffers damage or loss thereby, he probably has a claim against the United States for the amount thereof. The officer modifying or abrogating a contract may or may not have power to settle the claim, depending upon the circumstances and the terms of the statute under which he is acting. (Same.) The Comptroller of the Treasury applies the foregoing general rules to timber sale contracts in the same manner and to the same extent as to other contracts with the Government. (See Comptroller's decision of Dec. 27, 1911, unpublished.) Where a raihoad right of way stipulation provides for payment for "merchantable" timber cut from the right of way, and expressly declares that "All timber down to the diameter of 4 inches shall be considered merchantable," the Secretary of Agriculture has no authority to modify the contract so as to require payment only for timber down to 6 inches in diameter. (2 Sol. Op., 744.) Where, before expiration of a timber sale contract, the purchasers notify the forestry officials that they have sold their saw mill and equipment, because the contract is unprofitable, and it appears that they have done no work under it for several months, the Government may treat the contract as abandoned, and sell the remaining timber to other parties; but there is no authority to cancel the old contract so as to relieve the purchasers thereunder from liability for damages thereunder in case any shall have been found to have been sustained by the United States. If, in such case, the Government sells the re- maining timber to others and receives from them the full price fixed in the original contract, then it could not collect such price from the orig- inal contractors. (2 Sol. Op., 758.) Upon certificate of the proper forest officer that no damage has been sustained by the Government through the abandonment of a timber sale contract, a refund may be made to the purchaser of any amounts paid by him and remaining in the hands of the Government, over and above what is due for timber actually taken and for such expenses as the Government may have incurred (Solicitor to his Assistant at Albuquerque, Oct. 3, 1912.) 62 NATIONAL FOEEST MANUAL LAWS. The decision in 28 Op. Atty. Gen., 12, is limited to the case actually- presented and decided, namely, that an executive officer may refrain from enforcing a contract when some action of the Government, in its soA-ereign capacity, has made it inequitable to do so, although the waiver may be prejudicial to its pecuniary interests. That decision can not be applied where the only ground for releasing the contractor is that the contract has become less profitable than he expected. (Let- ter of Attorney General to Secretary of Agriculture, dated June 10, 191L) It is illegal to include in a timber sale contract a clause providing for a reduction in stumpage price in consideration of the purchaser's reforesting portions of the sale area (Solicitor's letter of Nov. 20, 1911, to the Forester), or constructing fire lines (1 Sol. Op., 437). Timber which has been cut by the purchaser and not removed before the date fixed in clause 12 of timber sale Form 202, nevertheless belongs to the purchaser when he has paid the double stumping price pro- vided for by clause 14. He may, therefore, remove it from the forest after the date fixed in clause 12, but must do so in a reasonable time, and under the supervision and direction of the forest officers super- vising the sale. (2 Sol. Op., 83fi.) Secretary of Agriculture may sell insect-infested timber, which is a menace to the National Forest, from an unperfected mining claim thereon, even without the consent of the claimant (Lewis et al. v. Garlock, United States intervener, 168 Fed., 153). In view of the exigency created by the great forest fires of the summer and fall of 1910, and of the facts presented showing the rapid deterior- ation of fire-killed timber in the northern and northwestern States, the Secretary of Agriculture may permit the claimants to sell such timber from homestead and other claims and from unsurveyed or unclassified railroad sections, taking a bond, with adequate security, from the purchaser to protect the interest of the United States, as the same may ultimately appear. (Letter of the Attorney General to the Secretary of Agriculture dated Nov. 23, 1911.) It is understood that the foregoing opinion is limited to the situation created by the great fires of 1910, and is not to be applied generally, even to fire-killed timber, especially in regions where such timber does not rapidly deteriorate. (Solicitor to his Assistant at San Francisco, Jan. 22, 1912.) Note. — Prior to the receipt of the above-mentioned letter of the Attorney General, the Solicitor had rendered the decisions digested in the four paragraphs next following, which are still applicable, except as above stated. The Forest Service is not authorized to sell fire-killed timber upon homesteads, or to enter into an agreement with homesteaders to sell the timber to purchasers and deposit the proceeds in the Treasury to be refunded upon the patenting of the claim. (1 Sol. Op.. 327.) There is no authority to make an agreement permitting an assignee of the Northern Pacific Railroad Co. to cut over lands covered by an unperfected selection under the act of March 2, 1899 (30 Stat., 993). at his own risk, upon filing a bond to indemnify the Government should such selection fail (1 Sol. Op., 463). Neither the Northern Pacific Railroad Co. nor the Forest Service, nor the two acting together under agreement, can legally dispose of timber upon unsurveyed unclassified odd sections within the primary limits of the railroad grant. (1 Sol. Op., 327.) A mining claim properly marked upon the groimd is presumed to be valid until its validity is determined by the Interior Department in a proper proceeding and the Forest Service can not sell timber from such a claim merely because it appears to the Forest Service to be invalid. (1 Sol. Op., 181.) GRAZING. There are no statutes specifically relating to grazing upon the Na- tional Forests. The grazing regulations are based on the provision Pr vi i n ^° ^^^ ^^'* "^ "^"^^ ^' -^^^^ (^^ ^^^*-' ^^' ^^)' '^^i^^ ^^"'^^^ ''^^ follows: proTe*cTlo*n '^^'^ Secretary of the Interior shall make provisions for the protec- against fire, etc. tion against destruction by fire and depredations upon the public forests NATIONAL FOREST MANUAL— LAWS. 63 and forest reservations -which may have been set aside or which may be hereafter set aside under the said act of March third, eighteen hun- dred and ninety-one, and which maybe continued; and he may make Rules and regu- such rules and regulations and establish such service as will insure the ^ ^°°^' objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any y®°^25^p 166 Adolation of the provisions of this act or such rules and regulations ^° g^ g^". 5388, shall be punished as is provided for in the act of June fourth, eighteen p. io44.' hundred and eighty-eight, amending section fifty -three hundred and eighty-eight of the Revised Statutes of the United States. DECISIONS APPLICABLE TO GRAZING. The Secretary of Agricultiue has the authority to make a charge for the use of lands in a National Forest for grazing (United States v. Grimaud et al., 220 U. S., 506, 522). The usual grazing permit constitutes merely a license revocable at the discretion of the Secretary of Agriculture. (2 Sol. Op., 895.) A person who has secured a waiver of grazing privileges in his favor cannot rely on the prior issuance of a permit to the person from whom he purchased as creating an estoppel against the Government to cancel the permit, there being no mutuality between the Government and such transferee. (Same.) The Forest Service may collect the usual kidding or lambing charge for kidding or lambing on an unperfected mining claim within a National Forest where the claimant waives his right to exclusive pos- session under the mining laws. (2 Sol. Op., 865.) For decisions relating to grazing trespasses, see ' ' Trespass, grazing, ' ' post, p. 72. TRESPASSES. TIMBER TRESPASSES. Criminal Code op March 4, 1909 (36 Stat., 1088, 1098). Sec. 49. Whoever shall cut, or cause or procure to be cut, or shall Cutting and re- wantonly destroy, or cause to be wantonly destroyed, any timber ™°j^p^j° Up J^^g*^ growing on the public lards of the United States; or whoever shall re- move, or cause to be removed, any timber from said public lands, with intent to export or to dispose of the same; or whoever, being the owner, master, or consignee of any vessel, or the owner, director, or agent of any railroad, shall knowingly transport any timber so cut or removed from said lands, or lumber manufactured therefrom, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. Nothing in this section shall prevent any Rights of claini- miner or agriculturist from clearing his land in the ordinary working f^^g."" ^^ ^° of his mining claim, or in the preparation of his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber for the use of the United States. And nothing in this section shall interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands. Sec. 50. Whoever shall unlawfully cut, or aid in unlawfully cutting, Cutting timber or shall wantonly injure or destroy, or procure to be wantonly in'ured land"^ reserve or destroyed, any tree, growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same .shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. (As amended by act June 25, 1910, 36 Stat., 855, 857.) Sec. 51. Whoever shall cut, chip, chop, or box any tree upon any Boxing for tur- lands belonging to the United States, or upon any lands covered by ^^^ ^°^" or embraced in any unperfected settlement, application, filing, entry. 64 NATIONAL FOREST MANUAL LAWS. selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentinCj or other substance, or shall knowingly encourage, cause, procure, or aid in the cutting, chipping, chopping, or boxing of any such tree, or shall buy, trade for, or in any manner acquire any pitch, turpentine, or other substance, or any article or commodity made from any such pitch, turpentine, or other substance, when he has knowledge that the same has been so unlawfully obtained from such trees, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Act of June 4, 1897 (30 Stat., 11). Provisions for [35] The Secretary of the Interior shall make provisions for the pro- a^ins\ fire* etc ° taction against destruction by fire and depredations upon the public ' ' forests and forest reservations which may have been set aside or which may be hereafter set aside under the said act of March third, eighteen Rules and regu- hundred and ninety-one, and which may be continued; and he may lations. make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occu- pancy and use and to preserve the forests thereon from destruction; Penalty. and any violation of the provisions of this act or such rules and regula- R s*'*'sec^5388 tions shall be punished as is provided for in the act of June fourth, ' ' ' ' eighteen hundred and eighty-eight, amending section fifty-three hun- dred and eighty-eight of the Revised Statutes of the United States. Note. — The statutes referred to in the closing lines of the above act were both ex- pressly repealed by the revised criminal code of 1909. The amending act (25 Stat., 166) is, however, printed next below. Act of June 4, 1888 (25 Stat., 166). Penalty for tres- Section fifty- three hundred and eighty-eight of the Revised Statutes P^^- of the United States be amended so as to read as follows: "Every person who unlawfully cuts, or aids or is employed in unlawfully cutting, or wantonly destroys or procures to be wantonly^ destroyed, any timber standing upon the land of the United States which, in pursuance of law, may be reserved or purchased for military or other purposes, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under authority of the United States, shall pay a fine of not more than five hundred dollars or be imprisoned not more than twelve months, or both, in the discretion of the court." Act June 3, 1878 (20 Stat., 88). [This act applies only to unreserved land not within National Forests.] Timber in min- Sec. 1. All citizens of the United States and other persons, bona fide be^cuf '^"''^^ °^*^ residents of the State of Colorado, or Nevada, or either of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, authorized and permitted to fell and remove, 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 either of said States, Territories, or districts of which such citizens or persons may be at the time bona fide residents, Secretary of the subject to such rules and regulations as the Secretary of the Interior may Jlte'"'"^ *° '^^^"' prescribe for the protection of the timber and of the undergrowth grow- Not to extend ing upon such lands, and for other purposes: Provided, The provisions to railroads. of this act shall not extend to railroad corporations. [Note.— By virtue of power granted to the Secretary of the Interior under act of June 3, 1878 (20 Stat., 88), said Secretary provides, in his "rules and regulations governing the use of timber on the public mineral lands" (29 L. D., 571): Disposal of tops, "Sec. 9. Persons felling or removing timber under the provisions of this act must brush, and other utilize all of each tree cut that can be profitably used, and must dispose of the tops, refuse. brush, and other refuse in such manner as to prevent the spread of forest fires." Duty of land Sec. 2. It shall be the duty of the register and the receiver of any officers. local land office in whose district any mineral land may be situated to ascertain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized by this act, within their respective land districts; and, if so, they shall immedi- NATIONAL FOREST MANUAL LAWS. 65 ately notify the Commissioner of the General Land Office of that fact; and all necessary; expenses incurred in making such proper examina- tions shall be paid and allowed such register and receiver in making up their next quarterly accounts. [89] Sec. 3. Any person or persons who shall violate the provisions of this act, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months. Trespass. Penalty. Act March 3, 1891 (26 Stat., 1093), amending section 8 of tlie act to repeal the timber cul- ture laws. Sec. 8. * * * And in the States of Colorado, Montana. Idaho, Timber from North Dakota, and South Dakota, Wyoming, and the District of Alaska, f^^^^ timber and the gold and silver regions of Nevada and the Territory of Utah in any criminal prosecution or civil action by the United States for a tres- pass on such public timber lands or to recover timber or lumber cut thereon it shall be a defense if the defendant shall show that the said Defenses, timber was so cut or removed from the timberlands for use in such State or Territory by a resident thereof for agricultural, mining, manu- Agricultural, facturing, or domestic purposes under rules and regulations made and nuiuJig) etc., uses, prescribed by the Secretary of the Interior and has not been trans- ported out of the same, but nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain, provided that the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber except as may be prescribed by such rules and regulations, but this act shall not operate to repeal the act of June third, eighteen hundred and seventy-eight, providing for the cutting of timber on mineral lands. The above act was extended to New Mexico and Arizona by the amending act of February 13,1893 (27 Stat., 444), and to California, Oregon, and Washington by the amending act of March 3, 1901 (31 Stat., 1436). fire trespasses. Criminal Code of March 4, 1909 (36 Stat., 1088, 1098, and 1099). Sec. 52. WTioever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other in- flammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. Sec. 53. WTioever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain, or upon any In- dian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Gov- ernment, or while the same shall remain inalienable by the allottee without the consent of the United States, shall before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. (As amended by Act June 25, 1910, 36 Stat., 855, 857.) Sec. 54. In all cases arising under the two preceding sections the fines collected shall be paid into the public school fund of the county in which the lands where the offense was committed are situated . Setting fires. Same. Fines go school fund. UNLAWFUL FENCING. Act of Feb. 25, 1885 (23 Stat., 321), to prevent unlawful occupancy of the public lands. Sec. 1. That all inclosures of any public lands in any State or Terri- ^"'?'°f."''® • °' tory of the United States, heretofore or to be hereafter made, erected, out daim foTbid- or constructed by any person, party, association, or corporation, to den. any of which land included within the inclosure the person, party, 66777 °— 13 5 66 NATIONAL FOREST MANUAL LAWS. association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are hereby declared to be unlawful, and the maintenance, erection, construction, Assertion of ex- or control of any such inclosure is hereby forbidden and prohibited; elusive right. ^^^ ^^le assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and hereby prohibited.' Ciyilsiiit. Affi- Sec. 2. That it shall be the duty of the district attorney of the United zen ''^^°y*'"'" States for the proper district, on affidavit filed with him by any citizen of the United States that section one of this act is being violated, show- ing a description of the land inclosed with reasonable certainty, not necessarily by metes and bounds nor by governmental subdivisions of surveyed lands, but only so that the inclosure may be identified, and the persons guilty of the violation, as nearly as may be, and by descrip- tion, if the name can not on reasonable inquiry be ascertained, to insti- tute a civil suit in the proper United States district or circuit court, or Territorial district court, in the name of the United States, and against the j5arties named or described who shall be in charge of or controlling the inclosure complained of as defendants; and jurisdiction is also hereby conferred^ on any United States district or circuit court, or Ter- ritorial district court, having jurisdiction over the locality where the land inclosed, or any part thereof, shall be situated, to hear and deter- Injimction. mine proceedings in equity, by writ of injunction, to restrain violations of the provisions of this act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employee having charge or control of the inclosure; and any suit brought under the provisions of this section shall have precedence for hearing and trial over other cases on the civil docket of the court, and shall be tried and determined at the earliest practicable Summary de- day. In any case, if the inclosure shall be found to be unlawful, the s rue ion. court shall make the proper order, judgment, or decree for the destruc- tion of the inclosure, in a summary way, unless the inclosure shall be removed by the defendant within five days after the order of the court. Obstniction of Sec. 3. That no person, by force, threats, intimidation, or by any or pE^sage™for- fencing or inclosing, or any other unlawful means, shall prevent or ob- bidden. struct, or shall combine and confederate with others to prevent or ob- struct, any person from peaceably entering upon or establishing a set- tlement or residence on any tract of public land subject to settlement or entry under the public lands laws of the United States, or shall pre- vent or obstruct free passage or transit over or through the public lands: Provided, This section shall not be held to affect the right or title of persons who have gone upon, improved, or occupied said lands under the land laws of the United States, claiming title thereto, in good faith. Criminal aetion. Sec. 4. That any person violating any of the j)rovisions hereof, Penalty. whether as owner, part owner, agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor, and fined in a sum not exceeding one thousand dollars or be imprisoned not exceeding one vear, or both, for each offense. (As amended by act Mar. 10, 1908 (SS'Stat., 40).) 1 It is unlawful under this act for persons who have acquired the right to use railroad odd sections to construct a fence located entirely on the odd sections, but in such a man- ner as to inclose with the odd sections some of the even sections belonging to the Govern- ment. (Camfield v. United States, 167 U.S., 538.) In this case the court relied upon the maxim that one must use his own so as not to injure another; and as this gave rise to the suggestion that the result would involve the exercise by the United States of police power within a State, the court said, " We do not think the admission of a Territory as a State deprives it (Congress) of the power of legislating for the protection of the public lands, though it may thereby involve the exercise of what is ordinarily known as the police power, so long as such power is directed solely to its own protection. A different rule would place the public domain of the United States completely at the mercy of State legislation." NATIONAL FOREST MANUAL — LAWS. 67 Sec. 5. That the President is hereby authorized to take such meas- President may ures as shall be necessary to remove and destroy any unlawful inclosure Jo™e7^ of any of said lands, and to employ civil or military force as may be necessary for that purpose. Sec. 6. That where the alleged imlawful inclosure includes less than inclosures of one hundred and sixty acres of land, no suit shall be brought under the ^^(f^^gg '^^^ ^" provisions of this act without authority from the Secretary of the Inte- rior. Sec. 7. That nothing herein shall affect any pending suits to work Pending suits their discontinuance, but as to them hereafter they shall be prosecuted °°* affected. and determined under the provisions of this act. MISCELLANEOUS TRESPASSES AND OTHER OFFENSES AGAINST THE UNITED STATES. Act of June 8, 1906 (34 Stat., 225), for the preservation of American antiquities. Any person who shall appropriate, excavate, injure, or destroy any Destruction of historic or prehistoric ruin or monument, or any object of antiquity, historic and pre- situated on lands owned or controlled by the Government of the United ment™and™uins States, without the permission of the Secretary of the Department of prohibited, the Government having jurisdiction over the lands on which said antiq- uities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than Penalty, ninety days, or shall suffer both fine and imprisonment, in the discre- tion of the court. The remainder of the foregoing act, authorizing the establishment of national mon- uments, is printed ante, page 12. Criminal Code of March 4, 1909. Sec. 84. Whoever shall hunt, trap, capture, willfully disturb, or Hunting, etc., kill any bird of any kind whatever, or take the eggs of any such bird, on bird refuges, on any lands of the United States which have been set apart or reserved as breeding grounds for birds by any law, proclamation, or executive order, except under such rules and regulations as the Secretary of Agri- culture may, from time to time, prescribe, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. (The foregoing section seems to be a codification of the act of June 28, 1906 (34 Stat., 536). That act, however, is not specifically repealed, and it contains the following proviso: "Provided, That the provisions of this act shall not apply to the Black Hills Forest Reservation, in South Dakota.") Act of Jan. 24, 1905 (33 Stat., 614); act of June 29, 1906 (34 Stat.. 607). The foregoing acts, which authorize the establishment of the Wichita game and bird refuge and the Grand Canyon game refuge contain penal provisions substantially the same as in section 84, supra. Sec. 55. Whoever, except forest rangers and other persons employed Trespass ou by the United States to protect the forest. Federal and State officers Bull Run Forest. in the discharge of their duties, and the employees of the water board of the city of Portland, State of Oregon, shall knowingly trespass upon any part of the reserve known as Bull Run National Forest, in the Cas- cade Mountains, in the State of Oregon, or shall enter thereon for the purpose of grazing stock, or shall engage in grazing stock thereon, or shall permit stock of any kind to graze uiereon, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. Sec. 56. Whoever shall knowingly and unlawfully break, open or Breaking inclo- destroy any gate, fence, hedge, or wall inclosing any lands of the United ^"'■^^• States which, in pursuance of any law, have been reserved or purchased by the United States for any public use; or whoever shall drive any cattle, horses, hogs, or other live stock upon any such lands for the pur- pose of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or whoever shall kno^vingly permit his Permitting cattle, horses, hogs, or other live stock, to enter through any such stock to trespass, inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other live stock may or can destroy the grass or trees or other property of the United States on the said lands, shall be fined not 68 NATIONAL FOREST MANUAL LAWS. more than five hundred dollars, or imprisoned not more than one year, or both: Provided, That nothing in this section shall be construed to apply to unreserved public lands. False persona- Sec. 32. Whoever, with intent to defraud either the United States tion, etc. or a,ny person, shall falsely assume or pretend to be an officer or employee acting under the authority of the United States or any department, or any officer of the Government thereof, and shall take upon himself to act as such, or shall in such pretended character demand or obtain from any person or from the United States, or any department, or any officer of the Government thereof, any money, paper, document, or other valu- able thing, shall be fined not more than one thousand dollars, or impris- oned not more than three years, or both. TT^t'd^lt^f °^ ^^^- '^'^- Whoever shall rob another of any kind or description of prSlrty personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than five thou- sand dollars, or imprisoned not more than ten years, or both. Embezzlement, Sec. 47. Whoever shall embezzle, steal, or purloin any money, prop- theft, etc. erty, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than fi^•e years, or both. Receivirg sto- Sec. 48. Whoever shall receive, conceal, or aid in concealing, or len property. shall have or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or pur- loined by any other person, knowing the same to have been so embez- zled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both; and such per- son may be med either before or after the conviction of the principal offender. Destroying gEc. 57. Whoever shall willfully destroy, deface, change, or remove vey comers, etc. ' ^^ another place any section corner, quarter-section corner, or meander post, on any Government line of survey, or shall willfully cut down any witness tree or any tree blazed to mark the line of a Government survey, or shall willfully deface, change, or remove any monument or bench mark of any Government survey, shall be fined not more than two hundred and fifty dollars, or imprisoned not more than six months, or both. Malicious de- Sec. 60. Whoever shall willfully or maliciously injure or destroy any United 's t'ates '^^ ^^^ works, property, or material of any telegraph, telephone, or cable property, etc. line, or system, operated or controlled by the United States, whether constructed or in process of construction,' or shall willfully or maliciously interfere in any way with the working or use of any such line, or sys- tem, or shall willfully or maliciously obstruct, hinder, or delay the transmission of any communication over any such line, or system, shall be fined not more than one thousand dollars, or imprisoned not more than three years, or both. Perjury. Sec. 125. Whoever, having taken an oath before a competent tri- bunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, de- clare, depo.se, or certify truly, or that any written testimony, declara- tion, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. PROCEDURE. Act of February 6, 1905 (33 Stat., 700), for the protection of the public forest leserves and national parks of the United States. =t\,ffi™rc''^ ^°'^' -^^^ persons employed in the forest reserve and national park service of the United States shall have authority to make arrests for the viola- tion of the laws and regulations relating to the forest reserves and national parks, and any person so arrested shall be taken before the nearest United States commissioner, within whose jurisdiction the reservation or national park is located, for trial; and upon sworn infor- fst officers. NATIONAL FOREST MANUAL LAWS. 69 mation by any competent person any United States commissioner m the proper jurisdiction shall issue process for the arrest of any person charged with the viol?tion of said laws and regulations; but nothing herein coTitained shall be construed as preventing the arrest by any officer of the United States, without process, of any person taken m the act of violating said laws and regulations. United States Revised Statutes. Sec. 183. Any officer or clerk of any of the Departments lawfully Officers, etc., detailed to investigate frauds or attempts to defraud on the Govern- ^'^^j, a^n^'nister raent, or any irregularity or misconduct of any officer or agent of the ITnited States, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. decisions relating to trespasses. Cutting of Timber. in general. By a modification of the earlier doctrine of equity, injimction will now lie to prevent irremediable mischief to the substance of the estate as by the mining of ores or the cutting of trees by one in possession of lands while the title is in litigation. (Erhardti'. Boaro, 113 U. S., 537.) Where one has unlawfully cut timber from lands of the United States it is no defence that he acted in accordance with a general custom in the locality, known to the general land office, of entering lands and cutting the timber before patent issued. (Teller v. United States (C. C. A.), 113 Fed., 273.) An instruction to the jury that if defendant entered upon public land knowing it to be such, without having complied with the provi- sions of law giving him a right to do so, and cut timber therefrom, they would be authorized to find the requisite criminal intent, fairly states the law, and is as favorable as the defendant is entitled to. (Teller v. United States (0. C. A.), 113 Fed., 273.) FROM PUBLIC MINERAL LANDS. « The act June 3, 1878 (20 Stat., 88), seems to apply only in the States and Territories specifically mentioned therein. (United States v. Smith, 11 Fed., 487; United States v. Benjamin, 21 Fed., 285; United States V. English, 107 Fed., 867.) The right to cut timber under this act extends only to lands valuable for minerals and not to lands adjacent thereto, or lying in a recognized mineral region, but not themselves valuable for their minerals. (United States V. Plowman, 216 U. S., 327.) The cutting of timber from mineral lands for roasting of ores is author- ized by the act of 1878, whether this process be considered a part of the mining or as smelting. In either event the use is for "domestic purposes." (United States v. United Verde Copper Co., 196U. S., 207.) One who cuts timber from public mineral lands and sells the same, or the lumber manufactured therefrom, without taking from the pur- chaser a written statement of the purposes for which the same is in- tended to be used, as required by the regulations of the Secretary of the Interior, is guilty of a violation of the statute. (United States v. Redes, 69 Fed., 965.) The act of 1878 (20 Stat., 88) and the act of March 3, 1891 (26 Stat., 1093), have been construed by the land department as having prac- tically the same scope and purpose, the one applying only to mineral and the other only to nonmineral lands. Held, therefore, on the authority of United States v. United Verde Copper Co., supra, that the latter statute authorizes the use of timber for smelting purposes. (34 L. D., 78.) 70 NATIONAL FOREST MANUAL LAWS. FROM HOMESTEAD CLAIMS. The settler upon a honaestead claim may cut such timber as is necessary to clear the land for cultivation or to build him a house, outbuildings, and fences, and, perhaps, as indicated in the charge of the coiu't below, to exchange such timber for lumber to be de- voted to the same purposes, but not to sell the same for money, except so as the timber may have been cut for the purpose of cultiva- tion. While, as was claimed in this case, such money might be used to build, enlarge, or finish a house, the toleration of such practice would open the door to manifold abuses, and be made an excuse for stripping the land of its valuable timber. One man might be content with a house worth $100, while another might, under the guise of using the proceeds of the timber for improvements, erect a house worth sev- eral thousands. A reasonable construction of the statute — a construc- tion consonant both with the protection of the property of the Gov- ernment in the land and the rights of the settler — we think restricts him to the timber actually cut or the lumber exchanged for such timber and used for his improvements, and to such as is necessarily cut in clearing the land for cultivation. (Shiver v. United States, 159 U. S., 491, 498; see also, United States v. Cook, 19 Wall., 591; Conway V. United States (C. C. A.), 95 Fed., 615.) The cutting and removal of timber from a homestead claim must be for a legitimate purpose, having some connection with the cultivation and improvement of the land, l)ut it is eiTor to instruct the jury that the timber could only be cut '"in pursuance of a definite plan that the plow should follow the ax," and that if the timber was cut from lands ''not put in cultivation, and not to be put immediatelj^ into cultiva- tion, then the law presumes that they intended to violate the law." (Grubbs7). United States (C. C. A.), 105 Fed., 314.) _ After final proof and the issuance of final certificate, homestead entrymen may cut and remove timber from theii' claims for any pur- pose. (1 Sol. Op., 327.) PROM MINING CLAIMS. An occupant of a mineral claim, who has applied for patent, has no right to cut and sell the timber thereon before payment of the Govern- ment price and issuance of final certificate, and a license from him to so cut the timber is no protection to the licensee. (Teller v. United States (C. C. A.), 113 Fed., 273; see also United States v. Nelson, 5 Sawyer, 68.) When, however, the timber on a mining claim in a national forest is infested with insects so as to be a menace to the young and gi'owing trees, the Government, having the paramount title, may, through the Forest Service, sell and dispose of such timber, even without the con- sent of the claimant. (Lewis et al. v. Garlock (United States, inter- vener), 168 Fed., 153.) FROM RAILROAD LANDS. The grant to the Northern Pacific Railroad Co. vested in the grantee a present title to the odd sections on the definite location of the road, but the Government makes its own surveys, and until survey by the Government the United States retains at least a special property in all the timber in the township and may recover for timber cut by the company or its gi-antees notwithstanding a survey made by the com- pany shows the land cut over to be an odd section. Such a survey is inadmissible as evidence that the land is part of an odd section. (United States V. Montana Lumber Co., 196 U. S., 573.) The mineral return of the Surveyor General under the grant to the Central Pacific Railroad Co., of July 1, 1862, and July 2, 1864, is merely prima facie evidence of the mineral character of the land, which may be inquired into by the Department of the Interior at any time before patent. (2 Sol. Op., 897.) The Department of Agriculture is not authorized to handle the sale of timber cut in trespass upon lands within the primary limits of the Northern Pacific Raikoad grant, even though such lands lie within the exterior limits of a National Forest. (1 Sol. Op., 541.) NATIONAL FOREST MANUAL LAWS. * 71 FROM LIEU SELECTION. Prior to the approval of a selection under the indemnity school and university land grants title in the land remains in the United States and no one has a right to go upon the land and cut the timber there- from. (1 Sol. Op., 468.) DAMAGES— INNOCENT AND WILLFUL TRESPASSES. One innocently purchasing timber unlawfully and willfully cut from Government lands and transported to market by his vendor is liable for its value at the time and place of his purchase without any deduc- tion for value added by the acts of the willful trespasser. (Wooden- ware Co. V. United States, 106 U. S., 432.) In a case of innocent trespass the measure of damages is the value of the timber after it was cut at the time and place where it was cut. (United States v. St. Anthony R. R. Co., 192 U. S., 524; 1 Sol. Op., 298; 40 L. D., 518, 525.) In a letter of instructions to the United States attorney at Helena, Mont., dated September 7, 1910, the Acting Attorney General, after reviewing the authorities and discussing the conflicting cases, says: "After a somewhat careful examination of the authorities cited and many others, the department is of the opinion that, where timber has been inadvertently cut from the public lands, (1) the timber imme- diately after felling becomes the personal property of the United States (Sampson v. Hammond, 4 Cal., 184); (2) an action of trover will lie for its conversion (Sampson v. Hammond, supra; White v. Yawkey, 108 Ala., 270, 275); (3) the value of the property when first taken is the measure of damages recoverable (Woodenware case, 106 U. S., 432, 434); and (4) the value of the property when first taken, within the meaning of the Woodenware case, is its value immediately when it takes the form of personal property — i. e., immediately after severance from the freehold {White v. Yawkey, 108 Ala., 270, 274, 275)." In Pine River Logging Co. v. United States (186 U. S., 279, 293) the doctrine of the Woodenware case as to willful trespasses is stated to be that "if the trespass be willfully committed the trespasser can obtain no credit for the labor expended upon it, and is liable for its full value when seized;" and this rule was applied in the case under considera- tion, the parties in the possession of the timber at that time being found to have participated in the trespass. ^Vhere timber is cut upon public land by one who knows that the land belongs to the Government, or who has no reasonable ground to believe that it belongs to himself or to some one under whom he claims, the trespass is a willful one. (Bly v. United States, Fed. case No. 1581, 4 Dill., 464.) In actions of trespass where the injury has been wanton and mali- cious or gross and outrageous, courts permit juries to add to the meas- ured compensation of the plaintiff, which he would have been entitled to recover had the injury been inflicted without design or intention, something further by way of punishment or example, which has some- times been called "smart money." (Day v. Woodworth, 13 How., 362, 371; see also Barry v. Edmunds, 116 U. S., 550.) Where the defendant admits the cutting and removal of timber from public lands, the Government is entitled to at least nominal damages, m the absence of direct evidence of the value of the standing trees. (United States v. Mock, 149 U. S., 273; see also United States v. Tay- lor, 35 Fed., 484.) In trover for crude turpentine unlawfully but not willfully taken from pine trees, the measure of damages is its value at the time of conversion with interest. (Quitman Naval Stores Co. v. Conway, 58 So. Rep., 840; Solicitor to his Assistant at Albuquerque, Dec. 26, 1912.) Fire Trespasses. In United States v. Henry Clay (unreported), Southern District of California, the defendant was indicted under section 52, of the Criminal Code, and the jury were charged by Judge Wellborn in part as follows: 72 4 NATIONAL FOREST MANUAL LAWS. "It is immaterial whether the fire * * * originated on private land if it was set willfully and if in the course of nature and in view of all the surroundings the said fire would reasonably be expected to be communicated to the public domain. A man has no lawful right to set fire to his own property if he has reason to believe or intends that Buch fire will be communicated to the property of others and destroy it. " In an action by the United States against a railroad company to recover for loss of timber alleged to have been biirned through defend- ant's negligence in permitting inflammable material to accumulate on its right of way, in which fire was started from an engine and spread into the timber on a forest reservation, a letter written by a forest inspector to the secretary of defendant some time before the fire, inclosing a report from a ranger as to the dangerous condition oi the right of way, and asking that it be remedied, was not inadmissible as a self-serving declaration, but was properly admitted to show actual notice to defendant of the condition referred to therein, the fact being otherwise proved. (Corvallis & E. R. Co. v. United States, 191 Fed. Rept., 310.) On an issue as to the condition of a locomotive alleged to have caused a fire on defendant's right of way because of its defective condition which permitted the escape of fire and sparks, the admission in evidence of the testimony of the fireman of defendant's machine shop as to the condition of the engine, both before the fire and after its return from the trip on which the fire occurred, the purpose being to show its con- dition before and at the time of the fire, was not prejudicial error. (Same.) (Liability of railroads for injuries by fire as affected by management of locomotives, see note to Woodward v. Chicago, M. & St. P. Ry. Co., 75C. A. C, 598.) Injunction will lie to prevent the accumulation of inflammable material upon a railroad right of way within the National Forests when such accumulation is shown to be dangerous to the forests. (1 Sol. Op., 300, 52G.) There is no authority in the department to make settlement with the Great Northern Railway Co. of a fire trespass, by which the company shall pay at once for all timber destroyed or damaged, with an agree- ment that any money received from the sale of damaged timber to a thii'd party, less costs of the sale, shall be paid over to the company. (1 Sol. Op., 496.) It is not the duty of forest officers to dii-ectly prosecute in a State court a person accused of violating a State statute by setting out a fire which spread to National Forest lands. In such case they would per- form theii- full duty by calling the attention ot the proper State oflficers to the alleged criminal offense, suggesting action and offering to aid in all proper ways. (2 Sol. Op., 693.) The acquittal of a fire trespasser in a State court is no bar to his pros- ecution in a United States court for a violation of the Federal laws arising out of the same acts. (Solicitor to his Assistant at Denver- Sept. 10, 1912.) The Government is entitled to recover for damage to reproduction (United States v. Corvallis & Eastern R. R. Co., 191 Fed.. 310; United States V. N._ P. R. R. Co., Dec. 2, 1911, in United States District Court, Western District of Washington, and case of United States v. C. O. Bailey, receiver for Mo. Pac. Ry. Co. and Title Guarantee Surety Co., in United States District Coiirt for South Dakota, Sept. 7, 1910), the verdicts in which cases include such damage. Grazing Trespasses. [United States v. Grimaud et al., 220 U. S., 506, syllabus.] Under the acts establishing forest reservations, their use for grazing or other lawful purposes is subject to rules and regulations established by the Secretary of Agriculture, and it being impracticable for Congress to provide general regulations, that body acted within its constitutional power in conferring power on the Secretary to establish such rules; the power so conferred being administrative and not legislative, is not an unconstitutional delegation. NATIONAL FOREST MANUAL LAWS. 73 While it is difficult to define the line which separates legislative power to make laws and administrative authority to make regulations, Con- gress may delegate power to fill up details where it has indicated its will in the statute, and it may make violations of such regulations punishable as indicated in the statute; and so held that regulations made by the Secretary of Agriculture as to grazing sheep on forest reserves have the force of law and that violations thereof are punish- able, under act of June 4, 1897, chapter 2 (30 Stat., 35), as prescribed in section 5388, Revised Statutes. Congress can not delegate legislative power (Field v. Clark, 143 U. S., 692), but the authority to make administrative rules is not a delegation of legislative power, and such rules do not become legisla- tion because violations thereof are punished as public offenses. Even if there is no express act of Congess making it unlawful to graze sheep or cattle on a forest reserve, when Congress expressly provides that such reserves can only be used for lawful purposes subject to regu- lations and makes a violation of such regulations an offense, any exist- ing implied license to graze is curtailed and qualified by Congress: and one violating the regulations when promulgated makes an unlawful use of the Government's property and becomes subject to the penalty imposed. A provision in an act of Congress as to the use made of moneys received from Government property clearly indicates an authority to the executive officer authorized by statute to make regulations regarding the property to impose a charge for its use. Where the penalty for violations of regulations to be made by an executive officer is prescribed by statute, the violation is not made a crime by such officer but by Congress, and Congress and not such officer fixes the penalty, nor is the offense against such officer, but against the United States. (Same.) [Light V. United States, 220 U. S., 523, syllabus.] Congress may authorize an executive officer to make rules and regu- lations as to the use, occupancy, and preservation of forests and such authority so granted is not unconstitutional as a delegation of legis- lative power. (Following United States v. Grimaud, 220 U. S., 506.) At common law the owner was responsible for damage done by his live stock on land of thu'd parties, but the United States has tacitly suffered its public domain to be used for cattle so long as such tacit consent was not canceled, but no vested rights have been conferred on any person, nor has the United States been deprived of the power of recalling such implied license. While the full scope of section 3, Article IV, of the Constitution has never been definitely settled it is primarily a grant of power to the United States of control over its property (Kansas v. Colorado, 206 U. S., 89); this control is exercised by Congress to the same extent that an individual can control his property. It is for Congress and not for the courts to determine how the public lands shall be administered. Congress has power to set apart portions of the public domain and establish them as forest reserves and to prohibit the grazing of cattle thereon or permit it subject to rules and regulations. Fence laws may condone trespasses by straying cattle where the laws have not been complied with, but they do not authorize wanton or willful trespass, nor do they afford immunity to those willfully turning cattle loose under circumstances showing that they were intended to graze upon the lands of another. Where cattle are turned loose under circumstances showing that the owner expects and intends that they shall go upon a reserve to graze thereon, for which he has no permit and he declines to apply for one, and threatens to resist efforts to have the cattle removed and contends that he has a right to have his cattle go on the reservation, equity has jurisdiction, and such owner can be enjoined at the instance of the Government, whether the land has been fenced or not. Quaere, and not decided, whether the United States is required to fence property under laws of the State in which the property is located. 74 NATIONAL FOEEST MANtJAL — LAWS. This court will, so far as it can, decide cases before it without refer- ence to questions arising under the Federal Constitution. (Siler v. Louisville & Nash. R. R., 213 U. S., 175.) [Shannon v. United States (C. C. A. Ninth Circuit), 160 Fed., 870.] '\\Tiere defendant drove large bands of cattle into a 320-acre pasture which was inclosed on three sides, but open on the side toward a public forest reserve, knowing that there was no water in the pasture, and that it was insufficient to sustain the cattle, and that they must of neces- sity drift onto the reserve for pasture and water, defendant could not claim freedom from responsibility for the cattle trespassing on the reserve because he at no time drove them there and because the reserve was not inclosed. The creation of a forest reserve severs the reserved land from the public domain and appropriates it to public use, so that it is no longer subject to the implied license to pasture on public lands. The rules promulgated by the Secretary of the Interior regulating the number of cattle and other live stock that may be pastured on a forest reserve, and the manner in which the owners may obtain permis- sion to use the reservation for that purpose, are reasonable and within the power granted by act of Congress of June 4, 1897, chapter 2 (30 Stat., 34 U. S. Comp. St. 1901, p. 1542), giving the Secretary of the Interior power to make rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occupancy aud use and to preserve the forests from destruction. The Federal Constitution delegates to Congress the general power, absolutely and without limitation, to dispose of and make all needful rules and regulations concerning the public domain independent of the locality of the land, whether situated in a State or Territory, the exer- cise of which power can not be restricted in any degree by State legis- lation . Congress had no power to relinquish any of its jurisdiction over the public domain by a compact with the state of Montana on admission of the State into the Union, nor had the State any power to reserve any such control. Public lands in the State of Montana were not subject to the stock and fence laws of the State, which were applicable only to lands sub- ject to the State's dominion. Where the United States brought suit to restrain the trespass of defend- ant's cattle on a forest reserve, the fact that in such suit it acted in its proprietary capacity and was subject to the ordinary rules of pleading, practice, and laws applicable to the case did not operate as a waiver of any of its sovereign rights to the land sought to be protected. It was no defense to an injunction restraining defendant's use of a United States forest reserve as a pasture that its issuance would impose a grievous burden on him to restrain the cattle in his adjoining close, it also appearing that he could relieve himself of such burden by restor- ing a fence on one side thereof. Substantially to the same effect as the foregoing was the earlier de- cision in Dastervignes v. United States, by the Circuit Court of Appeals for the Ninth Circuit (122 Fed., 30). _ The two following paragraphs of the syllabus of that case are of additional interest: A bill filed by the United States to enjoin the pasturage of sheep in a forest reservation, in violation of the regulations prescribed by the Secretary of the Interior, alleged that the sheep pastured within the reservation were committing great and irreparable injury to the public lands therein and to the undergrowth, timber, and water supply. Affi- davits filed in support of such allegations recited that the sheep of defendants destroyed undergrowth, young and growing trees and seed- lings, and ate and destroyed the roots of the vegetation and grasses, leaving the ground bare and subject to disastrous washings by the rains, to the irreparable injury of the reservation. Held, that such allegation and showing constituted a sufficient ground for the granting of a prelimi- nary injunction. A bill by the United States against a number of defendants, to enjoin them from pasturing sheep in a forest reservation, is not subject to the NATIOISTAL FOREST MANUAL — LAWS. 75 objection of misjoinder and multifariousness where it alleges that defendants are pasturing two bands of sheep in the reservation and contains no averments which show or indicate any separate or distinct rights or different interests as between the several defendants. An action of trespass is not maintainable as against one grazing unper- mitted stock on private land, the exclusive use of which has been waived by the owner, there being no authority in this department to administer other than National Forest land. (1 Sol. Op., 544.) Miscellaneous Trespasses and Other Offenses Against the United States. A homestead entryman does not have the right to remove sand and gravel from the land embraced in his unperfected entry for the purpose of sale. (Litch v. Scott, 40 L. D., 467.) Persons obstructing either ingress or egress to a National Forest over trails constructed by the department, even over lands lying outside the National Forests, may be proceeded against in trespass and by proceed- ings for the removal of their fences and other obstructions. (1 Sol. Op., 482.) The willful and malicious cutting of Forest Service telephone lines is punishable under section 60 of the Criminal Code of March 4, 1909, and regulation 81 of the Use Book of 1908. (1 Sol. Op., 283.) Forest officers are authorized under the act of February 6, 1905, to make arrests for depredations on national monuments within National Forests. (2 Sol. Op., 670.) _ Persons injuring or defacing the Oregon Caves, which have been reserved as a national monument, may be prosecuted under the criminal provisions of the national monument act. (2 Sol. Op., 670.) An affidavit of settlement, made by an applicant to enter agricul- tural lands within a forest reserve, under the act of June 11, 1906, as required by the Commissioner of the General Land Office, was one taken in a case in which a law of the United States authorizes an oath to be administered, as provided by section 5392, Revised Statutes, and was therefore a proper subject for prosecution for perjury. (United States V. Nelson, 199 Fed., 464.) FISCAL MANAGEMENT AND APPROPRIATIONS. Agricultural appropriation act of May 20, 1910 (.30 Stat., 410.) [440] The Secretary of Agriculture for the fiscal year nineteen hun- Annual esti- dred and twelve, and annually thereafter, shall transmit to the Secre- ^'^^^^' ^'^<'- tary of the Treasury for submission to Congress in the Book of Estimates detailed estimates for all executive officers, clerks and employees below the grade of clerk, indicating the salary or compensation of each, neces- sary to be employed by the various bureaus, offices, and divisions of the Department of Agriculture. The agricultural appropriation act of March 4, 1911 (36 Stat., 1235. 1264) repeals the pro- vision of the appropriation act of March 4, 1907 (34 Stat., 1256, 1270), requiring the sub- mission to Congress of classified reports of the receipts and expenditures of the Forest Service. Agricultural appropriation act of May 23, 1908 (34 Stat., 251). [260] That hereafter twenty-five per centum of all money received 25 per c^t of from each forest reserve during any fiscal year, including the year end- anTTerritorie^!'^'' ing June thirtieth, nineteen hundred and eight, shall be paid at the end thereof by the Secretary of the Treasury to the State or Territory in which said reserve is situated, to be expended as the State or Territorial legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the forest reserve is situated : Provided, That when any forest reserve is in more than one State or Territory or county the distributive share to each from the proceeds of said reserve shall be proportional to its area therein. 76 ■ NATIONAL FOREST MANUAL LAWS. Agricultural appropriation act of June 30, 1906 (34 Stat., 669). contributions* 'r ^'^^^i'' * * * aiid hereafter all moneys received as contributions constitute a spe° toward cooperative work in forest investigations shall be covered into cialfund. the Treasury and shall constitute a special fund, which is hereby appropriated and made available until expended, as the Secretary of Agriculture may direct, for the payment of the expenses of said investi- Refundstocon-gations by the Forest Service and for refunds to the contributors of CHDutors. amounts heretofore or hereafter paid in by them in excess of their share of the cost of said investigations. Agricultural appropriation act of May 23, 1908 (34 Stat., 251). Advances to [259]* * * and hereafter advances of money under any appropria- flghting^flre^. ""^ ^^^^^ ^'^^ ^^^ Forest Service may be made to the Forest Service and by authority of the Secretary of Agriculture to chiefs of field parties for fighting forest fires in emergency cases, who shall give bond under such rules and regulations and in such sum as the Secretary of Agriculture may direct, and detailed accounts arising vmder such advances shall be rendered through and by the Department of Agriculture to the Treas- ury Department. Agricultural appropriation act of March 4, 1911 (36 Stat., 1235). TraveUng ex- [1265] That hereafter officers and employees of the Department of penses. Agriculture transferred from one official station to another for perma- nent duty, when authorized by the Secretary of Agriculture, may be allowed actxial traveliifig expenses, including charges for the transfer Transportation of their effects and personal property used in official work, under such of effects. rules and regulations as may be prescribed by the Secretary of Agri- culture. AgricuJtiiral appropriation act of August 10, 1912 (37 Stat., 269). Traveling ex- That hereafter, when officials and employees of the Department of penses. Agriculture are traveling on official business in the United States, they may be allowed necessary railroad and steamboat fares, sleeping berth, and stateroom on steamboats, livery hire and stage fare, and other means of conveyance between points not accessil)le by railroad, but in lieu of subsistence and all other traveling expenses they may receive a per Per diem fixed diem allowance, to be fixed by the Secretary in each case, in addition by Secretary. to their regular salaries, subject to such rules and regulations as the Secretary of Agriculture may prescribe. Street-car fares. That hereafter officials and employees of the Department of Agricul- ture may, when authorized by the Secretary of Agriculture, receive reimbursement for moneys expended for street-car fares at their official headquarters when expended in the transaction of official l:)usiness. Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). Forest revenues [1270] That all money received after July first, nineteen hundred Treasury. '" ° and seven, by or on account of the Forest Service for timl)er, or from any other source of forest reservation reveniie, shall be covered into the Ti'easury of the United States as a miscellaneous receipt and there is hereby appropriated and made available as the Secretary of Agricul- ture may direct out of any funds in the Treasury not otherwise appro- Refunds, priated, so much as may be necessarjr to make refiuids to depositors of money heretofore or hereafter deposited by them to seciu'e the pur- chase price on the sale of any products or for the use of any land or resources of the national forests in excess of amounts found actually due from them to the United States. Agricultural appropriation act of March 4, 1911 (36 Stat., 1235). Refund amend- [1253] That so much of an act entitled "An act making appropria- '"'■" ■ tions for the Department of Agriculture for the fiscal year ending June thhtieth, nineteen hundred and eight," approved March fourth, nine- teen hundred and seven (Thirty-fourth Statutes at Large, pages twelve hundred and fifty-six and twelve hundred and seventy), which pro- vides for refunds by the Secretary of Agriculture to depositors of moneys NATIONAL FOREST MANUAL LAWS. 77 to secure the purchase price of timber or the use of lands or resources of the National Forests such sums as may be found to be in excess of the amounts found actually due the United States, be, and is hereby, amended hereafter to appropriate and to include so much as may be necessary to refund or pay over to the rightful claimants such sums as may he found liy the Secretary of Agriculture to have been erroneously collected for the use of any lands, or for timber or other resources sold from lands located within, but not a part of, the national forests, or for alleged illegal acts done upon such lands, which acts are subsequently found to have been proper and legal; and the Secretary of Agricultm-e shall make annual report to Congress of the amoimts refunded here- under. UNITED STATES REVISED STATUTES. Sec. 3469. Upon a report by a district attorney, or any special Compromise of attorney or agent having charge of any claim in favor of the United *''^''°s- States, showing in detail the condition of such claim, and the terms upon which the same may be compromised, and recommending that it be compromised upon the terms so offered, and upon the recom- mendation of the Solicitor of the Treasury, the Secretary of the Treas- ury is authorized to compromise such claim accordingly. But the provisions of this section shall not apply to any claim arising under the postal laws. Agricultural appropriation act of August 10, 1912 (37 Stat., 269). General expenses, Forest Service: To enable the Secretary of Agriculture to experiment and to make and continue investigations and report on forestry, National Forests, forest fires, and lumbering, but no part of this appropriation shall be used for any experiment or test made outside the jurisdiction of the United States; to advise the owners of woodlands as to the proper care of the same; to investigate and test American timber and timber trees and their uses, and methods for the preservative treatment of timber; to seek, through investiga- tions and the planting of native and foreign species, suitable trees for the treeless regions; to erect necessary buildings: Provided, That the cost of any building erected shall not exceed six hundred and fifty dol- lars: And provided further, That no part of the appropriation made by this act shall be used for the construction, repair, maintenance or use of buildings or improvements made for forest-ranger stations within the inclosed fields of bona fide homestead settlers who have established residence upon their homestead lands prior to the date of the estab- lishment of the forest reservation in which the homestead lands are situated, without the consent of the homesteader; to pay all expenses necessary to protect, administer, and improve the National Forests; to ascertain the natural conditions upon and utilize the National Forests; and the Secretary of Agriculture may, in his discretion, permit timber and other forest products cut or removed from the National Forests, except the Black Hills and Harney National Forests in South Dakota, to be exported from the State, Territory, or the District of Alaska in which said forests are respectively situated: Provided, That the exporta- tion of dead and insect-infeeted timber only from said Black Hills and Harney National Forests shall be allowed until such time as the Forester shall certify that the ravages of the destructive insects in said forests are practically checked, but in no case after July first, nineteen hun- dred and fourteen ; to transport and care for fish and game supplied to stock the National Forests or the waters therein; to employ agents, clerks, assistants, and other labor required in practical forestry and in the administration of National Forests, in the city of Washington and elsewhere; to collate, digest, report, and illustrate the results of experi- ments and investigations made by the Forest Service; to purchase law booksj to an amount not exceeding five hundred dollars, necessary supplies, apparatus, and office fixtures, and technical books and tech- nical journals for officers of the Forest Service stationed outside of Washington; to pay freight, express, telephone, and telegraph charges; for electric light and power, fuel, gas, ice, washing towels, and official traveling and other necessary expenses, including traveling expenses 78 NATIONAL FOREST MANUAL — LAWS. for legal and fiscal officers while performing Forest Service work; and for rent outside of the District of Columbia, as follows: For salaries and field and station expenses, including the mainte- nance of nurseries, collecting seed, and planting, necessary for the use, maintenance, improvement, and protection of the National Forests named below: Absaroka National Forest, Montana, eight thousand two hundred and thirteen dollars; Here follows an enumeration of all the National Forests, with the amounts appro- priated for each; also certain provisions in the nature of permanent legislation, which wiU be found under the appropriate headings. For fighting forest fires and for other unforeseen emergencies, one hundred and fifty thousand dollars. For the purchase and maintenance of necessary field, office, and labo- ratory supplies, instruments and equipment, one hundred and fifty- five thousand dollars; For investigations of methods for wood distillation and for the pre- servative treatment of timber, for timber testing and the testing of such woods as may require test to ascertain if they be suitable for making paper, and for other investigations and experiments to promote economy in the use of forest products, one hundred and seventy thou- sand dollars, and the Secretary of Agriculture shall investigate the best methods of distillation of Douglas fir and other northwestern species of fir and timber, and ascertain the yield of distillates of various species, and the refining and commercial use of the distillates; For experiments and investigations of range conditions within national forests, and of methods for improving the range by reseeding, regulation of grazing, and other means, twenty thousand one hundred and eighty dollars; For the purchase of tree seed, cones, and nursery stock, for seeding and tree planting within National Forests, and for experiments and investigations necessary for such seeding and tree planting, one hun- dred and sixty-five thousand six hundred and forty dollars: Provided, That the Secretary of Agriculture may procure such seed, cones, and nursery stock by open purchase without advertisements for proposals, whenever in his discretion such method is most economical and in the public interest, and when the cost thereof will not exceed five hundred dollars; For silvicultural, dendrological, and other experiments and investi- gations independently or in cooperation with other branches of the Federal Government, with States and with individuals, to determine the best methods for the conservative management of forests and forest lands, eighty-three thousand seven hundred and twenty-eight dollars; For market and other miscellaneous forest investigations, and for collating, digesting, recording, illustrating, and distributing the results of the experiments and investigations herein provided for, thirty -one thousand three hundred and sixty dollars; For the construction and maintenance of roads, trails, bridges, fire lanes, telephone lines, cabins, fences, and other improvements neces- sary for the proper and economical administration, protection, and development of the National Forests, four hundred thousand dollars; Provided, That no part of the money herein appropriated shall be used to pay the transportation or traveling expenses of any forest officer or agent except he be traveling on business directly connected with the Forest Service and in furtherance of the works, aims, and objects specified and authorized in and by this appropriation: Pro- vided further. That no part of this appropriation shall be paid or used for the purpose of paying for, in whole or in part, the preparation or publica- tion of any newspaper or magazine article, but this shall not prevent the giving out to all persons without discrimination, including newspaper and magazine writers and publishers, of any facts or official informa- tion of value to the public. That an additional ten per centum of all moneys received from the National Forests during the fiscal year ending June thirtieth, nineteen hundred and twelve, shall be available at the end thereof to be expended NATIONAL FOEEST MANUAL LAWS. 79 by the Secretary of Agriculture for the construction and maintenance of roads and trails within the National Forests in the States from which such proceeds are derived; but the Secretary of Agriculture may, whenever practicable, in the construction and maintenance of such roads, secure the cooperation or aid of the proper State or Territorial authorities in the furtherance of any system of highways of which such roads may be made a part. In all, for general expenses, tliree million one hundred and seven thousand two hundred and eighty-five dollars. Not to exceed fifteen per centum of the total of all sums appropriated under ' ' General expenses. Forest Service, ' ' may be used in the discre- tion of the Secretary of Agriculture as provided above under general expenses for Forest Service for all expenses necessary for the general administration of the Forest Service. Total for Forest Service, five million tliree hundred and forty-three thousand and forty-five dollars. DECISIONS RELATING TO FISCAL MANAGEMENT, APPROPRIATIONS, and refunds. In General. Where judgments are recovered in actions for trespass on National Forests, such amounts thereof as represent punitive damages, costs of suit, or amounts to cover replanting are not such revenues of the Na- tional Forests as are subject to the 25 per cent deduction for distribu- tion to the states and territories in which the National Forest con- cerned is located. (17 Comp. Dec, 688.) A force employed in the District of Columbia to supervise and con- trol the field work of employees engaged in making examinations, surveys, etc., imder the Weeks' forestry law of March 1, 1911, can not be paid from the appropriation made by that act. (17 Comp. Dec, 780.) Publications of advertisements affecting National Forests made by supervisors or rangers pursuant to written instructions from the Forester, issued under authority of the Secretary of Agriculture, specifying the newspapers to be used are publications authorized by Revised Statutes, section 3828. (13 Comp. Dec, 446.) The withholding of moneys due a corporation by the United States is not authorized as a set-off against the liability of such corporation to the United States for indefinite profits arising out of a timber trespass committed by another person. (15 Comp. Dec, 113.) Costs adjudged against forest officers in the prosecution by them, before a justice of the peace, of one arrested for setting a fire which spreads to National Forest lands, are not chargeable against the United States and cannot be paid from Forest Service appropriations. (Comp. Dec. of May 6, 1912; 2 Sol. Op., 693.) Expenses of Government ofiicers in going, returning, and in attend- ance on court, when sent away from the usual place of their duties, as witnesses, for the Government, as the result of knowledge obtained in the discharge of their official duties, are payable from the appropriate appropriation of the department from which they are sent, and not from the judicial appropriations for fees of witnesses. (12 Comp. Dec, 391; see also 14 Comp. Dec 80 and 516; 15 Id., 154, 298 and 757.) Where authority is exercised by a special class of officers in the arrest of persons for violations of the laws of the United States, all expenses incident to such arrests are defrayed by the Government and paid out of appropriations made for certain purposes, and not until prisoners come into the custody of the United States marshal by virtue of a duly recognized authority can it be said that a judiciary appropriation may be available for the payment of such expenses. (8 Comp. Dec, 127; 11 Id., 753; 15 Id., 602; 16 Id., 371; 17 Id., 566.) When an offender is arrested by a forest officer for violation of the for- estry laws or regulations and taken before a United States Commissioner, the liability of the judiciary appropriations would commence with the complaint and warrant; but in no case would such appropriations be liable for any fees or expenses of the forest officer where it is his duty to aid in the detection, prosecution, and punishment for violations of euch laws and regulations. (14 Comp. Dec, 113.) 80 NATIONAL FOREST MANUAL LAWS. The appropriation for general expenses of the Forest Service can not be used to pay for the support of a prisoner confined in a State jail for violation of the rules and regulations relating to the forest reserves under a commitment issued by United States Commissioner. Such payments are chargeable to the judiciary appropriation. (14 Comp. Dec, 113.) The appropriation for the general expenses of the Forest Service can not be used to pay an impounding fee under a village ordinance for horses of the Government taken up and impounded by the village authorities. (1 Sol. Op., 642.) A forest officer keeping a privately owned automobile for official busi- ness cannot receive compensation for carrying another forest officer in the oar, both being on an official trip. (2 Sol. Op., 782.) GENERAL EXPENSES. The expense of transporting horses of employees of the Forest Service, needed in the performance of their official duties, is payable from the appropriation for general expenses. (1 Sol. Op., 350.) The expenses of identification and eradication of poisonous plants within the National Forests may be paid from general expenses under the appropriation for 1910. (1 Sol. Op., 199.) The fire-fighting fund provided under general expenses in the act of March 4, 1911, is available for paying the cost of repairs to a vehicle unavoidably damaged while under hire to the Forest Service for con- veying men to a forest fire, with the express agreement to be respon- sible for damages. (2 Sol. Op., 740.) Salaries of stream gangers working under cooperative agreement with the Geological Survey are payable from the appropriation for general expenses of the Forest Service. (2 Sol. Op., 719.) Telephone lines consisting of insulated wire laid upon the ground and temporarily used in one part of the forest and then removed and used in the same way in another part should be charged, under general expenses, for the "purchase and maintenance of all necessary field * * * supplies," etc. (1 Sol. Op., 651.) Labor employed in constructing such lines should be paid for from the appropriation for general expenses, as a field expense of the par- ticular forest. (1 Sol. Op., 651.) Expenses of a forest officer in attending, in his official capacity, the examination or trial of a person charged with violation of the laws relating to timber trespass on National Forests are payable from the general expenses for the Forest Service. (1 Sol. Op., 383.) The appropriation for the construction and maintenance of roads, trails, bridges, etc., in the appropriation act of August 10, 1912, is not exclusive, but is interchangeable with the item for general expenses "to pay all expenses necessary to protect, administer, and improve the National Forests." (Solicitor to his Assistant at San Francisco, Sept. 7, 1912.) IMPROVEMENTS. Enlargement and improvement of ranger stations. See under "Operation," page 17 ante. The installation for the first time of bathroom fixtures in the P'ort Valley experiment station, in the same manner as similar fixtures are usually installed in the ordinary city house, are not repairs in the meaning of the appropriation act. (2 Sol. Op., 768.) Fruit trees, grapevines, and rose bushes purchased for planting on ranger stations can not be paid for out of any appropriation for the Forest Service made in the appropriation act of 1911. (1 Sol. Op., 556.) FIRE-FIGHTING FUND. Fees of an employment agency for services in securing fire fighters may be paid from the appropriation for fighting forest fires and other unforeseen emergencies. (1 Sol. Op., 349.) NATIONAL FOREST MANUAL LAWS. 81 REFORESTATION. The appropriation for the year 1911 of $166,640 "For silvicultural and other experiments," etc., is available, in the discretion of the Secretary, for allotment to the various forests, not for experiments and investigations merely but to carry on the work of reforestation. The amounts allotted may be used cumulatively with the amounts author- ized in the appropriations for the various forests by name. (2 Sol. Op., 705.) SUPPLIES. Supplies ordered under annual contracts for one fiscal year, but not delivered in that j^ear, may be paid for at prices fixed by the contracts out of the appropriations for the succeeding year. (1 Sol. Op., 311.) If the need for ordering wire existed in the fiscal year 1910, and the contract in question was properly made under the appropriation for that year, the purchase price may be paid from that appropriation, even though the wire was not delivered until the next annual appro- priation has become effective, and it can not be put to physical use until some time in the next fiscal year. (Same.) Refunds. The refund provision in the agricultm-al appropriation act of March 4, 1907, contemplates cases of sales of National Forest products and does not apply to erroneous or excess collections for trespass on Na- tional Forest lands or to erroneous collections for products of lands not a part of the National Forests. (17 Comp. Dec, 204.) No refund can be made, under the act of March 4, 1907, of money paid for timber cut in the construction of an irrigation ditch under permit from the Forest Service, pending approval of maps filed with the Secretary of the Interior, even though the lands affected have been eliminated from the National Forest. (2 Sol. Op., 676.) Where a timber sale contract expired by limitation before all the timber paid for was cut, the right to damages, either actual or liqui- dated, became vested in the United States, and could not be waived or released by any officer of the Government. If, in such case, the contract provided for liquidated damages, or if the United States sus- tained actual damages by reason of the breach, and the amount de- posited did not exceed the sum of the purchase price of the timber cut and removed plus the amount of such damages, then no refund could be made. (Case of Orleans Longacre, Comp. Dec, Dec. 27, 1911.) The provision in a timber-sale contract that "all moneys paid or promised under this agreement" shall become the property of the United States "as liquidated damages and not as a penalty," on the failure of the purchaser to fulfill "all and singular" the numerous re- quirements of the contract, some of which are comparatively trivial and if broken can result in little damage, is, in legal substance and effect, a provision for a penalty, and a refund can be made where money has been deposited in excess of the actual damages suffered. (2 Sol. Op., 831.) The provision in timber-sale Form 202 that refunds will be made "only at the discretion of the Forester, except when the amount of such deposits is more than the value of the timber on the cutting area covered by this agreement," does not empower the Forester to make refunds without limitation and without reference to the damages which may accrue to the Government by a breach of the contract. (2 Sol. Op., 831.) _ Where an applicant for a timber-sale contract deposits money to cover the cost of advertising the sale, and dies before submitting a bid, the deposit may be regarded as made "to secure the purchase price on the sale " of forest products, and may be refunded to his legal repre- sentatives after deducting any expense incm-red by the United States in consequence of the application. (Case of C. W. Dutrow, Comp. Dec, Dec. 27, 1911.) 66777°— 13 6 82 NATIONAL FOREST MANUAL LAWS. Where timber unlawfully cut is seized and subsequently released to the trespasser on payment of its value and his agreement to clean up the cut-over area,_ the transaction amounts to a sale on condition subsequent, and on his failure to perform the condition the money, less damages caused by the breach, may be refunded under the act of March 4, 1907, and the trespassers be held liable for the trespass. (1 Sol. Op., 355.) The amended refund provision contained in the act of March 4, 1911, being clearly remedial in character, is retrospective in its operation. (2 Sol. Op., 685; Comp. Dec, Dec. 27, 1911.) Moneys erroneously collected on account of a special-use permit to occupy lands listed under the act of June 11, 1906, could not be re- funded under the act of March 4, 1907 (34 Stat., 1256), but may be under the retroactive amendment contained in the appropriation act of March 4, 1911. (2 Sol. Op., 685; Comp. Dec, Dec. 27, 1911.) Where by mistake the amount agreed upon in settlement of a tres- pass by boxing for turpentine is twice paid, the excess payment may be refunded under the amending provision contained in the appro- priation act of March 4, 1911, as "money erroneously collected for the use of any lands." (Case of C. J. Conger, Comp. Dec, Dec. 27, 1911.) Moneys collected for a trespass in cutting timber from an unper- fected homestead claim can not be refunded under the amending act merely because final proof has since been made and final certificate issued. If the cutting was in fact illegal when clone, the subsequent proof and issuance of certificate does not satisfy the statutory require- ment that the act be "subsequently found to ha-^ been legal and proper." (Case of Haney, Comp. Dec, Dec. 27, 1911.) Where it is found that money has been collected in excess of the sum properly assessable for cutting timber on National Forest land, the excess may be refunded as "erroneously collected for the use of any lands." (Case of Lopez, Comp. Dec, Dec. 27, 1911.) Money collected under a timber-sale contract for timber supposed to have been cut from National Forest land, but afterwards found to have been cut from private land, may be refunded to the owner of the land under the amending act. (2 Sol. Op., 743.) No refimd can be made to a special-use pasture permittee for depriva- tion of use by a mere trespasser who removes his fence and grazes part of the land. (1 Sol. Op., 662.) Unliquidated damages due on account of a trespass can not be set off against moneys in the hands of the Government which should be re- funded under the act of March 4, 1907. (2 Sol. Op., 355.) INDEX. Page. Abandoned timber-sale contracts, disposal of timber, and refund 61 Absaroka National Forest, appropriation, 1912 78 Absence leaves, employees (35 Stat. L., 251) 15 homestead entryman 24, 27 Accidents, employees' injuries, report (35 Stat. L., 556) 15 Acreage, homestead limitation 23, 26 Administration, forest provisions of simdry civil act, 1907 (30 Stat. L., 11) 6-8 Administrative sites, relation to mining laws, decisions 58-59 Advertisement, timber sale, requirements (30 Stat. L., 11) 7 Advertisements, authorization, decision _. 79 Affidavit of settlement, forest-reserve lands, perjury decision 75 Affidavits, death or injury of employee by accident (35 Stat. L., 556) 16 Agents, special, procedure in land-claim cases, instructions for (39 L. D., 458). . 18-19 Agricultural appropriation act, 1906, extracts (34 Stat. L., 669) 60, 76 1907, extracts (34 Stat. L., 1256) 5, 17, 60, 76 1908, extracts (35 Stat. L., 251) 15, 75, 76 1910, extract (36 Stat. L., 416) 75 1911, extracts (36 Stat. L., 1235) 16, 54, 76-77 1912, extracts (37 Stat. L., 269) 12, 17, 32, 60, 61, 76, 77-79 entry of coal lands, statutes, list 43 lands, elimination from forest reserve 6 forest reserve, restoration to homestead use (36 Stat. L, 961) . . 11 in forest reserves, entry, act, 1906 (34 Stat. L., 233). 30-32 Agriculture Department, control of forest reserves, transfer from Interior De- partment (33 Stat. L., 628) -.-•-.--. .- -. 5 Secretary, and Secretary of the Interior, joint circular on claims to lands in National Forests (39 L. D., 374) 20-21 appraisal and sale of timber (31 Stat. L., 661) 59 control of irrigation rights of way 56 mineral waters on National Forests, decision . 41 National Forests 5, 6, 11, 30, 58, 60, 61, 63, 64, 67 _ timber sales, cutting, use, etc. (31 Stat. I.., 661) 59-60 cooperation with county commissioners 17 estimates to Secretary of Treasury (36 Stat. L., 416) 75 jurisdiction, etc., over ruins and other American an- tiquities 13 limitations of authority 8, 17 member of Forest Reservation Commission 10 purchase of lands for forest reserve (36 Stat. L., 961) 10 sale of fire-killed and insect-infested timber, decisions. . 62 Alaska coal lands, consolidation of claims, beneficiaries, decision 43 coal-land laws, list of statutes 43 status after amendment of 1904, decision 43 homestead laws extended 27 mineral springs, status, decision 42 mining laws, list of statutes 37 power permits, decision 57 pulp wood and wood pulp, exportation (33 Stat. L., 628) 60 rights of way, reference 55 Ancient monument or structure, removal prohibited 13 Antiquities, American, preservation, act, 1906, extracts (34 Stat. L., 225) 12, 67 rules and regulations 13-1 4 collections, preservation provided for 14 discoveiy , report by officer in charge of public land 13 seizure authorized 14 83 84 INDEX. Page. Application for purchase of timber and stone lands, personal examination required, decision 46 Appropriation acts, agricultiu-al, extracts ... 5, 12, 15, 16, 17, 32, 51, 52, 54, 60, 61, 75-79 sundry civil, act, 1912, extracts (37 Stat. L., 455) 5, 6, 25 Appropriations, Forest Service, general expenses, 1912, act (37 Stat. L., 269). . 77-79 Arrest, authority on sites of antiquities, ruins, etc 14 Arrests, duty of forest officers 18 expenses of officers, payment, decisions 79, 80 Arizona, desert-land laws 46-49 school lands, status, decision 50 Assignments of land entries, restrictions (35 Stat. L., 52) 48 Automobile privately owned by forest officer, payment for use, decision 80 Bathroom fixtures, installation at ranger stations, expense liability, decision. . 80 Bird refuges, hunting, trapping, etc. , penalties 67 Black Hills National Forest, dead and insect-infested timber, exportation limit (34 Stat. L., 1256; 37 Stat. L., 269)... . 60, 77 entries, limitations 31 homestead entries, references 9, 27 timber-use restrictions 60, 77 Blue ijrints, forest reserve, sale (34 Stat. L., 1256) 17 Bond, security, railroad rights of way, decision 56 Brushy disposal, after felling timber on mineral lands 64 Buildmg stone. See Stone. Buildings, forest reserves, construction, appropriation, 1912 (37 Stat. L., 269).. 77,78 cost limitation (36 Stat. L., 1235) 16, 17 exclusion from settlers' homesteads (37 Stat. L., 269) . 17 legal provisions affecting 16-17 Bull Run National Forest, trespass, penalties 9, 67 Cabins, ranger, enlargement, cost limit, and sale, discussions 17 Calaveras National Forest, note 9 California, counties excepted in listing agricultural forest lands 30, 32 desert-land laws 46-49 forest reserves changes, control (act Aug. 24, 1912) 5 increase forbidden (36 Stat. L., 847) 9 rights of way through National parks, for public uses, permissive (31 Stat. L., 790) 53-54 timber sales, forest reserves (34 Stat. L., 669) 60 Canal, damage to settler on public domain (R. S. , 2339) 52 Canals, construction through public lands, requirements (26 Stat. L., 1095) 53 irrigation, transportation and other uses (30 Stat. L., 404) 53 right of way through western lands, reservation by Federal Government (26 Stat. L.,371) 52 Canceled entries, National Forests, validating (36 Stat. L., 1084) 25 timber and stone lands, decision 46 Canyon passes, joint use by railroads (18 Stat. L., 482) 51 Caves, Oregon, injuring or defacing, penalty 75 Central Pacific Railway, title to odd sections without issuance of patent, deci- sion 50 Certificate, homestead entry, regulations 22, 24 physician's, requirement in compensation for injiu-y (35 Stat. L., 556) 16 Children, employees', compensation for loss (35 Stat. L., 556) 15 infant, homestead claims (R. S., 2292) 22 Churches, maintenance on forest reserve, permission (30 Stat. L., 11) 7 Claimants, rights (36 Stat. L., 847) 8 Claims, land. National Forests joint circular order (39 L. D., 374) 20-21 procedure (39 L. D., 374, 436, 446, 458) 18-21 mining, description, conformity to patented claims, etc. (R. S., 2327). 35 limitation of area (R. S., 2320, 2322) 33-34 See also Mining. placer, procedure for obtaining patent (R. S., 2329) 35-36 postal, exemption from compromise provision (R. S., 3469) 77 United States, compromise (R. S., 3469) 77 Clay deposits, entry under mining laws, decisions 40 INDEX. 85 Page. Coal deposits, development not trespass, decision 43 disposal in development of other mines, decisions 43 lands, entry as agricultural lands, statutes, list 43 mineral lands, decision 43 persons disqualified, decision 43 preemption, etc., requirements (R. S., 2347, 2348, 2349, 2350, 2351) 42-43 prospecting tunnels not improvements, decision 43 National Forests, use by nonowners prohibited, decision 43 Colorado, forest reserves changes, control (34 Stat. L. , 1256) 5 increase forbidden (36 Stat. L., 847) 9 general land laws 46-49 Commerce and Labor, Secretary, administration of employees' compensation act (35 Stat. L., 556) 15, 16 Commutation, homestead claims 23, 24, 27, 29, 31 Concealed weapons, permission to carry 18 Condemnation of private lands for highways, railroads, etc. (18 Stat. L., 482).. 51-52 Congress, act necessary to change forest reserves (34 Stat. L. , 1256) 5 enactments affecting particular National Forests 9 Congressmen, members of Forest Reservation Commission 10 Contests, claim, preference rights 27 homestead claims, decisions 30 Contracts, timber-sale, abandoned, disposal of timber, and refund 61 decisions applicable 61-62 modification by Government officials 61 Contributions, cooperative, to constitute a special fund (34 Stat. L., 669) 76 Cooperation, enforcement of fire protection, fish and game laws (35 Stat. L., 251) 15 Secretary of Agriculture with State authorities 17 State, for protection of watersheds of navigable streams, enabling act, 1911 (36 Stat. L., 961) 10-12 with State road systems (37 Stat. L., 269) 17 Cooperative contributions to constitute a special fund (34 Stat. L., 669) 76 Corporations, acquisition of coal lands by individual stockholders, decision 44 Costs, prosecution of forest officers by outsiders, decision 79 Creditors' claim, exemption of employees' compensation for injuries (35 Stat. L., 556) 16 Crystalline deposits, entry under mineral law, decision 38-39 Cultivation, homestead entries, requirements, decisions 29-30 homesteads, requirements (37 Stat. L., 123) 24-25 Death, accidental, of employee, affidavit (35 Stat. L., 556) 16 Decisions, coal-land 43-44 desert-land 49-51 fiscal management, appropriations and refunds 79-82 homestead 27-30 mineral springs 41-42 mining 37--11 operation 17-18 rights of way 55-58 school land 49-50 timber and stone land 45-66 cutting, rights on public lands 69-71 sale contracts 61-62 trespass cases 69-75 Declaratory statements, abandoned, disqualifies for new entry of coal lands, decision 43 Deficiency appropriation act, 1899, authority of Secretary of Interior [Agricul- ture] to approve right of way for highways, extract 51 Defiles, joint use by railroads, highways, etc. (18 Stat. L., 482) 51 Dennett, Fred, Commissioner, General Land Office, instructions on claims (39 L. D . , 458) 18-19 Depredations, forest, regulations for prevention (30 Stat. L. , 11) 6 Desert land, definition (19 Stat. L., 377) 47 entries restricted to siu-veyed lands (35 Stat. L. , 52) 48 under former acts, preservation of rights (26 Stat. L., 1095) . 47-48 homestead entries 26 86 INDEX. Page. Desert land law, States in which effective (19 Stat. L., 377) 47 laws (19 Stat. L., 377) 46-A7 purchase, requirements (19 Stat. L., 377) 46-47 lands, definition, decisions 49 limitation of area for entry (26 Stat. L. , 1095) 48 second entries, list of statutes 49 Discovery, mining claim, requirements for entry, decisions 38-48 Distillation, wood, investigations, appropriations, 1912 78 District attorney, duty to prosecute fencing-act violations (23 Stat. L., 321) 66 Ditch, right of way, status, decision 57 in National Forest 6 Ditches, irrigation, damage to other settler on public domain (R. S., sec. 2339). 52 Electric power plants, rights of way (29 Stat. L. , 120) 53 rights of way, decisions 57 transmission lines. National reservations, easements of rights of way, (36 Stat. L., 1235) 54 Embezzlement, United States property, penalty 68 Emergency sales, provisions for (30 Stat. L. , 11) 7 Employee, Agriculture Department, compensation refused 18 compensation for injury, determination of amount (35 Stat. L., 556) . 16 Employees' compensation act, 1908 (35 Stat. L., 556) 15-16 for injuries, beneficiaries (35 Stat. L., 556) 16 provisions of laws 15-16 leaves of absence (35 Stat. L. , 251) 15 Entries by individuals for benefit of corporation, case 45-46 Entrymen, desert land, citizenship requirements (26 Stat. L., 1095) 48 homestead, qualifications, decisions 28 Indian allotments, qualifications (36 Stat. L., 855) 58 preference rights to desert lands, conditions (35 Stat. L., 52) 48 Estimates, annual, submission to Secretary of Treasury (36 Stat. L., 416) 75 Excavations, antiquities, restoration of lands to customary condition 13 Executive order reserving lands for forests, effect on pm-chase, decision 45 Exemption from liability for employers' compensation, provision against (35 Stat. L., 556) 16 See also under subject of Exemption. Exploration, antiquities, reports to Smithsonian Institution, rule 13 ruins, etc., permits 13 unauthorized, arrests by agents of Secretaries 14 Farmers, sale of dead and down timber at cost authorized (37 Stat. L., 269). . . 60 Fees, homestead entries 23 Fences, sale 17 Fencing act, 1885 (23 Stat. L., 321) ■ 65-67 violation, penalties (23 Stat. L., 321) 66 unlawful, public lands, laws governing (23 Stat. L., 321) 65-67 Field expenses, appropriations, 1912 77-79 parties fighting fires, payments (34 Stat. L. , 251) 76 Final proof, notices, homestead entries, reference 27 Fire fighting, appropriations and decisions (35 Stat. L., 251; 37 Stat. L., 269) . 76, 78, 80 protection, appropriations and decisions (35 Stat. L., 251; 37 Stat. L., 269) 76, 78, 80 cooperation of States (36 Stat. L., 961) 10 with other departments (35 Stat, L., 251) 15 grazing regulations (30 Stat. L., 35) 62-63 prosecutions under State law 18 provisions for forest reserves by Interior Secretary (30 Stat. L., 11) 6 trespass regulations (30 Stat. L., 11) 64, 65 trespass, criminal code, 1909, extract (36 Stat. L., 1088, 1098, 1099) 65 decisions 71-72 public domain, penalties, disposition of fines, etc. (36 Stat. L., 1088, 1098, 1099) 65 Fiscal management, provisions 75-82 Fish laws. State, application on forest reserve 7 protection, cooperation for (35 Stat. L. , 251) 15 INDEX. 87 Page. Fishing, irrigation reservoirs, no public right 57 permission by custom (30 Stat. L., 11) 7 Forest lands, management investigations, appropriation, 1912 (37 Stat. L., 269) 77, 78 officers, copies of land-case papers to be furnished to 19 duties in arrests and prosecutions 18 products. National Forests, exportations (34 Stat. L., 1256) 60 rangers. See Rangers, reservations. See Forest reserves. reserve, affidavit of settlement, perjury decision 75 reserves, creation only by act of Congress (34 Stat. L., 1256) 5 homestead entries, act, 1906 (34 Stat. L., 233) 30-32 name, National Forests (34 Stat. L., 1256) 5 protection, procedure (33 Stat. L., 700) 68-69 rights of way for municipal and mining purposes (33 Stat. L. 628) 54 silviculture, laws governing (31 Stat. L., 661) 59-62 transfer from Interior Department to Agriculture Depart- ment (33 Stat. L., 628) 5 Service, authority denied to sell fire-killed timber 62 to collect kidding or lambing charges on National Forests 63 make surveys of agricultural lands in forests 32 general expenses (37 Stat. L., 269) 77-79 telephone lines, cutting, decision, penalties, etc 75 " transfer act, 1905, extracts (33 Stat. L., 628) 5, 14, 60 rights of way for municipal and mining purposes, extract. . 54 Forester, action in claims to land in National Forests (39 L. D., 374) 20 Forests, National, agricultural lands, homestead entry (34 Stat. L., 233) 30-33 control by President (30 Stat. L., 11) 5 creation (26 Sta,t. L., 1095). _. 5 department trails, obstruction, decision, penalties, etc 75 establishment and control 5-18 fire protection, grazing regulations (30 Stat. L., 35) 62-63 grazing decisions 63 regulations (30 Stat. L., 35) 62-63 kidding or lambing charges, authority to collect 63 land claims, joint circular order (39 L. D., 374) 20-21 monuments, depredations, decisions, penalties, etc 75 timber and forest products, exportations (34 Stat. L., 1256) 60 See also National Forests. Fort Valley experiment station, bathroom fixtiires installation, expense lia- bility, decision 80 Funds, Forest Service. See Fiscal management. Game laws. State, application on forest reserve 7 protection, cooperation for (35 Stat. L., 251) 15 refuges, authorizations 14 General Grant National Park, rights of way for public uses (31 Stat L., 790) 53-54 Land Ofiice, Commissioner, authority and duties in regard to coal and desert lands (R. S. 2351; 19 Stat. L., 377) 47 Geological Survey, authority to examine lands for Secretary of Agriculture (36 Stat. L., 961) 10 Glanders, mallein test, payment of cost unauthorized 18 Grand Canon game refuge, authorization (34 Stat. L., 607) 14 Gravel deposits, not subject to entry under mining laws, decision 40 removal from public lands, decision 75 Grazing, National Forests, decision applicable 63 regulations (30 Stat. L., 35) 62-63 trespasses, decisions, penalties, etc ; 72-75 Harney National Forest, timber use, restriction 77 Hay, selling from mining claim 37 Heirs, homestead claims 22, 24, 28 Highways over public lands, right of way (R. S., 2477) 51 reconstruction for accommodation of railroads, burden of expense (18 Stat. L., 482) 51 88 INDEX. Page. Highways, right of way, power of Secretary of Interior (30 Stat. L. , 1214) 51 See also Roads. Hog raising in lien of cultivation on homestead entry, decision 30 Homestead claim not impaired by placer claim (R. S . , 2331) 36 claims, protection from forest-reserve constructions (37 Stat. L., 269) 17 timber cutting rights, decisions 70 entries, abandoned, revert to United States 23 in forest-reserves act, 1906 (34 Stat. L., 233) 30-32 National Forests, validating, act, 1911 (36 Stat. L., 1084) ... 25 second, and desert-land (36 Stat. L., 896) 26 lands, transfer (R. S., 2288) 21 laws, decisions 27-30 pro\isions affecting Forest Service work, etc 21-30 rights on mineral lands, small areas in subdivision (R. S., 2331) 36 persons entitled to (R. S., 2289) 21, 22 settlers, sale of dead and down timber at cost authorized (37 Stat. L., 269) 60 three-year, law (37 Stat. L., 123) 24-26 Homesteads, enlarged, in certain States 27 not subject to prior debts 23 Horses, Government, impounding fee, decision 80 rangers', mallein test, payment of cost 18 transportation, appropriation liable for, descision 80 Hunting, permission by custom (30 Stat. L., 11) 7 Hydroelectric power rights of way, decisions 57 Idaho, desert-land laws 46-49 forest reserves, changes, control (34 Stat. L., 1256) 5 increase forbidden (36 Stat. L. , 847) 9 school lands, timber cutting, decision 49 Impounding Government horses, fee, decision 80 "Incorporated company " defined, decision 44 Indian allotments in National Forests, act 1910 (36 Stat. L., 855) 58 lands, free homesteads opened to settlement 26 reservations, references to 27, 58 Indians entitled to allotments in National Forests (36 Stat. L., 855) 58 Infant children, homestead claims (R. S., 2292) 22 Injuries, employees', compensation, acts 15-16 for, time limit (35 Stat. L., 556) 15 reports (35 Stat. L., 556) '. 15 Insane settlers, homestead claim 27 Interior [Agriculture], Secretary, authority to make regulations governing tim- ber cutting (26 Stat. L., 1093) . 65 regulate timber cutting in min- eral districts (20 Stat. L., 88) . . 64-65 rent or lease mineral springs (30 Stat. L., 908) 41 authorization under timber-culture law (26 Stat. L., 1093) 26 permit of free use of timber and stone (30 Stat. L., 11). 7 power to provide protection of forests from depredations (30 Stat. L., 11) 6 regulations for protection of forest reserves from fire (30 Stat. L., 11) 6 Department, control of forest reserves, transfer to Agriculture Depart- ment (33 Stat. L., 628) 5 power to determine mineral character of railroad-grant lands, decision 50 powers and duties in regard to mining locations, deci- sions 38 Secretary, and Secretary of Agriculture, joint circular on claims to lands in National Forests (39 L. D., 374) 20-21 approval of irrigation plans (26 Stat. L., 1095) 53 rights of way, decision 56 railway right of way (18 Stat. L., 482) 52 surveys of right of way of roads (30 Stat. L., 1214) 51 INDEX. 89 Page. Interior, Secretary, authority in regard to Indian allotments (36 Stat. L., 855). . 58 rights of way for electric power 57 to extend time of final proof 49 grant railroad rights of way, decision 57 rights of way through National reserva- tions (31 Stat. L. 790). . 53-54 to power plants (29 Stat. L., 120) 53 withhold right of way in National park 57 jurisdiction, etc., over ruins and other American antiqui- ties 13 member of Forest Reservation Commission 10 opening agricultural forest lands to entry 31 power over rights of way within reservations, decisions 55-56 report of withdrawals of land to Congress (36 Stat. L., 847) . . 9 Investigations, forest, appropriation act, 1912 (37 Stat. L.j 269) 77-78 Irrigation companies, rights of way over public lands, decision 55-56 ditches, canals, etc., construction through public lands, time limit (26 Stat. L., 1095) 53 lirnitations of use (26 Stat. L. , 1095) 53 construction by individuals and corporations, requirements (26 Stat. L., 1095) 53 cooperation of entrymen (26 Stat. L. , 1095) 47 right of way through National reservations, permissive (31 Stat. L., 790) 53-54 western lands, reserv^ation by Federal Government (26 Stat. L. , 271) 52 plans, filing before entry of desert land, requirements (26 Stat. L., 1095) 47 requirements, desert land entries, decision 49 reservoir, fishing privileges, decision 57 rights of way, decisions 56-57 subsidiary uses (30 Stat. L. , 404) 53 through public lands (26 Stat. L., 1095) 52-53 Judiciary appropriation, liability for expenses of arrests, prisoners, etc., deci- sions 79, 80 Jurisdiction, antiquities, ruins, etc 13 forest reserve (36 Stat. L., 961) 11 State (30 Stat. L., 11) 7 Kansas National Forest, note 9 Kidding charges, National Forests, authority to collect, decision 63 ICinkaid Act, cultivation requirements excepted 25 Labor, construction of telephone lines, decision 80 Laboratories, forest, supplies, equipment, etc., appropriations, 1912 77, 78 Lambing charges. National Forests, authority to collect, decision 63 Land, abandoned, reverts to United States 23, 25 claims procedure (39 L. D., 374, 436, 446, 458) 18-21 Department, action on electric power rights of way 57 jurisdiction after purchase, decision 45 powers and duties, decisions 38 entries, limitations of acreage 23, 26 laws, limitation of acres, list of statutes 49 Office, General, authority and duties of Commissioner in regard to coal and desert lands (R. S., 2351; 19 Stat. L.,377) 43 officers, action in claims to land in National Forests (39 L. D. , 374) 20 procedure in land-claims cases, instructions for (39 L. D. , 458) . . . 18-19 purchased, jurisdiction of Land Department after final payment, decision 45 purchases, forest reservation, report to Congress (36 Stat. L., 961) 10 sales, duty of register of land office (20 Stat. L., 89) 44-45 unreserved. National Forests, law governing (20 Stat. L., 88) 64 Lands, agricultural, listing, decisions 32 National Forests, provision for homestead entry (34 Stat. L., 233) 30-33 segregation, authority of Secretary of Agriculture (37 Stat. L.,269) 32 90 INDEX. Page. Lands, breaking inclosures, Btock trespassing, etc. , penalties 67-68 claims, homestead, agricultural, etc., provisions for 18-59 donations to State, exemption from entry under mining laws (27 Stat. L.,458) 36 fencing, laws governing (23 Stat. L., 321) 65-67 forest, exchange 9 See also Lien. forest reserve, administration, and division into specific National Forests (36 Stat. L., 961) 11 listed, remain in forests until patented 32 mineral, reservation (R. S. , 2318) 33 not subject to homestead entry, decisions 27-28 ownership and control by Federal Government (Light i;. IJ. S., 220 U. S., 523) 5 producing natural timber not desert, decision 49 purchase for protection of navigable streams (36 Stat. L., 961) 10-12 reserves to maintain navigation (36 Stat. L. , 961) 10 removal of sand and gravel, decision 75 reservation for forests, Executive order as against right to purchase, de- cision 45 school. See School lands. timber and stone, contract sale before final proof violation of law, de- cision 45 title, cooperation of Secretary of Agriculture and Attorney General to secure (36 Stat. L., 961) 11 withdrawals, act to authorize (36 Stat. L., 847) 8-9 by President (36 Stat. L., 847) 8-9 withdrawn by President, power permits, procedure, decision 57 Lantern slides, forest reserve, sale (34 Stat. L., 1256) 17 Law books, purchase, appropriation, ] 912 (37 Stat. L., 269) 77 "Lawful filing" selections for exceptions from National Forests, decision 51 Leasing lands adjacent to mineral springs, power of Secretary of Interior (30 Stat. L., 908) 41 Leaves, absence (35 Stat. L., 251) 15 Lieu selections, approval of application date of perfected selection, decision.. . 50 for school lands, decisions 50, 71 repeal of act of 1897 (33 Stat. L., 1254) 50 timber cutting, prohibition 71 unmarked, no bar to adverse settlement claims, decision 50 Liquor, selling on mining claim 37 Lode claims. See Mining Claims. defined, decision 39 Logs, cabin, sale 17 Mallein test, payment for, not authorized 18 Map, railroad route, filing, no vested right acquired, decision 56 right of way, approval, status 57 Maps, canal construction through public lands, filing (26 Stat. L., 1095) 53 forest reserve, sale (34 Stat. L., 1256) 17 railway lines, filing (18 Stat. L., 482) 52 Married woman, homestead entry 23, 27 Medical examinations, employees' compensation (35 Stat. L., 556) 16 Medicinal waters, control 8 Michigan, National Forests, exchange of lands 9 Mill sites, patents, requirements (R. S., 2337) 36 decisions 41 Mineral exploration and acquisition, privileges on lands withdrawn (36 Stat. L., 847) 8 land, reservation (R. S., 2318) 33 lands, land oflScers' duties regarding timber cutting (20 Stat. L., 88). . 64-65 patent, procedure for obtaining (R. S., 2325) 24-25 railroad grant, status, decision 50 Bale(R. S.,2319) 33 segregated in subdivision, homestead rights to small areas (R. S., 2331) 36 timber cutting, decisions 69 trespass penalties, etc. (20 Stat. L., 88) 64-65 INDEX. 91 Page. Mineral springs, authority of Secretary of Interior to rent or lease (30 Stat. L., 908) 41 waters, control 8, 41 Minerals, reservation to owner selling land for forest reserve (36 Stat. L., 961). . 11 Miners, right to make regulations (R. S., 2324) 34 Mines, claimant, requirements (R. S., 2325) 34-35 locators' rights (R. S., 2322) 33-34 See also Mining. Miniag claims, annual labor, requirements (R. S. 2324) 34 conflicting, determination, decision 40 description, conformity to patented claims, etc. (R. S., 2327).. 35 discovery, requirements for entry, decisions 38-40 electric rights of way over lands 57 entry for foreign uses, decisions 38 expenditures required to secure patent, decision 40-41 improvements, requirements, etc., decisions 40-41 limitation of area (R. S., 2320, 2322) 33-34 liquor selling on 37 marking boundaries (R. S., 2323) 34 procedure for obtaining patent (R. S., 2325) 24-25 records, requirements (R. S., 2323) 34 rights of owners, decisions under mining laws 37-38 shares of delinquent co-owners, disposal (R. S., 2324) 34 timber-cutting rights, decisions 70 laws affecting Forest Service work 33-37 and administrative sites. National Forests 58 Black Hills Forest Reserve, limitation of homestead entry 31 decisions under 37-41 plants, rights of way in forest reserves (33 Stat. L., 628) 54 purposes, electric power rights of way, decisions 57 Minnesota National Forest, timber-sale provisions (35 Stat. L., 268) 9, 60 Minors, homestead claims (R. S., 2292) 22 Moneys, withholding, timber trespass case, decision 79 Montana, desert-land laws 46-49 forest reserves changes, control (34 Stat. L., 1256) 5 _ increase forbidden (36 Stat. L., 847) 9 school lands in National Forests, status, decision 49 Monuments, National Forests, depredations, decision, penalties, etc 75 See also Antiquities. National Forest Reservation Commission, appointment and duties (36 Stat L., 961) 10 expenses, provision and limitation (36 Stat. L., 961) 12 report to Congress (36 Stat. L., 961). 10 Forests, appropriations, 1912 78 establishment in protection of stream watersheds (36 Stat. L., 961) 11 See also Forests, National. parks, rights of way for irrigation may be withlield 57 Navigable streams, protection of watersheds, cooperation of States in (37 Stat. L.,269) 12 Navigation, streams, maintenance 8, 10 Nebraska National Forest, authority of Secretary of Agriculture to furnish free trees from nurseries (37 Stat. L., 269) 61 Nevada, desert-land laws 46-49 New Mexico, desert-land laws 46-49 .school lands in National Forests, status, decision 50 North Dakota, desert-land law 46-49 school lands in National Forests, status, decision 49 Northern Pacific Railway, selections for exceptions from National Forests a "lawful filing," decision 51 imclassified odd sections within primary limit, de- cision 50 Nurseries, forest, maintenance, appropriations, 1912 78 Nursery stock, Secretary of Agricultxire authorized to furnish (37 Stat. L., 269) . . 61 92 INDEX. Pagei. Oaths, administration, officers authorized, etc 69 false, homestead entries, amount to perjury 23 Occupancy and use, control in forest reserve (U. S. 'j;."Grimaud, 220 U. S., 506) . 6 Officers, authority to administer oaths 69 forest, duties in arrests and prosecutions 18 selection (33 Stat. L., 628) 14 Government, expenses as witnesses, decisions 79, 80 Official, special, for accident reports (35 Stat. L., 556) 16 Oil lands, entry and patents under mining laws (29 Stat. L., 526) 37 Olympic National Forest, excepting clause, land entries, decision 30 Onyx deposits, requirements for entry as mining claim, decision., 39 Operation, decisions , 17-18 forest reserve 14-18 Oregon Caves, injuring or defacing, penalty 75 desert-land laws 46-49 forest reserve changes, control (34 Stat. L. , 1256) 5 reserves, increase forbidden (36 Stat. L. , 847) 9 National Forests, note 9 Parks, National, protection, procediu-e (33 Stat. L., 700) 68-69 Patent, homestead entry, regulations 22, 24 issues, desert lands, requirements (19 Stat. L., 377; 26 Stat. L., 1095). 46, 47, 48 land, cancellation for fraud, requirements, decision 46 mineral lands, procedure for obtaining (R. S . , 2325) 34-35 Patents, land, suits to vacate (26 Stat. L., 1093) 26 mineral lands, evidence for establishment, etc. (R. S., 2332, 2337). . . 36 mining claims, conformity to survey (R. S. , 2327) 35 requirements, decision 40-41 nonmineral lands, requirements (R. S. , 2337) 36 subject to vested water rights (R. S. , 2340) 52 surface, on coal lands (35 Stat. L., 844) 43 Paulina National Forest, note 9 Penalty, defacing or injuring caves in Oregon 75 embezzlement of United States property 68 false swearing, in purchase of timber or stone lands (20 Stat. L., 89, sec. 2) 44 fire and depredation (30 Stat. L. , 11) 6 See also offense for which penalty is provided. Per diem allowance in lieu of subsistence and traveling expenses (37 Stat. L., 269) 76 Perjury, affidavit of settlement, forest-reserve lands, decision 75 penalty 68 Permits, examination of antiquities, ruins, etc 13 exploration, examination by field officer in charge 14 limitations and extension of time 13 termination at discretion 13 Personating United States officials or employees, penalty 68 Personnel, laws affecting 14-16 Petroleum lands, entry and patents under mining laws (29 Stat. L., 526) 37 Photographs, forest reserve, sale (34 Stat. L. , 1256) 17 Physician's certificate, requirement in compensation for injury (35 Stat. L., 556) 16 Placer claim not perfected for first owner after transfer, decision 40 claims, conformity to surveys, etc. (R. S., 2331) 36 location, right of investigation by Land Department, decision. . . 40 patents, procedure for obtaining (R. S. , 2329) 35-36 subdivisions, limitation of area, etc. (R. S., 2329, 2330, 2331) 35, 36 Plants, trees, etc., imports, free (36 Stat. L., 11) 61 Power permit on land withdrawn by the President, decision 57 mining claim 38 plants, right of way (29 Stat. L. , 120) 53 sites, withdrawal for lieu selections, decision 50 from raihoad rights of way, decision 56 President, authority for preservation of American antiquities (34 Stat. L. , 225) . . 12 to aefeat selection of school lands by State, decision 50 destroy unlawful inclosures on public lands (23 Stat. L., 321) 67 make withdrawals of public lands (36 Stat. L. , 847) 8 order reserving lands for forests, effect on purchase, decision 45 power to change Executive orders on National Forests (30 Stat. L . . 11 ) . 5 INDEX. 93 Page. Prisoners' support, appropriation liable for, decisions 79, 80 Proof, desert-land entries, extensionof time, conditions (35 Stat. L., 52) 48-49 irrigation requirements, decision 49 failure to submit at fixed time, decision 45 land entries, extension of time limit by Secretary of Interior 49 Property, forest reserve, legal provisions affecting 16-17 Government, sale 17 public, malicious destruction, penalty 68 Prosecution, duty of forest ofiicer, limitation 18 Prospecting, limitations (30 Stat. L., 11) 7 Protest, definition in land claims 30 Pulp wood, exportation from Alaska (33 Stat. L. , 628) 60 Purchase of timber and stone lands, individual examination required, decision. . 46 Purchaser of land, right of domain and alienation, decision 46 Race, no distinction in homestead claims (R. S. , 2302) 24 Railroad lands, timber cutting, rights, decisions 70 right of way, decisions 56 status on National Forest 6 Railroad-grant lands, decisions 50-51 within primary limit not part of National Forests, decision . 50 Railroads, construction necessary to complete right of way, decisions 56 right of way in Alaska (30 Stat. L., 409) 55 power of Secretary of Interior (30 Stat. L., 1214) 51 through public lands (18 Stat. L. , 482) 51 through National reservations, right of way (18 Stat. L., 482) 52 time limits for completion (18 Stat. L., 482) 52 Railway-station sites, use of public lands (18 Stat. L. , 482) 51 Range investigations, appropriations, 1912 (37 Stat. L., 269) 78 Ranger stations, appropriations, 1912, limitations, etc. (37 Stat. L., 269) 77, 80 Rangers, forest, exemption from road service 18 horses, mallein test, payment of cost 18 Receipts, forest, 25 per cent to States and Territories (34 Stat L., 251) 75 Receivers, procedure in land-claim cases, instructions for (39 L. D., 458) 18-19 Reclamation act, cultivation requirements excepted 25 Service, free use of timber and stone, National Forests (33 Stat. L., 706) 59 Reforestation expenses, appropriation, 1912, and decision 78, 81 Refund, abandoned timber-sale contract, decision 61 Refunds, decisions 81-82 to cooperative contributors (34 Stat. L., 669) 76 depositors using forest resources, etc. (34 Stat. L., 1256; 36 Stat. L., 1235) 76-77 Registers, procedure in land-claim cases, instructions for (39 L. D., 458) 18-19 Relinquishments, homestead entries, references 27 Reservations, National, right of way for railroads (18 Stat. L., 482) 52 See also Forest reserves. Reserves. See Forest reserves. Reservoirs, construction, compensation for injury to private rights (26 Stat. L., 1095) 53 Residence, homestead entries, decisions 29 Revenues, forest, covered into Treasury (34 Stat. L., 1256) 76 status of damages recovered in trespass cases, decision 79 Right of way, Alaska. Railroads, tramroads, and wagon roads, reference 55 as outlet for National forest timbers, provision for, decision 55 decisions 55-58 electric power, decision 57 for Government uses, decisions 55 irrigation 52, 53, 56-57 railroads, width (18 Stat. L., 482) 51 laws 51-55 special legislation granting, list of statutes 55 telegraph line. National Forest lands excepted, decision 58 through National reservations, licenses revocable (31 Stat. L., 790) 54 timber and stone lands (20 Stat. L., 89) 44 water, status. (R. S. 2339.) 94 INDEX. Page. Road, county, cooperation of Agriculture Secretary in construction 17 systems, State, cooperation with (37 Stat. L., 269) 17 Roads, appropriation from forest reserve receipts (37 Stat. L., 269) 17 construction, authorization and appropriation, 1912 77, 78, 79, 80 on unsurveyed public lands, operates as right of way, decision 55 on mining claim not available to meet requirements for patent, deci- sion 41 right of way in Alaska (30 Stat. L., 1409) 55 power of Secretary of Interior (30 Stat. L., 1214) 51 work, exemption of forest rangers 18 Robbery, United States property, penalty 68 Ruins, etc . , permits for examination, excavation, etc 13 Sailors, homestead claims, special provisions 22, 24 Sale, timber. See Timber sale. Saline lands, subject to mining laws (31 Stat. L., 745) 36 springs, control 8 Salt deposits, patents, requirements (31 Stat. L., 745) 36 San Francisco Mountains Forest Reserve, relinquished entry, decision 30 Juan National Forest, note 9 Sand, removal from public lands, decision 75 School funds, use of fines from fire trespasses (36 Stat. L., 1099) 65 lands, decisions 49-50, 71 exemption from entry under mining laws (27 Stat. L., 548) 36 New Mexico, administration by Forest Service, decision 50 selection by State nullified by President's order, decision 50 Schools, public, maintenance in forest reserve, permission (30 Stat. L., 11) 7 share in receipts from National Forests 11, 75 Secretary of Agriculture, Interior, etc. See Agriculture, Secretary; Interior, Secretary, etc. Seed purchase for forest planting, appropriation, 1912 78 Seizures, antiquities, authorization 14 Sequoia National Park, rights of way for public uses, permissive (31 Stat. L., 790) 53-54 Settlement claim selected by railway company, decision 51 rights, time for filing (21 Stat. L., 140) 25 Settlers on forest lands prior to Jan. 1, 1906, additional entry right 31 pri^-ileges on forest reserves 7 protection from location of forest reserve constructions (37 Stat. L. , 269) . 7, 17 rights on lands withdrawn (36 Stat. L., 847) 8 Shoshone National Forests, homestead laws 27 Siletz Indian Reservation, homesteads, references 27 Silviculture, laws relating to (31 Stat. L., 661) 59-62 Slate deposits, requirements for entry as mining claim, decision 39 Smithsonian Institution, relation to exploration of antiquities, ruins, etc 13 Secretary, authority over collections of antiquities. . . 14 Soldiers, homestead claims, special provisions 22, 24 Solicitor, action in claims to land in National Forests (39 L. D., 374) 20 South Dakota counties excepted in homestead entries 31, 32 desert-land laws 46-49 school lands in National Forests, status, decision 49 Special agent, instruction for land claims 18-19 Special-use permits, refunds, decisions 82 Squatters on imsurveyed lands, decisions 28-29 Stanislaus National Forest, notes 9 State jurisdiction, civil and criminal (30 Stat. L., 11) 7 legislature, consent to sale of lands, requirement (36 Stat. L., 961) 10 States, authority for conservation of forests and water supply (36 Stat. L., 961). 10 cooperation for protection of watersheds of navigable streams (36 Stat. L., 961; 37 Stat. L., 269) 10-12 in building roads and trails (37 Stat. L. , 269) 17 jurisdiction in National Forests (36 Stat. L. , 961) 11 share of forest receipts, paid by Secretary of Treasury 11, 75 Station expenses, appropriations, 1912 77-79 Stations, ranger, appropriations, 1912, limitations, etc. (37 Stat. L., 269) 77, 80 Stock, trespassing on public lands, etc., penalties 67-6§ INDEX. 95 Page. Stolen property, receiving, penalty 68 Stone, building, land entry under placer mining laws (27 Stat. L , 548) 36 free use by U. S. Reclamation Service (33 Stat. L., 706) 59 limitations (30 Stat. L., 11) 7 lands, sale, laws (20 Stat. L., 89) 44-45 Stores, location on railroad right of way, legalizing occupancy 56 Stream gangers, cooperative work, salaries, decision 80 Streams, navigability, preservation (36 Stat. L. , 961) 10 navigable, protection of watersheds (36 Stat. L., 961) 10-12 navigation rights, note 8 Street-car fares, allowance in transaction of official business (37 Stat. L., 269).. 76 Sundry civil appropriation act, 1890, extract 52 1897, extracts (30 Stat. L., 11) 5, 6-8 1912, extract (37 Stat. L., 455) 25 Supervisors, forest, commutation of leave not authorized 18 Supplies, contract prices, decision 81 Survey corners, Government, destroying, penalty 68 Surveys, agricultural lands in forests, by Forest Service (32 Stat. L., 269) 32 Swearing, false, homestead entries, amounts to perjury 23 Telegraph lines, right of way, exception of National Forest lands, decision 58 through National reservations, permissive (31 Stat. L., 790) 53-54 Telephone line, construction over patented land, consent of land owner re- quired, decision 55 cooperative construction, legal agreement 17 grant of free timber forbidden 17 lines, construction appropriation, 1912, and decision 78, 80 Forest Service, construction over public lands, no prior reser- vation required, decision 55 cutting, decision, penalties, etc 75 right of wav through National reservations, permissive (31 Stat. L., 790) 53-54 Territories, share of forest receipts, paid by Secretary of Treasury (Stat. L., 251) 34, 75 Timber and stone lands, canceled entries, decision 46 cutting and removal, forest reservations (31 Stat. L., 661) 60 from unapproved selections of railroad grant lands unlawful, decision 51 public lands, decisions 69-71 supervision required (30 Stat. L., 11) 7 dead and down, National Forests, sale to farmers, etc., at cost, author- ization (37 Stat. L., 269) 60 insect-infested, exportations from National Forests (34 Stat. L., 1256) 60 fire-killed and insect-infested, sale decisions 62 free grant to telephone line forbidden 17 use by settlers on forest reservations (31 Stat. L., 661) 60 United States Reclamation Service (33 Stat., L., 706) 59 limitations (30 Stat. L., 11) 7 land, reservation as National Forests (26 Stat. L., 1095) 5 lands, purchase from entryman, decision 46 sale, laws (20 Stat. L., 89) 44-45 preservation of existing claims (20 Stat. L., 89) 44 mineral districts, cutting allowed (20 Stat. L., 88) 64, 69 protection and use, purpose of forest reservation (30 Stat. L., 11) 6 public lands, cutting and removal (36 Stat. L., 1098) 63-64 use for agricultural and other purposes (26 Stat. L., 1093; 27 Stat. L., 444; 31 Stat. L., 1436) 65 reservation to owner selling lands for forest reserve (36 Stat. L., 961). . . 11 sale, provisions for (30 Stat. L., 11) 6 regulations (30 Stat. L., 11) 6 sales, advertisement by Secretary of Interior (31 Stat. L., 661) 59 California forest reserves, laws (34 Stat. L., 669) 60 emergency, on forest reservations (31 Stat. L., 661) 59 Minnesota National Forest, laws (35 Stat. L., 268) 60 private, on forest reservations (31 Stat. L., 661) 59 96 INDEX. Page. Timber sales, refunds, decisions 81-82 selling from mining claims, decisions 37, 38 testing and treatment, appropriation, 1912 77, 78 trespass act, 1878, extract (20 Stat. L., 88) 64 1888, extract (25 Stat. L., 166) 64 1891, extract (26 Stat. L., 1093) 65 1897, extract (30 Stat. L., 11) 64 criminal code act, 1909, extract (36 Stat. L., 1088, 1098) 63-64 public lands, laws governing 63-65 penalty (25 Stat. L., 166) 64 use and sale, authorization, appropriation act, 1912 (37 Stat. L., 269). . . 77 Timber-culture laws, amendment, act, 1891 (26 Stat. L., 1093) 26 repeal, notes (26 Stat. L., 1095) 5 Timber-sale act, 1897, extract (30 Stat. L., 11, 35) 59 contracts, decisions applicable 61-62 Town sites, National Forests, provisions for (R. S. 2286, 2380-2394) 58 Trails, appropriation from forest reserve receipts (37 Stat. L., 269) 17 department, to National Forests, obstruction, decision, penalties, etc. . 75 Tramroads, rights of way in Alaska (30 Stat. L., 409) 55 Transmission lines, National Forests, 50-year easements, decision. Attorney General 58 Transportation, horses of employees, appropriation liable for, decision 80 of effects, appropriations 76, 77 -, Traveling expenses, appropriations, 1911 and 1912 76, 77, 78fll Treasury, Secretary, payment of 25 per cent of forest receipts to States and ^< Territories (34 Stat. L., 251) 75 requirement to pay receipts from National Forests to States for schools and roads (36 Stat. L., 961) 11 Trees, young, Secretary of Agriculture authorized to furnish from forest nur- series (37 Stat. L., 269) 61 Trespass cases, refunds, decisions 82 forest reserves, settlement before entry 32 judgments recovered, status of funds, decision 79 Trespasses, decisions, penalties, etc 69-75 .. ^ fire, decisions, penalties, etc 71-72«iB | grazing, decisions, penalties, etc 72-75^P innocent and willful, decisions, penalties, etc 71 miscellaneous, against the United States, decisions, penalties, etc 67-68,75 public lands, laws governing 63-75 Tunnel sites, rights of owner (R. S. 2323).. 34 » Turpentine, cutting trees on public lands for, penalty (36 Stat. L., 1098) ^^fll Uinta National Forest, note 9 Utah, desert-land laws 46-49 Vein claims. See Mining claims. defined, decision 39 Violations of law, arrests, expenses, appropriations liable for, decisions 79, 80 Wagon roads, right of way, power of Secretary of Interior (30 Stat. L., 1214). . . 51 War, Secretary, jurisdiction, etc., over ruins and other American antiquities. . 13 member of Forest Reservation Commission 10 Washington, desert-land laws 46-49 forest reserve changes, control (34 Stat. L., 1256) 5 increase forbidden (36 Stat. L., 847) 9 school lands in National Forests, status, decision 49 Water conduits, rights of way tlirough National reservations permissive (31 Stat. L., 790) _. 53-54 for irrigation, rights prior to purchase of desert land, requirements (19 Stat. L., 377).!...... ..^ 46 power, withdrawal after sale illegal, decision 45 requii'ements for desert-land entries (19 Stat. L., 377) 46 rights of way, indi\ddual use, etc., status (R. S., 2339) 52 on administrative sites 58 supply, conservation by States (36 Stat. L., 961) 10 INDEX. 97 Page. Waters, control aud use, notes 8 mineral, control by Interior Department (30 Stat. L., 908) 41-42 Secretary of Agriculture, decision 41 property rights of United States 8 Watersheds, navigable streams, cooperation of States (37 Stat. L., 269) 12 protection (36 Stat. L., 961) 10-12 Weapons, concealed, permission for forest officers to carry 18 Weeks' forestry law, su])ervision in District of Columbia, payment, decision. . . 79 Wichita game refuge, authorization (33 Stat. L., 614) 14 Widows, employees', compensation for loss (35 Stat. L., 556) 15 homestead claims (R. S., 2291; 26 L. D., 436) 22,24,28 Wire, contract price, decision 81 Withdrawals, public land, authority of President 8 Witnesses, Government officers, payment of expenses, decision 79 Women, married, free homesteads opened to settlement 26 Wood distillation, investigations, appropriation, 1912 78 pulp, exportation from Alaska (33 Stat. L., 628) 60 Wyoming, desert-land laws ^ 46-49 forest reserve changes, control (34 Stat. L., 1256) 5 increase forbidden (36 Stat. L., 847 ) 9 Yosemite National Park, rights of wav for public uses permissive (31 Stat. L., 790) : 53-54 Zuni National Forest, notes 9 66777°— 13 7 o LENly'i3 <=^^z