U.S. DEPARTMENT OF AGRICULTURE Forest Service, Missoula, Mont. Freo) Morrell, District Forester TRESPASS ON NATIONAL FORESTS OP FOREST SERVICE DISTRICT 1 Digest of Fire, Game, Property, Timber, Occupancy, Grazing, Stock and Herd, Sanitation, and Mis- cellaneous Trespass Laws, both Federal and State, Applicable within the Natfonal Forests AND A Compendium of the Rules of Evidence, Investiga- tive Methods, and Criminal Procedure before United States Commissioner and State Magistrates, together with Speci- men Criminal Forms Prepared by P. J. O'BRIEN Under thb direction of thb District Forester WASHINGTON OOVERNMBNT PRINTING OFFICB 1922 U. S. DEPARTMENT OF AGRICULTURE iL , Forest Service, Missoula, Mont. Fred Morrell, District Forester TRESPASS ON NATIONAL FORESTS OF FOREST SERVICE DISTRICT 1 Digest of Fire, Game, Property, Timber, Occupancy, Grazing, Stock and Herd, Sanitation, and Mis- cellaneous Trespass Laws, both Federal and State, Applicable within the National Forests AND A Compendium of the Rules of Evidence, Investiga- tive Methods, and Criminal Procedure before United States Commissioner and State Magistrates, together with Speci- men Criminal Forms Prepared by P. J. O'BRIEN Under the direction of thk District Forester WASHINGTON GOVEKNMENT PRINTING OFFICE 1922 ^%i' A LIBRARY OF CONQKESS »€CEIVtO MAY1719J:. DOCUMENTS iJ v.JION FOREWORD. The object of this handbook is to give to the members of the Forest Service of district 1 a ready reference to the gist of the several criminal trespass laws, both Federal and State, having application on national forest lands and to the personal property of the Government. Instead of giving in full the text of each trespass law, it was deemed advisable to digest such laws, since it is felt that access to the full text of any statute is not necessary for the proper handling of a criminal trespass case by the field force. While the A'arious trespass statutes have been con- densed, it is believed that forest officers can acquire a com- prehensive knowledge, from the digest, of the substance of the trespass laws which they are required to enforce. With this knowledge in their possession, forest officers ought to be able to apply it intelligently to the facts of a criminal trespass case. The big things for forest officers to learn relative to law enforcement are the substance of criminal trespass statutes, the best methods of investiga- tion, and how to identify material evidence of the offense committed. The technical Avork of handling criminal trespass cases conformably to the rules of practice in justices' and pro- bate courts is generally attended to by the local county or prosecuting attorney, after consultation with the forest employee making the com})laint. However, it frequently happens that a criminal tres- pass case is tried before some justice of the peace, situated in an isolated locality, -where it is inconvenient for the county attorney to attend. On occasions of this kind, the complaining forest officer or employee should have suf- ficient knowledge of criminal procedure to assist the jus- tice in handling the case properly. Justices of the peace and pro])ate judges generally rely on the prosecuting officer of the county to a hise them in matters of this kind. Many of them, however, handle the criminal trespass cases brought before them without assistance from the county or prosecuting attorney. Whenever, therefore, a justice of the peace or probate judge is willing to proceed with the trial of a person charged with an offense within the jurisdiction of the court, the local forest ofhcer should present the evidence of guilt of the accused in its natural order, so that the justice's or probate court, as the case may be, may understand fully the facts relied upon to prove the guilt of the offender. To enable forest officers to conduct the prosecution of an offender in the inferior courts referred to, an effort has been made in this digest to define the ordinary steps to be taken to comply with the statutory requirements. These are very simple and with a little study can be compre- hended easily by any forest employee. If the offense committed be a felony under the State law, the accused must be tried in the district or superior court for the county where the crime was committed. The codes of the various States contain more or less detailed outlines of criminal procedure applicable in justices' and probate courts. Notes on the criminal practice of Montana and Idaho are embraced in this book, for the guidance of forest officers. Generally speaking, these rules are framed for the protection of the accused. Hence it is that strict adherence to them by the prosecut- ing officer and the court is necessary. The prosecution is always required to prove the guilt of the accused beyond a reasonable doubt, and hearsay or opinion evidence, which is generally inadmissible, is not sufficient to es- tablish a case under this rule. The important part of law-enforcement work is investi- gation. In order properly to investigate a given case, the forest officer should have some idea of what con- stitutes evidence of the facts to be established. In this digest there is a brief summary of the nature and prin- ciples of evidence, followed by some useful hints on investigation. Experience has shown that some forest officers have uuAnttingly failed to appreciate the evi- dentiary nature of things and events connected with criminal trespass cases until opportunity for collecting- definite information regarding them has vanished. It is realized, of course, that special talent is required for thorough investigative work, and not every forest officer can be a professional in this line. However, each one can improve his opportunity through a willingness to learn something of the commoner methods employed by experts. It may require more time to put a case through a Federal court than a State court. Wlien the oi.'ense charged is against a Federal statute, the first step in the proceeding, after the arrest of the offender, where arrest is considered necessary to prevent his escape, is a preliminary hearing before a United States commissioner, who, upon a shoAnng of probable cause, will commit the defendant to jail or admit him to bail pending action of the grand jury; after this the case is usually referred to the United States Attorney General, who forwards it to the proper United States attorney for presentation to a Federal grand jury. But where prompt action is necessary, the case may be taken up directly by the assistant to the solicitor Avdth the United States attorney, since the latter has general authority to proceed in criminal matters without instruc- tions from Washington. If the accused is indicted, he is generally tried at the following term of the United States district court. Consequently, the presence of Govern- ment mtnesses may in some instances be required on three different occasions to comply with the Federal pro- cedure. If the crime is a misdemeanor (an offense not not punishable by death or imprisonment exceeding one year or at hard labor), the United States attorney may begin criminal action in the district court by what is known as an information without first obtaining an indict- ment. A preliminary hearing before a United States com- missioner is not necessary in any case unless the accused has been arrested and, unless necessary, is inadvisable, since it adds to the expense and discloses the Govern- ment's case. () The aid of the local justice or prohate court may be invoked in criminal trespass cases unless the act committed is a serious offense for which the State law does not afford an adequate penalty, or the act is not a violation of State law. If the offender should be prosecuted in a Federal court, a trespass report following- in general Form 874-20 should be submitted to the district forester for reference to the assistant to the solicitor for consideration before any court proceedings are initiated, unless the immediate arrest of the offender is giecessary to protect the interests of the United States, or the trespasser is likely to escape or remove from the jurisdiction. Forest officers and employees are em])0wered l)y statute to make arrests without warrant for offenses committed in their presence against the national forest laws or regula- tions. With a warrant, a forest officer or employee may make arrests for offenses against national forest laws and regulations committed in or out of his presence. As a general proposition, however, it is always safer to secure a warrant from a United States commissioner or from a justice of the peace or probate judge or other magistrate and use it as a visible sign of authority to make the arrest. Only in rare cases is it necessary to make an arrest without a warrant. "When it is made under the stress of circum- stances, a full report of the facts of the trespass and of the action taken should be submitted immediately to the district forester, so that the assistant to the solicitor may- attend the preliminary hearing before the United States commissioner* or the magistrate liefore whom the prisoner will be required to appear. If it be unusually difficult or impracticable in a criminal trespass case to assemble all the facts and have them in the hands of the district forester in time for proper consideration prior to the pre- liminary hearing, a partial rei)ort should be sent by ordi- nary mail or night letter telegram. Forest officers are not authorized to make arrests for offenses against Federal laws not applicable to national forests. United States marshals and Iheir deputies are charged with this duty. The right of national forest eniployees to make arrests ^vith or without warrant for violation of State tire, game, and other trespass laws is defined by the statutes of each State within this district, l.aws on these subjects are to a degree dissimilar, and forest officers selected as deputy fire or game wardens should c:onsult this manual, under "Criminal procedure"' in Montana and Idaho, in order to be sure of their authority in this regard. When an arrest is made by a forest employee acting in his capacity of State deputy game or fire warden, the off. Building on national forest lands a camp fire in leaves, rotten wood, or other places where it is likely to spread, or against large or hollow logs or stumps where it is difficult to extinguish it completely. Fine of not more than 1500, or imprisonment for not more than 12 months, or both. The same. V"; 10 OFFENSK. 0. Building on ualioiuil forei-l iands a camplire in a dangerous place, or during windy weather, without confining it to holes or cleared i^paces from which all vegetable material has been re- moved. I D. Leaving a- camp fire without j 'J'he sanu completely extinguishing it. K. Building a camp fire on those portions of a National Forest withdrawn, without a permit, etc. V. Using steam engines or steam locomotives, in timber-sale opera- tions, etc., without approved spark arresters, unless oil is ex- clusively used for fuel. (Jr. Molesting, disturbing, interfer- ing with by intimidation, threats, assaults, or otlierwise any person engaged in the protection, pre- servation, etc., of the National , Forests. ' PENALTY. Fijie of not more than S.')*'"'. or im- prisonment for not inorc tlian 12 months, or botli. The v;iin The The same. DIGEST OF FEDERAL GAME LAWS. Act of July 3, 1918 (40 Stat. 755). It is unlaw^ful to hunt, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to purchase, pmchase, de- liver for shipment, ship, cause to be shipped, deliver for transpor- tation, transport, cause to be transported, recei ^e for shipment or export any migratory bird, or any part, nest, or egg of any such bird, except as authorized by the Secretary of Agriculture. A fine of not more than $500, or im- prisonment for not more than 6 months, or both. 11 OFFENSE. The regulations of the Secretary of Agriculture, so far as Idaho and Montana are concerned, permit the hunting of waterfowl (except wood ducks and swans), coots, gallinules, Wilson snipe, rails, l)lack-beUied and golden plovers, and greater and lesser yellowlegs from September 16 to December 31, inclusive, and mourning doves in Idaho from September 1 to De- cember 15, inclusive, from half hour before simrise to simset, and wlien lawfully taken iliey may be possessed during the 10 days im- mediately succeeding the close of the open season. Such birds may be killed only with a gun fii-ed from the shoulder, and may be Imnted with the aid of a dog, blind or floating device (other than an airplane, power boat, sail boat, any boat under sail, or any floating device towed by a power boat or sail l)oat), or de- coys. The bag limit for one day is: Ducks of all kinds 25 8 PENALTV. A fine of not more than S500, or i in- prisonment for not more than 6 months, or botli Brant 8 Rails, coots, and gallinules (in the aggregate) 25 Sora 5o Ulack-bellied and golden plov- ers and greater and lesser yellowlegs (in the aggregate). 15 Wilson snipe 25 Mourning doves 25 Note. — The Bureau of Biological Survey is charged with the duty of administering and enforcing this law, and that bureau or its field representatives should be infonned of any infractions noted by forest employees. 12 United States Criminal Code (35 Stat. 1088). OFFENSE. Section 242. It is unlawful for any person to deliver to a common carrier for transportation, or for a common carrier to transport, from one State to another, the dead bodies or parts of any wild animal or bird killed or sliipped in violation of the laws of the State where killed or from wliich shipped. Section 243. All packages contain- ing dead bodies, plumage, or parts of game animals or wild birds, when shipped in interstate or foreign commerce must be plainly and clearly marked on the outside with the name and address of the shipper and nature of the contents. Section 84. It is unlawful to hunt, trap, capture, willfully disturb, or kill a bird of any kind on any lands of the United States set apart by law, proclamation, or executive order as a bird reserve or breeding ground, except under regulations made by (he Secre- tary of Agriculture. A fine of not exceeding S200. A fijie of not moie than $500, or imprisonment for not more than C) months, or V)0th. Regulation T-7. of the Secretary of Agriculture. offense. It is unlawful to go or be upon national forest lands, or in the waters thereof, with intent to hunt, catch, trap, or kill, etc.^ any game animal, game or non- game bird, or fish, or to take the eggs of any such bird, in violation of the laws of the State where the lands or waters are situated. A fine of not more than $500, or imprisonment for not more than 12 months, or both. 13 DIGEST OF FEDERAL PROPERTY TRESPASS LAWS. United States Criminal Code (35 Stat. 1088). OFFENSE. Section 46. It is unlawful to rob another of any kind or descrip- tion of personal property belong- ing to the United States, or fel- oniously to take or carry away the same. Section 47. It is unlawful to embezzle, steal, or purloin any money, property, record, vouch- er, etc., of the United States. Section 48. It is imlawful to con- ceal, receive, or aid in concealing, or retain in possession any money, property, record, or voucher, etc., which had there- tofore been embezzled, stolen, or purloined. Section 56. It is luilawful know- ingly to open any gate, or des' troy the same or any fence, hedge, or wall inclosing lands of the United States which have been reserved or purchased pur- suant to' law, or to drive stock, etc., on such lands. Section 57. It is unlawful to re- move, deface, destroy, or change, any section corner, witness tree, or meander post on any Govern- ment line of survey, or any monument or bench mark. Section 60. It is unlawful wil- fully or maliciously to injure or destroy any telephone or tele- graph line or part thereof, the property of the United States, or obstruct, delay, or hinder the transmission of any commvmi- cation over such lines. Sections, 87, 89, 90, 91, 92, 96, 97. It is imlawful for any person in possession of, or any disburs- ing officer of the United States, or a person acting as such to A fine of not more than $5,000, or imprisonment for not more than 10 years, or both. A fine of not more than §5,000, or imprisonment for not more than 5 years, or both. The same. A fhie of not more than $500, or imprisonment for not more than 1 year, or l)oth. A fine of not more than $250, or imprisonment for not more tlian 6 months, or both. A fine of not more than $1,000, or imprisonment for not more than 3 years, or both. A fine of not more than the amount embezzled, or imprisonment for not more than 10 years, or bot h 14 OFFENSE. convert to his own use money or property of the United States, or loan or deposit in any place pub- he money, except as authorizecl by law. Section 128. It is unlawful to conceal, remove, obliterate, steal, or destroy any map, record, book, proceeding, paper, or docu- ment on file in any public office, or filed with any judicial or pub- lic oflRcer of the United States. A. fine of not more than S2,000, or imprisonment for not more than 3 years, or both. Act of June 8, 1906 (34 Stat. 225). PENALTY. A fine of not more than $500, or imprisonment for not more than 90 da vs. or both. It is imlawful to appropriate, ex- cavate, injure, or destroy any prehistoric ruin or monument upon lands owned or controlled ])y the United States, without the permission of the secretary of the department having jurisdic- tion of the lands. Regulation T-S, of the Secretary of Acjriculture. OFFENSE. I PENALTY. It is imlawful to violate the terms of Regulation T-3, which applies only to national forest lauds and property. This regulation makes it imlawful to tear down, or deface a Forest Service notice, or destroy, molest, injure, or dis- turb property used or acquired for use in the administration of the national forests, to damage roads or trails imder the juris- diction of the service, or to multi- late, deface, or destroy objects of natural beauty or scenic value on national forest lands. The going or being upon such lands with intent to destroy, molest, injure, or disturb property used, or acquired for use by the United States in the administration of the forests, is forbidden. A fine of not more than $500, or imprisonment for not more than 12 months, or both. 15 DIGEST OF FEDERAL TIMBER TRESPASS LAWS. U, S. Criminal Code (35 Stat. 1088). Section 49. It is imlawfiil to cut, wantonly destroy, or cause to be destroyed any timber growing on the public lands of the United States, or to remove or export the same. Section 50. It is imlawfnl to cut, injure, or destroy wantonly any tree growing or standing upon lands of the United States re- served by law or regulations, etc. Sfxtion 51. It is luilawful to cut, box, chip, or chop any tree on land of the United States for the purpose of collecting pitch or turpentine, etc. penalty. A fine of not more than 11,000, or imprisonment for not more than 1 voar, or both. V fine of not more than $500, or im- prisonment for not more than 1 year, or both. I'ho same. Regulation T-5, of the Secret anj of A(jruidture PENALTY. It is unlawful to violate any of the provisions of Regulation T-5, which applies only to timT)er on national forest lands. A fine of not more than $500, or im- prisonment for not more than 12 months, or both. DIGEST OF FEDERAL OCCUPANCY TRESPASS LAWS. Ad of February 25, 1886 (23 Stat. 321). offense. I Jt is unlawful for any person, party, association, or corporation to inclose any public land ftf the United States, or to maintain such inclosure, without color of title or lawful claim, etc., or to \ advise, counsel, or assist in the I inclosure of or maintenance of ] ttie in-josin-o of such lands. i PENALTY. A fine of not more than $1,000, or imprisonment for not exceeding 1 vear, or both. 16 Regulation T-8 of the Secretary of Agriculture. OFFENSE, It is unlawful to violate any of the provisions of Regulation T-8, which prohibits the squatting or settlement on national forest lands, or the maintenance or con- struction of any works, or any business enterprise, or any fence, structure, or inclosure, without a permit. This has no application to road construction liy States and counties. A fine of not more than §500, or im- prisonment for not more than 12 months, or both. Regulation P-'i of the Secretary of Agriculture. It is unlawful to violate any of the provisions of Regulation P-4, which applies only to national forest lands. This regulation prohibits having or leaving in an exposed or insanitary condition camp refuse or debris, or deposit- ing any polluted substance or substance likely to cause pollu- tion in any of the streams, lakes, or waters within or bordering on national forests. PENALTY. A fine of not more than $500, or im- prisonment for not more than 12 months, or both. DIGEST OF FEDERAL GRAZING TRESPASS LAWS AND REGULATIONS. Regulation T-6 of the Secretary of Agricultun. OFFENSE. [t is unlawful to violate any of the provisions of Regulation T-6, which prohibits t he grazing upon or driving across national forest lands of any live stock without permit, or grazing stock on closed area, etc., or handling stock con- i trary to the terms of a permit. A fine of not more than S500, or im- prisonment lor not more than Vl months, or both. 17 Act of May 29, 1S84 (23 Stat. 32). It is unlawful for any railroad company or the owners of any steam or sailing vessel to receive for transportation or to transport from any State to another any live stock affected with any contagious, infectious, or com- mimicable disease, or for any person to deliver to any railroad company or owner of a vessel for transportation stock so infected. It is also unlawful to drive in- fected cattle from one State to another. PENALTY. A fine of not less than $100 nor more than $5,000, or imprison- ment for not more than I year, or both. Act of February 2, 190S (32 Stat. 792). offen.se. It is unlawful to violate any of the terms of the stock sanitary regu- lations, made by the Secretary of Agriculture, to prevent the introduction or dissemination of contagious, infectious, or communicable animal diseases through the movement of stock from one State to another. PENALTY. A fine of not less than $100 nor more than $1,000, or by im- prisonment for not more than 1 j'ear, or both. MISCELLANEOUS FEDERAL TRESPASS LAWS. U. S. Criminal Code (35 Stat. 1088). offen.se. Section 32. It is unlawful for any person falsely to assume or pretend to be an officer or em- ployee of the United States, with intent to defraud the United States or any person, or to demand or obtain in such pre- tended character any money, paper, document, or other valuable thing. 110113 — 22 2 penalty. L fine of not more than $1,000, or imprisonment for not more than 3 years, or both. 18 OFFENSE. Section 31. It is unlawful to ad- minister oaths, or to take and certify acknowledgments relative to any bond, contract, proposal, undertaking, or other matter in which an oath is required by law or regulation, unless the person taking .'^uch oath 1)6 present. Section 37. It is unlawful for two or more persons to conspire either to commit an offense against the United States, or to defraud the United States in any manner or for any purpose, and if one or more of such parties do any act to effect the object of the conspiracy, each of the persons involved is criminally liable. Section 125. Perjury.— Any per- son who takes an oath required by a Federal statute to testify and depose truthfully is guilty of perjury if, willfully and contrary to such oath, he testifies or sub- scribes falsely as to any material fact . Section 40. It is unlawful to take or carry away without authority from the I'nited States, from tlie place where it is filed or kept by authority of the United States, any certificate, affidavit, deposi- tion, written statement of facts, receipt, voucher, record, of paper, etc., with 'intent to use it to procure payment of money from the United States. Section 58. The use of threats or force to hinder, interrupt, or prevent the survey of public lands is forbidden. PENALTY. A fine of not more than $2,000, or by imprisonment for not more than 2 vears, or both. A fine of not more than SI 0,000, or by imprisonment for not more than 2 years, or both. \ fine of not more than $2,000, or imprisonment for not more than 5 vears. A fine of not more than $5,000, or by imprisonment for not more than 10 years, or both. A fine of not more than 53,000, or imprisonment for not more than 3 vears. 19 OFFENSE. Section 98. Contracting to pay for the construction, repairing, or furnishing of a public building more than the amoimt appro- priated for such purpose is illegal. Section 39. Whoever shall prom- ise, offer, or give any money or other valuable thing to any officer of the United States with intent to influence his decision or action on any question, mat- ter, cause, or proceeding pending before him is guilty of a feldny. Section 85. Any officer or em- ployee of the United States, who under color of his employment commits any act of extortion, is guilty of a crime. Section 136. It is mxlawf ul for two or more persons to conspire to deter by force, intimidation, or threat any person from testifying for the United States fully and truthfully in any court of the United States, or before any United States commissioner. Section 118 - 122. It is legally wrong for any Federal officer or employee to solicit or receive any money from any other Federal officer or employee, or to degrade, discharge, or promote any Fed- eral employee for failing to make any political contribution. It is also contrary to law for a Fed- eral officer or for any one to solicit funds in a public l)uilding for political purposes. penalty. A fine of not more than $2,000, or by imprisonment for not more than 2 years. A fine equal to three times the value of the thing offered, prom- ised, or given, and imprisonment for not more than 3 years. A fine of not more than $500, or imprisonment for not more than 1 vear, or both. A fine of not more than §5,000, or imprisonment for not more than 6 years, or both. A fine of not more than 85,000, or imprisonment for not more than 3 years, or Ijoth. PART II. DIGEST OF MONTANA FIRE TRESPASS AND BRUSH DISPOSAL LAWS. Revised Code of 1921. Section 11476. It is unlawful for any one willfully and maliciously to burn any bridge valued at more than $50, or any building, snowshed, vessel, grain stack, growing or standing grain, grass, tree, or fence, not his property. Section 1834. Failure of any paid ■ fire warden (and sheriffs, deputy sheriflfs, game wardens, and deputy game wardens are deemed paid fire wardens) to prosecute, etc., for violations of the law. Section 1835. Failure of able-bod- ied citizens between the ages of 18 and 50 years^ residing in the vicinity, on formal request of a fire warden, to assist in putting out fires, except for good and suf- ficient reason, it being provided that no citizen shall be called upon to fight fire a total of more than five days in one year. Section 1838. Destroying, defac- ing, removing, or disfiguring fire notices posted under provisions of the act. Imprisonment in the State prison for not less than 1 year nor more than 10 years. Fine of not less than $20 nor more than $1,000, or imprisonment in county jail for not less than 10 days nor more than 12 months, or both, and forfeiture of office. Fine not less than $15 nor more than $50, or imprisonment in county j ail for not less than 1 nor more than 30 days, or both . Section 1839. Failure of county attorney to prosecute upon proper complaint filed with him, for a violation of the act, etc., or of any magistrate. (20) Fine of not less than $15 nor more than $250, or imprisonment in county jail for not less than 10 days nor more than 3 months, or both. Fine of not less than $100 nor more than $1,000 and his office de- clared vacant by the district court. 21 OFFENSE. Section 2765. No person (except a settler who is clearing his land for agricultural purposes not including the burning of slash- ings, or in case brush to be burned is piled up and there is a clear space of 30 feet around such pile) shall burn any forest mate- rial from June 1 to September 30, inclusive, without first obtaining a written permit from the State forester, a warden, or a ranger. Setting out a fire contrary to the. terms of the permit . Setting out a fire more than 10 days after date of permit. Setting out the fire when the wind is blowing to such an extent as to cause danger of the fire spread- ing beyond control of the person setting it. Setting out a fire without sufficient tools and help present at the time of setting it out, and there- after to control it. Failure of the person setting out the fire to watch it until it is out. Section 276G. Any person who shall set or leave any fire on any land within the f^tate which shall spread and damage or de- stroy property of any kind not his own. Any person who shall maliciously set a fire on his own or on an- other's land with intent to de- stroy property not his own, etc. Kindling a camp fire during the closed season, on land not his own. in or dangerously near any forest material, and leaving the same unquenched. PENALTY. Fine of not less than S25 nor more than $500, or imprisonment in county jail for not less than 10 days or more than 90 days, or both. The same. The same. The same. The same. The same. Fine of not less than $10 nor more than SoOO. Felony. Imprisonment in the State penitentiary for not less than 1 j'ear nor more than 50 years. Fine not less than $10 nor more than $100, or imp\risonment in the county jail for not more than 60 da vs. 22 Throwing away any lighted cigar, cigarette, or matches, or using firearms, or any other act which shall start a fire in forest material not his own, and leaving the same unquenched. Section 2768. For failure of any magistrate having jurisdiction to prosecute for the violation of the act. Section 2769. Any person who shall set or leave any fire on his own or on another's land that shall spread and damage or de- stroy property of any kind not his own, etc. Section 2771. Any person, firm, or corporation (except actual set- tler clearing his land for agricul- tural purposes, not including the burning of slashings) failing to burn or otherwise dispose of within 1 year from date of cut- tings, brush, slashings, and other inflammable material resulting from timlier cuttings. Section 2772. Failure to dispose of or burn within 2 years of date of this act, brush slashing and inflammable material resulting from cuttings made since Octo- ber 1, 1918. Section 2773. Burning such brush slashing, or other inflammable material from June 1 to Septem- ber 30, inclusive, without obtain- ing a permit in writing from State forester or any of his sub- ordinates. Violations of the terms of the per- mit or the rules and regulations for burning. Failure of actual settler to obtain permit to burn slashings. Fine of not less than §10 nor more than .1100, or imprisonment in the county jail for not exceeding 60 days. Fine of not less than .1100 nor more than $1,000 and dismissal from office. Liable in a civil suit for aU .dam- ages caused thereby: also for all costs and expenses incurred by the State of Montana, or by any forestry association, or by any person in extinguishing or pre- venting the spread of such fire. Fine of not less than .?2o nor more than $500, or by imprisonment in the county jail for not less thaii 10 nor more than 90 days, or both . The same. The same. The same. The same. 28 DIGEST OF THE FISH AND GAME LAW OF MONTANA. Bevised Code of 1921. OFFENSE. PEN ALT V. Section 3716. It is unlawful to A fiue of not loss than $2.5 nor mon have in possession any seine, net, or similar device for captur- ing fish. than .$.")00, or imprisonment in the county jail for not less than 10 days nor more than ISO days, or both. Note.— This does not apply to owners of private fish ponds as defined under the statute, nor to persons having unexpired seine or net license: nor does it apply to a landing net used in connection with a fishing pole. Section 3717. Catching, stunning, ; or killing fish with the aid of : giant powder, or other explosive 1 compound, or through the use of corrosive or narcot ic jioison or other deleterious substance is prohibited. Section 3718. It is unlawful for any person or corporation oper- ating a sawmill on or near any stream, pond, lake, or river to deposit sawdust, bark, shavings, oil, ashes, cinders, or debris in any of such waters or in any place where such ddbris is likely to be carried into such waters. Section 3719. Killing or capturing moose, bison, buffalo, caribou, or antelope at any time is for- bidden. Section 3720. Chasing with dogs any deer, elk, moose, buffalo, caribou, antelope, moimtain goat, or momitain sheep is pro- hibited. Section 3721. Trapping for the purpose of sale or domestication of any buffalo, elk, moose, moun- tain sheep, or mountain goat is forbidden. A fine of not less than -W)') nor more than $1,000 or l)y imprison- ment in the county jail for not less than 6 months nor more than 1 year. .\ line of not less than $25 nor more than $500, or imprisonment in the county jail, for not less than 10 days nor more than ISO days, or both . Tlie same. The same. 24 OFFENSE. PENALTY A fine of not less than $25 nor more than $500, or imprisonment in the county jail for not less than 10 days nor more than 180 days, or both. The same . The same. Sectiox 3742. It is unlawful to | sell or ofler for sale any game I animal or bird, or part thereof, except that game specimens may j be sold under {)ermit from the j State game warden. j Section 3722. Trapping or killing ; of beaver without a special license from the State game warden is | forbidden. j Failure to make written report of the number of beaver killed and , the manner in which they were i disposed of, within .30 days of I the date of such killing, to the i State fish and game warden is a misdemeanor. Killing or capturing of marten is prohibited except under spwial license from the State fish and game warden. The period with- in which the killing of marten may be legally authorized is from September 15 to May 1. Section 3679. Any person, firm, j A fine of not more than $300, or by or corporation violating any rule " ' " "'" '^^ ^-- '~'' The same. imprisonment in the county jail for not more than 90 days, or both, and forfeiture of license. regulation, or order of the State fish and game commission made pursuant to law, or any officer I who fails to enforce the fish and | game laws, is guilty of a crime, j Section 3682. It is unlawful for } A fine of not more than .$500 nor any person to take, hunt, shoot, i pursue, or kill any game, game I birds, or animals without first having procured a license, and in the manner and ■ndthin the ' period prescribed by law. i Note. — Game animals are defined by law as deer, elk, moose, antelope, bison or buffalo, caribou, mountain sheep, and mountain goat. Game birds are quail, Chinese pheasant, Hungarian pheasant, partridge, wood duck, curlew, swan, loon, turtle dove, grouse, prairie chicken, sage hen, sage grouse, fool hen, pheasant, wild geese, wild ducks, and brant. less than $25, or by imprisonment in the county jail for not less than 10 days nor more than 180 days, or both, and forfeiture of license for not less than 1 year. 25 OFFENSE. i PENALTY. Takiiif; fur-bearing animals with A fine of not less than $25 norniore traps or other devices without a I than $500, or by imprisonment license is forbidden by law. i in the county jail for not less than 10 nor more than ISO days, or both. Note. — Fur-bearing animals are defined by law as marten, otter, fox, sable, muskrat, and fisher. It is unlawful to take, capture, or fish without having first pro- cured a license. Section 36S4. It is unlawful to misrepresent any facts as to citi- zensliip or alienage with intent to obtain any kind of a license for a fee less than that established by law. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than ISO days, or both. The same. Note.— Licenses are classified as: (a) resident, general: (b) non- resident, general; (c) nonresident, limited: (d) nonresident, fish- ing: (e) alien, general; (f) alien, fishing; (g) trapper's. Section 3689. No person to whom a license has been issued shall be entitled to take fish, birds, or animals of the species specified in the act unless at the time of taking he shall have such license in his possession. To refuse to exhibit a Ucense on the request of a warden or other , officer or person is unlawful. Note: Persons under 15 years of age may hunt and fish during the open season without a license. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for a period of not less than I year. The same. Section 3692. It is illegal to alter or change in a material manner, or loan, or transfer to another a license, or to make any false statement in an application for a license. Section 3694. Capturing, shooting, killing, or attempting to capture or kill any game animal or bird from an automobile, or with the aid of any set gun, light, trap, snare, or other device (not in- cluding blinds or overdecoys in shooting wild water fowl) is for- bidden. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than ISO days, or both, and forfeiture of license for a period of not less than 1 year. The same. 26 OFFENSE. It is contrary to law to kill or hunt game animals or birds from any airplane, power boat, sail boat, or any floating device towed by a power or sail boat. It is unlawful for a person to have in his possession in forest or field while hunting any device de- signed to silence or muffle or minimize the report of a firearm. It is unlawful to catch in the public waters of Montana in any one day more than 50 game fish of a gross weight of 25 pounds, and not more than 10 of such fish shall be less than 6 inches in length. It is unlawful for a person to have in his or her possession at any time more than 50 game fish of a gross weight of 25 pounds. It is unlawful to catch any game fish through ice. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than ISO days, or l>oth, and forfeiture of license for not less than 1 year. The same. The same. The same. Note. Game fish are defined as mountain trout, rainbow trout, eastern brook trout, grayling, Rocky Mountain whitefish, steel- head trout, black bass, Dolly Varden trout, and Lock Levin trout. For law relative to the taking of fish from ponds or lakes privately owned or controlled, see section 14a of chapter 238, Montana Session Laws of 1921. Section 3696. The killing, shoot- ing, hunting, or capturing of any elk between the 15th day of November of any year and the 15th day of October of the fol- lowing year, or the kilUng, shoot- ing, hunting, or capturing of more than one elk, or the leaving in the field or woods of any por- tion of an elk suitable for food is forbidden . The htmting, killing, shooting, or capturing of elk at any time within the counties closed by law and not subsequently de- A fine of not more than $1,000 nor less than $500, or by imprison- ment in the penitentiary for not less than 6 months nor more than 1 year, or both, and forfeit- ure of license for a period of not less than 1 year. It is doubtful if a violation of this portion of the section is more than a misdeaneanor punishable by a fine of not less than $25 nor 'Zi clared open for hunting by the mors than $500, or by imprison- Fish and Game Commission. ment in the county jail for not less than 10 days nor more than 180 days, or both, and forfeiture of license for a period of not less than 1 year. >,ToTE.— All counties of the State are closed for elk hunting through- out the year, except Flathead, Park, Sweet Grass, Teton, Pondera, Glacier, and Madison Counties, and that portion of Lewis and Clark County drained by the South Fork of the Flathead River, and that part lying north of the Dearborn River not included in a game pre- serve. Hunting is permitted also during the open season m those parts of Missoula and Powell Counties lying west of the North l^ork of the Big Blackfoot River and north of the Mam Big Blackfoot River west of the confluence of the two streams. Also, hunting during the open season is allowed in those portions of Missoula and Powell Counties drained by the waters of the South Fork of the Flathead River and within those ])ortions of Missoula (\)unty lying east of Belmont Creek from its source, north of the Big Blackfoot River and east of the confluence of said Belmont Creek with the Big Blackfoot River at the west end of Nine Mile Prairie, also that por- tion of Missoula County drained by streams flowing into Swan River, also that portion of Gallatin County north of the North Fork of Sixteen Mile Creek. Section 3697. It is unlawful to himt, shoot, kill, or capture any deer in the closed season or more than one deer with visible horns in the open season, or to kiU or capture at any time any female deer. A fine of not more than $.500 nor less than $25, or by imprison- ment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for not less than 1 year. Note.— The open season for deer hunting is from November 1 to December 1, inclusive of each year in a Umited number of counties in Montana. Section 3698. The law declares it to be a misdemeanor to destroy evidence of the sex of any deer killed. Section :i699. It is illegal to hunt, shoot, kill, or capture any Rocky Mountain sheep or goat in any part of Montana prior to October 1, 1926. A fine of not more than $500 nor less than $25, or by imprison- ment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for not less than 1 year. The same. 28 PENALTY. A fine of not more than $500 nor less than $25, or by imprison- ment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for a period of not less than 1 year. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 180 days, or both, and forfeiture of license for not less than 1 year. Section 3700. Under this section the hunting, shooting, killing, or capturing of quail, Chinese pheas- ant, Hungarian pheasant, wood tluclc, curlew, swan, loon, or turtle dove at any time or place -within the State is prohibited. Section 3701. It is unlawful to hunt, shoot, kill, or capture any groase, prairie chicken, sage hen, sage grouse, fool hen, pheasant, or partridge, except from Octo- ber 1 to October 15 inclusive of each year, and then it is lawful only in the counties of Flathead, Missoula, Lincoln, and Sanders before September 15, 1923. It is illegal, too, for any person to shoot, kill, or capture in any one day more than five birds of any kind, or for any person to have in possession more than five of any kind at any one time. \ Note. — The Fish and Game Commission of Montana has discre- tionary power to close anv territory' for hunting or fishing and to modify the law relati\e to closed or open periods (Chap. 193, Session Laws, 1921). Section 3703. It is unlawful to himt, shoot, kill, or capture any wild geese, wild duck, or brant, except from the 16th day of Sep- tember of any year to the 1st of January of the following year, or to shoot, kill, or capture more than 20 ducks, 8 geese, or 8 brant. Section 3704. The law prohibits the shooting, killing, trapping, or capturing of marten, otter, fox, sable, muskrat, or fisher, except from the 1st day of No- vember of any year to the 1st day of April of the following year. A fine of not less than $25 nor more than $500, or by imprisonment in the coimty jail for not less than 10 days nor more than 180 days, or both, and forfeiture of license for a period of not less than 1 year. The same. 29 Sections 3761 to 3770. Violation of the terms of tlie laws which created the Flathead, Gallatin, Highwood, Powder River, Pryor Mountain, Snow Creek, Snowy Mountain, Sun River, and Twin Buttes Game Preserves. Sections 3771 and 3772, Violation of the provisions of the law which created the South Moccasin Game Preserve. Sections 3775 and 3776. Violation of the provisions of the law which created the Beaverhead Fish and Game Preserve. Sections 3773 and 3774. Violation of the provisions of the Act which created the Blackleaf Game and . Bird Preserve. penalty. A fine of not less than $25 nor more than $500, or imprisonment in the coimty jail for not less than 10 days nor more than 180 days, or both. A fine of not less than $50 nor more than $500, or imprisonment in the coimty jail for not more than 90 days, or both. A fine of not less than $25 nor more than $100, or imprisonment in the comity jail for not less than 30 days nor more than 6 months, or both. A fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 10 nor more than 100 days, or both. Note.— Should any Forest officer desire to be informed of the boundaries of any of the Game Preserves of Montana, he should, request the information from the District Forester. DIGEST OF MONTANA PROPERTY TRESPASS LAWS. Revised Code of 1921. OFFENSE. Section 11345. Maliciously burn- ing in the nighttime an inha- bited building in which there is at the time some human being. Maliciously burning with intent to destroy any building, house, edifice, structure, vessel, railroad car, tent, camp wagon, sheep wagon, or other erection capable of afliording shelter. Section 11348. Any person who shall enter in the nighttime any house, room, apartment, tene- ment, shop, warehouse, store, Imprisonment in the State prison for not less than 5 years. Imprisonment in the State prison for not less than 1 nor more than 10 years.. Imprisonment in the State prison for not less than 1 nor more than 15 years. 30 OFFENSE. mill, barn, stable, outhouse or other building, tent, vessel, rail- road ear, with intent to commit grand or petit larceny, or any felony, is guilty of burglary in the first degree. Any person who shall enter in the daytime any of the structures de- fined in the last section, with intent to commit grand or petit larceny, or a felony, is guilty of burglary in the second degree. Section 11352. Any person who shall commit burglary with the use of nitroglycerin, dynamite, gimpowder, or other high explo- sive. Section 11482. It is unlawful for any person to tear down, break, or injure any fence or other en- closure for the purpose of enter- ing on the land of another with- out the consent of the owner or the occupant. Sections 11373 xsn 11374. Any person who takes any property with intent to defraud the true owner of his jiroperty, or the use and benefit of the same, or ob- tains possession of the property, by the aid of any fraudulent or false representation, or makes any check, order, or draft for the payment of money, upon any bank, knowing at the time of such making, or drawing, that sufficient funds are not available, etc., is guilty of larceny. If the value of the thing taken or ob- tained exceeds in value the sum of S50, or if the property is taken from the person of another, it is grand larceny. If the value of the thing taken or obtained is less than $50, the crime is petit larceny. Imprisonment in the State prison for not more than 5 years. Imprisonment in the State prison for not less than 15 years nor more than 40 vears. A fine of not less than SIO nor more than $500, or imprisonment in the county jail not exceeding 6 months, or both. j For grand larceny the penalty is i imprisonment in the State prison I for not less than 1 nor more than j 14 years. I For petit larceny the punishment I prescribed is a fine of not more I than $500, or imprisonment in the ' county jail for not more than 6 months, or both. 31 OFFENSE. SECTION 11476. It is unlawful for any person willfully and mali- ciously to burn any bridge ex- ceeding $50 in value, or any stack of grain or hay, or any growing or standing grain, grass, tree, or fence belonging to another. Section 11481. It is unlawful will- fully or maliciously to cut down, destroy, or injure any kind of wood or timber growing or stand- ing on the land of another, or carry away from such lands any timber or wood, or mahciously to injure or sever any property from such land. To destroy, deface, or injure any door, window, or other portion of a vacant residence or other building or maliciously opening any closed door or window of such building without the con- sent of the owner, tenant, etc., is a crime. Section 11487. It is a crime will- fully and maliciously to cut, break, in jure, or destroy any dam, bridge, canal, flume, aqueduct, levee, embankment, reservoir, or other structures erected to create hydrauUc power, or for mining, manufacturing, agri- cultural, or municipal purposes. Section 114S8. Maliciously to cut, sink, break, injure, or set adrift, any boat or vessel the property of another is a crime. Section 114S9. Every person who unlawfully obstructs the naviga- tion of any navigable stream, is guilty of a misdemeanor. Section 11491. Defacing, destroy- ing, or tearing down any copy of or extract from any law of the United States, or of the State of PENALTY. Imprisonment in the State prison for not less than 1 nor more than 10 years . A fine of not more than $500 or im- prisonment in the county jail for not more than 6 months, or both. The same. A fine of not less than $100, or im- prisonment in the county jail for not more than 2 years, or both . A fine of not more than $500. or im- prisonment in the county jail for not more than 6 months, or both. The same. A fine of not more than $100, or imprisonment in the county jail for not more than 3 months, or both. 3-2 OFFENSE. . Montana, or any proc-lamation, advertisement, or notification set up at any place in the State of Montana by authority of any law of the United States or of Montana, is prohibited. Section 11499. Willfully break- ing, digging up, obstructing, or injuring any pipe or main con- ducting water or gas, or any works erected for supplying buildings with water or gas, is a misdemeanor. Section 11512. Willfully adminis- tering poison to any animal, the property of another, or exposing the same with intent to have it taken by an animal, the property of another, is a felony. Section 1152S. Willfully leaving open the gate loading in or out of any inclosed premises is a mis- demeanor. Section 11233. Any person who maintains anything injurious to health, or indecent or offensive to the senses, or anything that is an obstruction to the free use of property, so as to interfere with the comfortable enjojTnent of life and property by a commu- nity or neighborhood, or any con- siderable number of persons, etc., is guilty of maintaining a pubUc nuisance. Section 11235. Putting dead ani- mals or the offal of a slaughter pen or butchershop in any river, creek, pond, reservoir, or public highway, or on the borders of any stream, lake, etc., from which the water supply of a city or town is taken, is illegal. A fine of not more than .$500, or imprisonment in the county jail for not more than 6 montlis, or both. Imprisonment in the State prison for not more than 3 years or in the county jail for not more than 1 year, or a fine of not more than $500, or both. A fine of not more than $25. A fine of not more than $500, or imprisonment in the county jail for not more than 6 months, or both. A fine of not more than $1,000, or imprisonment in the county jail for not more than 1 year, or both. Section 11210. Defacing marks upon logs, lumber, or wood, or placing false marks thereon, with intent to prevent the owner from identifying or discovering his property, is a crime. Section 11194, Willfully poison- ing food, medicine, or water, or drink, or any well or spring or reservoir of water, is a felony. Section 11474. Every person who maliciously injures or destroys any real or personal property not his own is guilty of a crime. A. fine of not more than $.')00, or imprisonment in the county jail for not mnro than (> months, or both. Imprisonnicut, in iJie Stale prison for not less than 1 nor more than 10 years. A fine of not more than $.300, or imprisonment in the county jail for not more than 6 months, or both in case of a misdemeanor and in case of felony, confine- ment in the State penitentiary for a term of not less than 1 year and not more than 5 years. DIGEST OF MONTANA GRAZING TRESPASS AND STOCK SANITATION LAWS. Revised code, 1921. OFFENSE, PENALTY, Section 3.317. It is unlawful to re- move from Montana anj- horse, mule, mare, colt, or foal without the same being inspected by a stock inspector, or the sheriff of the county. Section 3324. It is illegal for any person, association, or corpora- tion to remove any stock or neat cattle from one county to an- other within the State of Mon- tana, by railroad or otherwise, until they are inspected for brands, by a stock inspector. _ Note. This act does not apply to stock driven by the owner from one county to another for the purpose of pasturing, feeding, or changing range, etc. 310113—22 3 A fine of not more than .S,300 nor less than S.50, or imprisonment in the county jail in default of payment of fine until such fine is discharged at the rate provided by law. A fine of not less than -SoO nor more than $.500, or imprisonment in the county jail for not more than 6 months, or both. 34 OFFENSE. It is illegal for any railroad com- pany to ship anj' stock or neat cattle without receiving an in- spection certificate covering such stock. Section ;328s. To violate the rules of the Montana Stock Sanitary Board is a crime. Section 3269. It is unlawful to sell for human food any part of an animal slaughtered under insan- itary conditions. Section 32S7. It is unlawful for any owner or agent in charge of a domestic animal to permit such animal to rini at large on the pub- lic range or on a public highway while it is sufTering from or ex- posed to any infectious, contagi- ous, or communicable disease. Section 11211. MaUciously to mark or. brand, or alter any brand, with intent to steal any kind of stock or prevent its identification l)y the owner is a felony. Section 3306. Violation of the law of 1921 providing for the reg- ulation, artificial marking or branding of live stock, and recording of marks and brands is a misdemeanor. Section 11263. To knowingly sell or offer for sale any animal hav- ing glanders, farcy, or anj- conta- gious disease is a crime. Section 11.543. To drive any horses, cattle, mules, or sheep through Montana, which are brought fi'om another State with- out being properly branded, is a misdemeanor. Section 11.')49. It is unlawful to drive any cattle, horses, mules, or sheep from their customary range without the consent of the owner. penalty. A fine of not less than $50 nor more than S500, or imprisonment in the county jail for not more than 6 months, or both. A fine of not more than $.500, or im- prisonment in the c.oiuity jail for not more than 6 months, or both. The same. The same A fine of not more than $500, or im- prisonment in the State prison for not more than 5 years, or both. A fine of not more than Sl,000, or imprisonment in the county jail for not more than I j'-ear, or both. A fine of not more than $500, or im- prisonment in the county jail for not more than 6 months, or both. A fine of not less than $50 nor more than .1300. A fine of not more than $100, or im- prisonment in the cotmty jail for not morcthan 90 days, or both . 35 Sections 3403 to 3405. It is unlaw- ful for any person, firm, com- pany, or corporation to turn upon or allow to run at large on the open range of the national forest reserves any bull, other than a pure-bred one of recog- nized beef tjqDC, or in case such person perinits female breeding cattle to run at large, any pure- bred buU less than 15 months or more than 8 years of age. Section 3340. It is unlawful for any person to take into possession for his own use and benefit any estray without owner's consent. A fine of not less than $25 nor more than |2r/). A fine of not less than $25 nor more than $100, or imprisonment in the county jail for not exceeding 60 days, or both. Note. — An ''estray" is defined as any mare, gelding, staUioii, colt, foal, mule, jack, jennet, cow, ox, steer, bull, stag, heifer, or calf, running at large away from its accustomed range, or any of the animals defined, the owner of which can not be found upoii reason- able diUgence. DIGEST OF MISCELLANEOUS TRESPASS LAWS OF MONTANA. Revised Code of 1921. Grouped under this head is the substance of several Montana trespass laws applicable within as well as without national forests. They are dissimilar in many respects to other trespass laws; therefore it is deemed appropriate to set out a digest of them apart from the others. Section 1729. The failure of the person responsible for encroach- ment by any fence, building, or otherwise on a public highway, to remove the same immediately upon the request of the proper road supervisor. Section 10894. Any person who destroys any book, paper, instru- ment, or writing, or other mat- ter or thing, knowing that the same is about to be required as evidence at any trial or investi- gation required by law, or con- ceals the same is guilty of a mis- demeanor. PENALTi'. Forfeiture of $10 for each day that the encroachment remains uii- moved after due notice. A fine of not more than $500, or im> prisonment in the county jail for not more than 6 months, or both 36 PENALTY. A fiiie of not more than S500, or imprisonment in the county jail for not more than 6 months, or both. A fine of not more than S5,000, or imprisonment in the county jail for not more than 5 years. A fine of not more than $1,000 or prisonment in the county jail for not more than 1 year, or both. A fine of not more than $1,000, or imprisonment in the State prison for not more than 5 years, or in the county jail for not more than 1 year, or both. Note. A highway is defined by law as any highway, road, lane, street, alley, court, place, or bridge laid out or erected by the pubhc or traveled or used by the public, or laid nut or erected aiid dedicated by others to pubhc use, or made a public highway upon petition . OFFENSE. Section 10895. Preventing or dis- suading a witness from appearing at a trial authorized by law. Section 10916. Refusal of any peace officer to arrest a person properly charged with the com- mission of a crime. Section 1089S. If two or more per- sons conspire to commit a crime of any kind, it is a criminal con- spiracy. Section 11404. It is unlawful ma- liciously to injure a pubhc liigh- way or obstruct the same. Section 2649. It is illegal to pol- lute in any manner any water which is used as a source of sup- ply for any city, town. Federal, State, or county institution, or render it injurious to health, or to violate the rules of the State Board of Health. Section 11303. Carrying concealed weapons outside of the limits of any city or town is a crime. A fine of not more than $1,000, or imprisonment for not more than 1 year, or both. A fuie of not less than $25 nor more than $300, or by imprisonment in the county jail for not less than six months nor more than 1 year, or both. Note. This law does not apply to peace officers, game wardens ; forest officers, etc. PART III. DIGEST OF IDAHO FIRE TRESPASS AND BRUSH DISPOSAL LAWS. Comqnled Statutes of 1919. Section 2943. Failure of any per- son, firm, or corporation engaged in the cutting and removal of timber, etc., to pile and burn or dispose of the brush incident to cutting, in a manner prescribed by the fire warden of the district. Section 2947. Setting out a fire by any logger, camper, farmer, individual, firm, or corporation from June 1 to October 1, in slashings, faUen or down timber, or on timberlands, or in the vicinity of grain fields, for the purpose of clearing brush, grass, or other inflammable material, without obtaining a written per- mit from the fire warden of the district. Setting out a fire when the wind is blowing to such an extent as to cause danger of the same getting beyond control of the i)erson setting out the fire. Failure of the person setting out the fire to watch it until it is out. Failure to have sufficient h( n( v . ■ ; than 30 days, or both. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 daj^s nor more than 6 months, or both. The same. The general penalty is a fiiie of not less than $100 nor more than UoOO, or imprisonment for not less I than 3 months nor more than t I year, or both. Specific penalties ! are provided as to some preserves . Note.— 11 specific information as to the boimdaries of any game preserve be desired, it may be obtained from the district forester or from the pamphlet known as " Fish and Game l.aws of Idaho."' DIGEST OF IDAHO PROPERTY TRESPASS LAWS. Idaho (\>/iij)i1roth. A fine of not more than S5,000, or imprisonment in the State prison for not more than 5 years, or in the coimty jail for not less than 6 months. A fme of not more than §5,000, or imprisonment in the State prison for not more than 10 years, or both. Note. — This crime may be committed by word of mouth, or by writing, printing, publishing, circulating, selling, distributing, or displaying any "book, paper, or document advocating the com- mission of the abqve crimes, or by justifying the attempt or action of another in the advocacy of such acts, or by organizing or helping to organize societies for such purposes, or by being present at a meeting of such society, or by membership in such society. 62 Section 8583. It is a misdemeanor for the owner of any building, after notice to him of such build- ing being used for syndicalist meetings, to permit such as- semblage. Section 8389. Willfully to cut, de- stroy, or injure without author- ity any timber or wood, growing or standing on lands of the State of Idaho, is a misdemeanor. Section 8390. Willfully to cut without authority timber or wood on State lands for the pur- pose of shipping it out of the State is a felony or to ship out of the State timber or wood cut upon State lands. A fine of not more than $500, or imprisonment in the county jail for not more than 1 year, or both. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. A fine of not more than $5,000, or imprisonment in the State prison for not more than 5 years, or both DIGEST OF IDAHO GRAZING TRESPASS AND STOCK SANITATION LAWS. Idaho Compiled Statutes of 1919. offense. Section 1853. It is unlawful for any person, firm, or corporation to bring or cause to be brought into the State any animal af- fected or infected with any con- tagious, infectious or communi- cable disease. Sections 1847 and 1876. It is a crime to violate any of the regu- lations of the United States Sec- retary of Agriculture restraining the importation of diseased cattle and suppressing xjontagious dis- eases among domestic cattle, after such rules have been ac- cepted by the Governor of the State. A fine of not less than $100 nor more than $5,000. The same . 53 A fine of not less than $2') nor more than $100. Section 1860. To violate any of the A* fine of not less than SlOO nor quarantine regulations for the more than $5,000. prevention or suppression of sca- bies or contagious, infectious, or communicable diseases in sheep, is a crime. Section 1985 (as amended in 1921). , This statute requires every user of the public range during the breeding season to place upon such range a registered bull of beef breed not less than 15 months nor more than 8 years of age, for every 25 head or fraction thereof of female breeding cattle pastured by him on such range. No bull shall be run on the same range for more than three succes- sive breeding seasons. A xiola- tion of this law is a misdemeanor. Note. — This law does not apply to the owner of female dairy cattle taken up each night to be milked, provided such owner has for breed- ing such cattle a registered bull for every 50 head. DIGEST OF IDAHO MISCELLANEOUS TRESPASS LAWS. Compiled Statutes of 1919. OFFENSE. Section 8204. It is criminal con- spiracy for two or more persons to conspire to commit any crime. Section 8339. To maintain or com- mit a public nuisance is a mis- demeanor. penalty. A fine of not more than .«1,000, or imprisonment for not more than 1 year, or both. A fine of not less than $25 nor more than $300, or imprisonment for not less than 30 days nor more than 6 months, or both. Note.— A public nuisance is anything which is indecent or inju- rious to health, or ottensive to the "senses, or an obstruction to thefree useofpronerty soastoinlericro with the comfortable enjoyment of it by an entire community or ni'i'^hltorho od, or unlawfully obstructs the free passage of any navi^rahli" lalce, river, stream, street, highway, etc. PART IV. (1) Evidence. (2) Investigation. (3) Criminal Procedure Before United States Commissioners. (4) Criminal Procedure Before Justices' Courts in Montana. (5) Criminal Procedure Before Justices' and Probate Courts in Idaho. (6) Criminal Forms. (7) Index. EVIDENCE. In le^al iieceplation the word "evidence" includes all the means hy which any alleged matter of fact, the truth of which is suV)- mitted to investigation, is estal)Iished or disproved. Proof should not l>e confused with evidence. Proof is the effect of the evidence or what results from the evidence. Evidence is the medium by which truth is estahUshed. Matters of fact are proved by moral e\-i lence alone. Proof beyond a reasonable doul^t does not mean proof beyond all doubt, as is sometimes understood bj- the layman. When we consider the limitations of the human mind and the chance for error in ol^servatioJi and calculation, it would ].e un- reasonalde to expect a showing of proof ])eyond all doubt. Satisfactory evidence is that which impresses the mind of the average person, after it has been tested by the customary legal rules of examination, that the alleged fact under investigation is proved or disproved. Evidence must be competent and admissible, satisfactory and convincing. It must be sufhcient. In civil cases it must preponderate in favor of one party or the other to the controversy, to entitle either one to a verdict; in criminal cases it must be beyond a reasonable doubt. Competency and admissibility are entirely distinct from the sulficiency and the effect of evi-lence. The former is exclusively the province of the court to decide, and the latter is for the jury to analj^ze and value as they are guided l>y their experience in the common att'airs of life. Cumulative evidence is that of the same kind bearing directly on the same point. To illustrate: Smith made a certain oral statement to Fisher relative to his presence at a particular place at a specified time. On another occasion, Smith made a similar statement concerning the same point to Russell. The testimony of Fisher and Russell on this point would Ije cumulative. Circumstantial evidence is of two kinds— certain, or that from which a reasonable conclusion follows; uncertain, or that from which a conclusion does not necessarily or immediately follow, but which renders the thing probable. Additional evidence of other circumstances connected with the point under investigation would be necessary before the truth would be disclosed or proper deluctions could he made with a sutlkient degree of certainty. There are mistaken notions as 'to circumstantial evidence, especially as to its relialnlity and directness. There are persons who feel that (54) direct proof oi' overy all«ge:i fact ought to lie and must I t^ [jri'seiilcil lo a court and jury to warrant a conclusion as lo what the facts arc. J'his conception is erroneous, because circumstantial evidence, when properly tied together, is just as good as direct evidence. In fact, circumstantial evidence is direct evidence, and very often under a strong chain of it there is less chance to do injustice than under what is popularly known as direct evidence. The rule in criminal cases is that evidence of the circumstances relied upon to jirove the guilt of the accused must be such as to proluce a moral cerlainly in the mind of the jurors of the guilt of the prisoner and to cxcludt^ every other reasonable assumption or concl isiou . In the nature of human activity there is always evidence of a thing done or accomplished or of the failure to do what one's duty to society recjuires. Often it is erroneously said that there is no evidence of a fact, or no evidence to connect the j^reparator with the crime. There is always evidence of the fact to be |)roved or to connect the perpetrator with the crime. The difficulty is in revealing the evidence to prove the crime and the guilt of the accused. Evidence of a fact always exists; therefore it is not proper to say there is no evidence. Another common error is the assumption that because of family ties, or local ajiimosity to existing governmental regulations, or a desire not to be a witness in a case, or because of the prospect of being adversely criticized by local inhabitants should a prospective witness discuss the circumstance of a crime, he will naturally misrepresent the facts within his knowledge. Men naturally speak truth. They arc naturally inclined to truthfulness. The truth is always spoken unless selfish or other considerations influence the mind not to exercise its natural tend- ency. Even the greatest liar speaks the truth much more often Ihan he falsifies in the course of everyday events. Therefore the statement of a person in regard to any matter under investigation should not be rejected or considered unimportant because the investigator has learned that the person interrogated has had or has the reputation of being untruthful at times. Furthermore, even though some untruth might be found iJi the state- ment of a person having personal knowdedge of a fact, still, on account of the natural tendency of his mind, there might be truth mingled with untruth in his version of the affair. And the investigator, from the limited truth presented, might be able to use the valuable part of the statement as a leader or guide to other sources of truth which would, if disclosed, be sufficient when correlated with what had already been ascertained to prove the matter under investigation. For this reason an investigator who xinderstands his business will never reject an item having either a direct or an indirect bearing on the subject matter. Moreover, in nearly every statement made by the ordinary man iu which are described the occurrences connected with and surrounding the point to be proved, there are immaterial allegations. The duty of the investigator is to select and utilize the material part and disregard the immaterial. A keen mind can nearly always separate the valueless stuff from that which has a tendency to prove the point under investigation. 50 As lUL-ii ill gcnoral do not violate the penal code, the law presumes every man innocent. But some men do transgress the law; therefore reliable and sufficient evidence is required to rebut this presumption. This legal presumption of innocence is to be regarded by the jury as evidence favorable to the accused: and, ifthe guilt of the accused is to be shown by circumstantial evidence, the proof ought to be not only con- sistent with the prisoner's guilt but inconsistent with any other rational conclusion. While there is a prosumj)tion of innocence, evidence of certain circumstances may raise also a presumption of guilt which might outweigh the presumption of innocence. For instance, the possession by the accused of the missing property of another would warrant a presumption that he stole it unless the possession is explained by him. Also, in a case of arson, the finding of property in the possession of the accused, which was known to be in the burned building a short time prior to its destruction would warrant a presumption that the accused was in some way connected with the crime. The presumption of guilt may also be i)roper if a person destroys or suppresses something which would evidence the truth of the matter under invcstigatioii. This is on the ground that proof of the truth would operate against the accused. These presumptions are, however, for the jury to weigh and pass on accordingly. They are not conclusive presumjitions upon which the court could render judgment in a criminal case. Ever}- person accused of crime ought to have his case tried according to e.stablishcd rules of procedure in order that he may not be convicted through inadmissible and incompetent evidonce which might be given undue weight by a jury to the injury of the accused, or which might be misinterpreted through prejudice or wantonness or ignorance or mistake. Hence, certain rules of law are prescribed in order to regulate the intro- duction of evidence and to safeguard the legal rights of the accused. The production of evidence to a jury is, therefore, governed by four general principles: 1 . The evidence must correspond \\ ith the allegation and be con- fined to the pohit ill issue. •J. The evidence is sufF-fient if the substance only of the issue be proved. :'.. The burden of proving a proposition, charge, or issue lies on the party holding the affirmative. !. The best evidence of which the case, in its nature, is susceptible must always be produced. It IS not necessary, however, that the evidence bear directly upon the issue or charge. It is admissible if it tends to prove the issue or is a Unk in the chain of proof. Also acts and declarations of the accused made at a former time are admissible to prove the intent of the same person at the time of the commission of the crime. Acts and declarations of the accused, after the time of the commission of the crime, are competent if they tend to estabUsh his guilt. It should alwaj-s be remembered that in every criminal case the burden of proof is on the Government to convuice the jury of the guilt of the accused, according to the manner and form of the complaint or indictment. la a criminal ease, proof of the doing of an ae-t bj^ a specific person is not sutiicieni for couviction. Tt must be shown, in addition, that the act is unjustifiable and unlawful . That the best evidence of which tlie case is susceptible must be pro duced is a well-estabUshed rule of judicial procedure. This does not mean the greatest amount of evidence. The design of the rule is to prevent the introduction of secondary evidence while the original is in existence, and while it is within the power of the party to produce it. It is well to remember, too, that this rule does not comprehend the strength or weakness of evidence. The scope and intent of the rule is to prohibit suljstitution while the original is available. For instance, the production of the original written document is the best evidence of its contents. A copy of it or a statement of its substance by a person who read it would be secondary evidence. There are, however, some exceptions to this rule. On account of the inconvience incidental to the removal of public records from their permanent depository, certified copies of these records are accepted in courts of justice instead of the originals. All forest officers should realize that hearsay evidence is never accepted by courts of justice as proof of any fact. Sometimes oflacers and laymen find it hard to distinguish between hearsay evidence and other evidence. We are so prone in the everyday atTairs of life to accept as true what others say regarding any occurrence not subject to our own observation, or tested by our senses, that we unconsciously pass it on to our neighbors as truth. Courts of justice, however, do not allow a person to testify as to any matter unless he has acciuired his knowledge by persoiaal observation of the transaction, occurrence, or thing, or acquired his knowledge tlirough the exercise of his other senses upon the subject matter covered by his testimonJ^ If John Smith tells you he saw Howe commit a specific crime, you can not testify as to what Smith told you about Howe. Smith must appear to testify as to this fact. Of course, if Howe himself admitted to you that he did the act or the wrong, you could testify as to the conversation, since this would not be hearsay. There arc some variations of this rule, but the above explanation covers the general practice. The practice of admitting evidence of general reputation or of good character in a community might be men- tioned as exceptions to the rule relative to hearsay evidence. Another exception is the statement or admission of one of the parties to an illegal conspiracy. After the conspiracy has been en tercd into, the statement of one of the members of it is bindingon the others, even though they were not present when the statement was made. A confession of guilt is also good evidence, provided it is made vokmtarily. If it be made under intimidation or under the flattery of hope, it is not admissible. All of the conversation in which the admission of guilt was made must be recited and left for the jury to judge and weigh. The means of proof or the instruments of evidence are divided into two general classes, viz, unwritten and written, or, in other words, oral tes- timony and documentary evidence— maps, charts, weapons used in the commission of crime, articles of clothing and adornment, personal prop- erty of various kinds, models, specimen exhibits, etc. 58 INVESTIGATION OF TRESPASSES. Investigator. The greater a iiimi'.s ability, the iiion- he can acrojuplish in this as in any other work. Qualifications j)cciiHarly neeossary for an investigator are observation, coinnion sense, and abiUty to worJc. Nothing is so small as to be safely overlooked; a whole case may turn on what .seems a most unimportant detail. On the other hand, many details are un- important. The correct judging of what is important depends largely upon the imaginative power to picture constantly in the mind the whole case and its probable developmenl. Beware of letting anything go as unimportant without thus carefully weighing it. Catching a criminal is a battle of wits; the side which thinks hardest all the time wins. Success in diflicult cases requires special aptitude, and only witli hard, inteUigent thinking will an officer be successful. Preliminary information. Success demands thorough i)reparation. This includes not only a knowledge of the laws and ])rocedure under which we work, J>ut an intimate knowledge of the region of the crime, such as topogra])hy. trails, and other get-away avenues; of the persons existing in every community who know all about the rest of the community; of the habits, rendezvous, and associates of general eomjmuuty suspects, and of their familj', bu.siness, and other relationships, so that in seeking informa- tion form others you may not unwittingly kill your own game by ap- proaching one of their close sympathizers. Starting out. Investigative work, especially in fire cases, demands even greater speed in get-away than in suppression . If footprints lie for days, or eveii until after the suppression crew has tramped over the ground, before they are investigated, not only may they be obliterated by others, but the defense will not be slow to take advantage, in a court trial, of the possibihty that tracks proved to be those of the defendant could have been made after the ofTense was committed. The latter danger applies to other trespasses as well as fire. Our only safety lies in starting inves- tigation on the ground with all possible speed. How many men. Never rush in a mob. Unless something is wrong with the protection organization, even fire suppression should not require sending many men at first. For investigative pur^^oses two officers are desirable. By this system, an additional witness is provided to support the charge; in the event of the trial of the ofiender. What to do. The first man or men at a fire must look for clues and preserve any found. The man in charge of the fire crew should, of course, be the lead- er in the search for clues in the vicinity of the fire or the point where any ofiense has been committed. If the,tracks of men or animals or means of CDnveyance are found, an effort should be made to prevent their obhteration, or injury to their distinctive features until a quahfied 59 officer shall have opiJortunity to examine them, and make casts of thciu if necessary. The men and animals engaged in suppressing tho fire should be required to keep outside of the area CDntaining the imprints if this is at all practicable. Require men in charge of fire fighting to keep eyes open for clues, and to note people met on trails, with time of meeting, especially outsiders first on the scene of a fire, who may be the setters, with an irresistible desire to see it burn; to keep ears open for boastful or antagonistic re- marks of fire fighters, who may themselves have set the fire or know or those who did; and to report anything learned at once to the range for other forest officer in tho vicinity. Searching for clues. What are clues? No deed is done without leaving a clue; the only question is our ability to find it. A no-clue case means only that wo are not up to the scratch in finding one or more. Anything is a clue which has any connection with the offense or its author. Tracks, camp-fire, or lunch remains, "plant" used to set off a Are, blanket, or other threads pulled oft' by bmsh or trees, hairs, scraps of paper or other things carelessly or unintentionally left by the offender, etc., are examples. A good working rule is that everything is to be held as a clue which can not be accounted for without reference to the offense. But nothing is really a clue without the interptetation which can con- nect it with the deed. Some things, such as tracks, the forest officer can interpret better than any outside expert; in other words, we are ourselves the best experts. Other things can be interpreted only by those with special training, as for example, by the microscopist, the chemist, or some other speciahst. The working theory. To giiide the investigator in the interpretation of clues or evidence, two things are necessary: (1) Every bit of knowledge he can gather, before leaving for the scene or on the way, as to the offense, including its occurrence, surrounding circumstances, probable author, and jnotive: and (2) the building of a mental picture or reconstruction of all that one knows of the case. Constant revision and coordination are necessary. Nothing else will prevent wandering, loss of time, and possible failure. At the start it may consist only of a ''hunch" as to who set the fire or where to look for clues; but every new thing found should be considered carefuUy. The theory first set up may afterwards prove to be erroneous; but it has very frequently happened that the theory, though a false one, was the bridge which led to the truth. How to search. After arriving on the scene, first locate the critical point, for example, the origin of a fire. If the point of origin is not evident, beware of jump- ing to conclusions; the incendiary or other criminal does not do the obvious thing if he has any sense. Then examine minutely the imme- diate area. Definite system is absolutely necessary in this search. Go systematically around the circle, widening the circles each time; but keep them close enough together. 60 Notebook record. Record must be kep of everything found and done, and of all material conversations held or iuformatij^n gathered. Describe in the proper notebook everj-thing that is found, so that the notes may be used later to refresh your memory should you be called to testifiy relative to those things. The time of every occurrence or find should bo recorded. Also be sure to ascertain the exact time the fire was started, or discovered, when fighting commenced, and all other significant circumstances. The time of making material entries in the notebook should be entered in the notebook, and such time records should be based on actual exam- ination of a well-regulated watch. Important information should be entered in the notebook immediately after it is obtained. Testimony based on a notation made immediately after an occurrence is much more convincing to a court and jury than that based on an entry made at the end of the activities of the day or later. Maps and photographs. Accurate maps and photographs are the best means of showuag in court many of the facts of a trespass, and are nearly always necessary. It is unusually difficult to present the facts of intricate cases to the court and jury in an understandable way without the aid of these guides. Maps should be as accurate as possible and should represent the area in diagrammatic outline with as httle printed or written data as possible. Symbols should be used to identify material points and to aid the maker of the map in explaming to the jury the relation of topography, culture, etc., to the trespass area. Printed matter indicating the guilt of the accused should not be put on the map, since it would prohibit its use as an exhibit at the trial. In taking pictures a proper note should be made of the film used, and of the time, place, and circumstances under which the object was photographed. Photographic record No. 166 should be used for preservmg the data . In civil cases the same strictness relative to printed or written matter on maps is not enforced. (See pp. 169 and 170.) Remember that photographs involving scenery are more desirable if taken from the level of the eyes. The photographic record should show the point where the camera was set, the direction from which the picture was taken, angle of view iuchided, etc. Objects. The finder must put on each object found a private mark, in a hidden or inconspicuous place, by which he can himself identify it in court as the identical object found. This, together with the notebook record of the circumstances of finding, arranged in their chronological order in a bound notebook, is the best safeguard against an intimation by a defense attorney, possi))ly to the serious prejudicing of a jury, that evidence has been "planted" by the prosecution. AU object which may be needed as evidence should be guarded with the utmost care to avoid possibility of loss, misplacement, or theft. The forest officer should take personal charge of all such articles, unless it be desirable to turn them over to the custody of the district forester or county attorney. If the forest officer turns them over to the county 61 attorney, he must, of course, take a receipt and enter them in liis note- book record so that they will not be overlooked in working up his ma- terial for the case. The plan of campaign or working theory. You start with a few facts, and a tentative theory based upon them and your best surmises. Whenever new clues or facts are found, ask yourself: (a ) What instructions, if any, are there in respect to a situation like this? (6) What does this act mean? (c) On the basis of facts to date, if I were the (yiminal, what would I do next? Sit down andsraoke a pipe over it, if that will help. There is no time to be wasted; but right interpretation of facts, and right action respecting them, are so essential that the time necessary to insure these will jield bigger dividends than half-baked hasty action. The simplest working theory which will explain the facts is always preferable; but the theory is never complete until the case is closed. At all times, but especially at first, when the theory is based on few facts, it must be lightly held, subject to modification at any time by what shall be discovered next, regardless of whether the new evidence agrees with the previous theory or not. Such open-mindedness, the viewing of every new fact on its own merits, is harder to maintain than many people suppose and requires constant and definite effort. It is extraordinarily easy to overvalue new facts which coincide with one's theory alreadj" built, and to undervalue those which do not. Nothing is more common among inexperienced officers or more fatal to success than holding such a preconceived theory. . Usually its holder will not change the theory even when evidence con- trary to it appears, but will instead discredit the evidence regardless of its weight. Therefore it is necessary systematically to review one's theory frequently in the light of all facts to date. In building a sound theory there are four steps: (a) Get a clear definition of the problem. This may not be what first appears; be sure you know what the dilTiculty is. (6) Cast about for possible solutions— not only the first one which occurs to you, but as many as you can figure out; then compare their merits and select the most probable one. (c) Reason out the developments of this idea to its conclusion; ])y pushing it to a final conclusion you will probably be able to determine whether or not your idea or theory of the problem is warranted. (d) Constantly test your theory by searching for further evidence, or by experiment. Keep your eyes open for and give honest weight to- evidence indicating some other theory to be more probable. To be complete, the case must answer the following questions: (a) What was the offense? (b) Where was it committed? (c) When was it done? (d) How was it accomplished? (e) Who did it? (/) Why did he- do it? Memorize these six words, what, where, when, how, who, why, and fre- quently test by them the completeness of both your theory and the facts so far actually established. This wiU ])e one of the greatest helps in planning what remains to be done. 62 Whenever a fad is found which points to a material coiichjsion, ask yourself: (a) Does this sufficientlj^ prove the conclusion? (6) What else, if anything;, will be necessary to establish or corroborate it in court? A jury will only be convinced I)y a complete chain of circumstantial evidence, both as to facts, and the proof that they are facts. Constantly review this chain while following clues, to be sure no liiilci.^ omitted. Also bear in mind that any one chain may be broken somewhere by the defense; therefore, build all the lines of evidence possible to your con- chisioji. Tracks, Tracks are among our most important clues. If a fire was set, or other o Tense committed, l>y human agency, a man walked or rode there to do it. He may sidestep or cover up tracks in the immediate vicinity of the otfense, or the tracks may he burned over or obliterated l^y others. Far- ther out he willsettle down to a normal gait. If no tracks are found at or near the origin, widen out. Begin this wider search at the most likelj" points; but until the tracks are found conduct the search on a rigid system, so that no area will lie overlookefl. Identification of tracks. Study of details is essential; dimensions and shape of imprint, nail.s (present and missing), seams, creases, cracks or other ("istinctive marks; wear, repairs; age of track, methods of putting down the foot (twist as foot strikes the ground, etc.); angle of feet (toes out, straight ahead, or in);- and differences, if any, between the feet in this angle; barefoot, smooth, or rough-shod horse tracks; specially shaped or weighted shoes, and gait of animal (as trot or pace). Age of track. This is showji by sharpness of impression, by moisture and color, whether leaves and dirt lumps have fallen into it, or tracks of insects, birds, etc., or other man-caused tracks, have yet crossed it ; and by the condition of broken green twigs, etc. One of the best indications is the condition of manure dropped by an animal. A trail made at night is often known by the way it bumps into or makes detours around obstacles. Other indications. Speed may be approximately shown by degree of slide at heel, depth of heel edge and toe edge, length of drag at toe, and distance between tracks. The class of person or animal can sometimes be deduced from tracks (high-heeled vaquero boots, new or pointed-toe city man's shoes, horse shoes or mule shoes, etc.); also whether drunk or sober; carrying burden or free (feet wider apart, steps shorter, and more unsteady with burden); and existence of bodily defects (step is shorter on lame leg; injured knee or hip twists foot tracks, etc.). A confidential talk with the local shoemaker or blacksmith, if there is one, will often throw light on the ownership of shoes which make a peculiar track. Following tracks. This requires experience and skill. Points sometimes overlooked arc the folowing: In dry pine needles, breakage or minute differences in color are often discernible on hands and knees, though the needles 63 have sprung back to position and no trace is visible while standing. Tracks in dry grass also require extremely close attention; barring wind, grass will usually hold what impression is made until the coining of night dew, fog, or rain. Through brush a trail can be followed by broken or skinned twigs near the ground although no signs are visible on the ground itself. When the trail is broken or lost, circle ahead in the probable direction of the trail. Stakes set by tracks found will lielp line up the course. Comparing tracks. To convince a jury we must absolutely identify tracks found with known tracks of the suspect. A track may be compared with a foot or shoe for identifying marks. In respect to dimensions it is better to compare tracks, and also moving tracks with moving tracks, since tracks made in soft earth, especially at high speed, are always shorter than the foot making them, due to push toward center at heel and toe. ICeep in mind that as a general proposition a track is little more than a clue. Standing alone, the cast of a track of an accused man is not very convincing to a jury. There must be other evidence on which to secure a conviction. For the purpose of comparing the tracks found with those of the sus- pect, or of the horse or other animal of the suspect, induce him or the animals to traverse some soft surface in the vicinity of his home or out- buildings where distinctive tracks are likely to result. This will give opportunity for comparison at the proper time. However, examination or measurement should be made at the earhest possible date before ob- literation or partial change in the track occurs. Proficiency in tracking. Whether the tracks are those of autos or men or animals, j^roficienoy in interpreting them can be gained only by actual practice and plenty of it. Trackers can not be made from books, but one tracker can often tell another new kinks, and we can all learn more by study of the work. Let every man keep his eyes open, and report new things of which he learns, or describe clues familiar to him but not mentioned here. Moreover, many who know can not tell how they know. The impor- tance of this must not be overlooked. In court we shall surely be asked this question, and the opposing attorney will discredit our testimony if we can't tell. "You must not only know that you know, but also know how you know." Record of tracks. The original track, or a cast or replita of it, is the most convincing evidence in respect to it. The orignial footprint may oftcTi be solidified sufficiently to be dug out and preserved by means of water glass. This is specially useful in sand or sandy soils. If the soil containing the print is firm enough not to be displaced by it, the water glass may be ijoured directly into the print. If the soil is not firm enough, dig a shallow- trench, 2 inches wide and of the same depth, around the print and 2 inches distant from it, and flow- the water glass into the trench until it has been soaked up by the soil and shows on the surface of the print. 64 Then let it stand for a day. The print can not be juried out, but nmsr be carefully freed by digging the soil away from around and under it. It must also be handled with much care thereafter, and this reduces the value of the method when conditions, such as transportation, are not favorable to the required care. In this and many other cases a more desirable method is to make a cast of the track with dental plaster of Paris. Plaster of Paris sets quickly. From the cast a replica of the track can then be made, or not, as desired . When the soil composing the print is firm enough, the dry plaster may be placed on a large spoon and the arm of the spoon tapped lightly and frequently to allow the dry plaster to drop very slowly into the imprint, imtil the plaster bed has a thickness of one-eighth to one-fourth inch. Then with the fingers sprinkle clear water very lightly into the dry plaster in the imprint . Pour in §emc more dry plaster and again sprinkle with water. Repeat this process until the plaster cast is at least 1 inch in thickness. Let the cast rest in the imprint for at least 30 minutes, then cut around it with a jack knife and excavate the dirt deep enough to be sure that the cast will not be injured in removal. Take the cast and attached dirt to a pool of water, or stream, or trough, and wash off the dirt. For two or three hours the cast should be handled carefully until it has hardened sufficiently for transportation. If the imprint is shallow . a dam of earth should be built around it before the plaster of Paris i.> poured into it. To make a rephca of the original track from a cast, the upper surface of the cast should be as level as possible. The cast should be washed clean, and then greased, either with an oil which is fluid at air tempera- ture, or, if thicker, heated until it is very fluid, so that no crevices or other marks may be filled up and thus be obliterated in the replica. The greasing is to prevent sticking. The cast is then laid, top down, in a suitable box or other flat-bottomed receptacle, and wet-mixed plaster or cement is flowed over it and reinforced, as in making a cast. The original cast or rcpUca so made may be expected to be sUghtly too small to accommodate the boot or foat which made the track, by the time it gets to court, and care should be taken not to allow a jury to be prej- udiced by this fact. If it is not feasible to secure the footprint itself, or a cast of it, the best remaining method is to photograph the track. The camera lens must be exactly parallel to the surface photographed, to avoid distortion of the perspective. This may be done most conveniently by the aid of a clamp for attaching a camera to a l>oard or other .similar support at any required angle. For use in court the photograph may be enlarged to the exact size of the original. If in photographing, however, a nile is placed alongside the footprmt, the scale of measurement will appear in the photograph itself, regardless of the size of the latter. Restoring mutilated papers. In piecing torn paper together, first hunt for corner pieces, then for edges, and afterward work up the interior. As the back of the paper may be important, it is advisable to paste the fragments on a trans- 65 parent medimu like tracing linen, or to lay them between clean glass plates which may be bound together. If the writing on paper is not in copying ink or indelible pencil, the paper may be moistened by the spray from an atomizer or by the steam from a teakettle. This helps to straighten it out if it is badly curlei or bent. Dim writing comes out plain in a photograph. Worn or fragile papers may be made indestructi- ble for handling by dipping them in a solution of I part of stearine to 3 parts of collodion, and allowmg them to dry 1.5 minutes. Preserving perishable evidence. Perishable evidence is often best preserved by placing it in cold storage. It may often be preserved in alcohol. In the absence of cold storage, formalin, or formaldehyde, is best for fish or game meat . These preserv- atives however destroy the natural color. If it is impossible to preserve any article of evidence, be sure to have witnesses to its finding, and its nature or identity, while it is yet in its original condition. Making use of experts. To the layman one of the most striking services of the expert is that of the microscopist, who deals with a world invisible to the unaided eye. He can tell from a hair, for example, whether it is from deer or beef, horse, dog. or human being, and the race, habits, and probable age of an original human possessor; from carpet sweeping dust the number, age, character, habits, food, and recent occupation of, as well as visitors recently entertained by, the occupants of the room from which taken : from finger-nail deposits the food, occupation, habits, and whereabouts of the person from whom they are taken, for a week or so prior to that time; and often substantially the same information from a shred of clothing, or even knives or other articles much handled by him. The microscopist can identify beyond question deer or other game meat or blood as distinguished from that of beef, chicken, etc. It should also be borne in mind that expert testimony, which is usually in the nature of opinion rather than fact, must be given by the expert responsil^le for it and not by proxy, and arrangements should be antici- pated for his attendance at court. Getting a lead. In de?iding to whom to go for possible evidence, eliminate at once the busybodies, who always know all about it but generally know nothing worth much, and go after those who really know most or were first on the ground. Unless the act be incendiary or maUcious, or done stealth- ily, the person to interview first is the one who committed the act, if this be practicable. No one know^s more about the crime than the man who committed it, and the best results are generally obtained by getting in touch with him promptly. As a rule, under clever and prudent interrogation, the offender will invariably say something of value in the case. And he is liable to do this even when he is determined to suppress information relative to the offense. The same is true regarding those offenders who desire to suppress facts which might implicate them. Until the officer investigating a malicious or incejidiary crime has sound 110113—22 5 G6 reasons for suspecting a particular person, that person should not be interviewed relative to the offense. No person should be directly charged with an offense by a forest officer. It is much better to discuss the crime on general grotinds with the suspect. In other words, "speak softly." Always rememljer that a confession obtained after a threat or promise of leniency is not admissible as evidence to prove the guilt of the accused. Hints on interrogation. Ivnowlcdj.e of men is essential; nothing else can make up for a lack of it in this work. A witness will tell nothing or make but inaccurate and unimportant statements to an investigating officer without shrewdness and tact, while the very same witness will make precise, true, and impor- tant statements to an officer who can read him and knows how to handle him. The confidence of a man is often obtained by apparent interest in his business or hobby. Persons having no interest in the offense or the offejidcr will generally tell the 1 ruth; the testimony of those who have such an interest should at least be taken with caution. However, it should not be overlooked, that one of the latter class may be upright enough to tell the truth. Truthful witnesses may be divided into those who are willing to tell what they know and those who are reluctant to do so. Most people are of the latter kind; the average American not only has an exaggerated unwillingness to "peach," even on a wrongdoer, but is himself so busy that he dosen't want to get mixed up in other peoples' troubles if he can avoid it. Attitude of officer. ]\[uch of the success to l)e g:nncd depends upon the aptitude of the officer. Judge your man. Be firm and diplomatic with the bold, patient and considerate with the timid. Unnecessary officiousness or insolence will cause most men to refrain from further discussing the crime. After you have collected valuable information from any person you should then test his source of information, that is, whether he has acquired the knowledge by personal observation or through hearsay. This is very important, since many men lui consciously restate what they have heard as if they were the original discoverers of the information. Too much care can not be exercised in this regard. Getting the story. There are two considerations: (1) To get as complete a statement from the witness as possible. Be sure nothing essential is omitted, but don't let him ramble aimessly . (2) To be sure he is telling the truth . The latter may not follow, even with wnllingness on his part. The best safeguard is a clear mental picture of the case thus far, which shows us what we want to get, and thtis prevents the omission of impor- tant items. The six watchwords of a complete case are again valuable reminders. The method to be used depends much upon the witness. Unless he wandersbeyond forbearance, it is best to let him tell his story straight throtigh in his own way. Then question and rehash until it is certain 67 that he can uot or will not add anything more of value. Take sufficient time, no matter how hurried you feel. Better not "start something" in the first place than be in too much of a hurry to permit getting the facts after you liave started it . Read to the witness what you have written, word for word; ask him if it is correct; change any items which he may desire corrected; have him sign it; and have his signature properly witnessed. In case a witness refuses to make or to sign a written statement, but will talk, get him to talk in the presence of two or more reliable witnesses, and afterwards write down the essential parts, as nearly verbatim as possible, of the first witness' statements, either yourself or in collabora- tion with the others, to which they will swear in court. In addition to the record of what was said, put down in your notebook the circumstances of the conversation, persons, witnesses, time, and also all the conclusions for future guidance which you can draw from the facts thus learned. Some men can not be induced to make a statement, but say if they are put on the stand they will tell the truth. If their resolution not to talk can not be shaken, the only thing to do is to try to get indirectly as shrewd an idea as possible of what they can testify about. Unintentional offenders. The general methods indicated for the interrogation of witnesses apply largely to this class of trespassers, such, for example, as those who thought- lessly leave camp fires burning, especially if they are inexperienced and did not realize the danger. Coiu-tcous treatment and an evident pur- pose only to do one's duty, with regret for the inconvenience necessarily inflicted, are usually more effective than treating them like common criminals, and will often induce confession, with a readiness to "take their medicine" and not do it again. Inaccuracy in statement. When a man is willing to tell the truth, untrue statements may result from the following causes: (a) Poor observation. — A man may see only part of a total action and have a very inadequate or mistaken notion of the whole; a man some- times sees what he expects to see; people often hear imperfectly or mistakenly. (b) Poor comprehension and reasoning.— InievGuce is a part of every mental operation. When we see a clock face, we take for granted a clock is beliind it, but this is not necessarily true; a tenderfoot thinks mountains are much nearer than they are, because he infers the distance which the given appearance implies in low country; illiterate people distort long sentences, and piece out by inference to a twisted meaning. (c) Poor memory.— This is very common. Beware of people who re- member everything; their testimony is usually open to suspicion. Memory can be helped by talldng of the event in question, often as to unimportant incidents, or of a man's occupation connected with the thing to be rememliered. But give him time; don't hurry. Do not press an emotional witness too far; there is real danger, especially with C)8 such a person, that you may make him rememlier what he never saw or knew, except for your forcible suggestion. (d) Influence of other peoples' statemenis.—VntTamed persons who liave seen or known part of an exciting incident unconsciously try to complete the matter by fitting what they have seen or know to details told by others. They may even end, without untruthful intent, by weaving the whole garbled mess into their o^vn story as what they saw and heard and know. (e) Strong feeling. —Excitement and fear often lead one to exaggerate, but sometimes to overlook important details. (/) Temperantent, age, nccupntion.—A ranger looking at a bimch of cattle sees also whether the range is overgrazed, or grazed in patches due to poor salting or water development; a city man sees cattle, but not the other factors, and couldn't be expected to give an intelligent statement on such matters. (g) Fear of consequences. — Be sure to relieve a witness's mind of a possible impression that you want to implicate him, etc., if such infer- ences are without cause. Frightened people, imagining themselves suspected, always shuffle in testimony. This should be a danger signal, although the cause of the shuffling may not always be the one here discussed. (h) Poor questioning.— a ood questioning requires hard thinking. Be sure nothing is missed. Follow your own course and do not be led or pushed, either designedly or accidentally, by the witness. Increasing the accuracy of statement. Much can be done by careful questioning and suggestion to clear up obscure statements or supply omissions. Check the witness' accuracy, for instance, as to height of people; ask him if the man he mentions is as tall as yourself; check distances by asking about something in sight; verify his power of recogni ing persons, estimating numl^ers, etc. It is sometimes necessary to verify statements oneself, independently Of the witness. The main case. Arrange the material so that it tells the story in chronological order. Confine the main case to the material essential to a clear and complete chain of evidence. This gains the advantage of clearness of impression on the jury; too great a mass of evidence may muddle the main issue in their minds. Any additional material should be carefully worked up with a view to its use in rebuttal, or in connection with surprise defenses. Have your record perfectly clear as to exactly what part of the chain the testimony of each witness and each piece of documentary evidence will cover, and just what link each exhibit will support. Avoid repeti- tion as far as possible. Appendix. A list of the witnesses, witli brief notation of the exact facts to which each will testify, together with all documentary evidence and a list of exhibits, should be collected in an appendix, each separate item being designated by letter, as, for example, "Exhibit A." At the appropriate ()1) points in tlie nunativc ivcoi'd, llicsc documents, etc.. should iJioii be referred to only by exhil)it designation. This helps botii in conipleleness and in Ivceping the Jiarrative clear. Use of maps in civil suits. The trespass map must show completely the facts of trespass and damage sutTered. It should include, therefore, land section, township and range, boundaries, and should cover species or type, si7,e of timber, and nature and extent of damage. The court map. The map to be presented in court should be on a scale large enough to be legible when hung up so that all the jury can see it at once since it is much more effective when used in this way. It should be confined to the data esseiitial for the purpose, but it should show this with the utmost clearness. Its legend should also give its "approximate scale," and, if angles of view are material, a statement that these are correct. Every care should then be used to see that they are correct. Any "trespass" or other designation on the original, to which the defense could object as tending to prejudice the jury in advance, must be carefully omitted. As to land boundaries, the proclamation diagrams of the national forests can always be found in the biennial volume of the United States Statutes at Large, covering the year in which they were issued . Private land boundaries can be gotten from Forest Service status, and verified and certified by the Unied States Land Oflfice if desired. Report to district forester. A report in accordance with special form (see Criminal forms) must be made and forwarded to the district forester on each case prosecuted in a State court as soon as possible after the trial shall have ended. This is absolutely necessary in order that proper check may be made of the pro- gress of law-3nforcement work and in order that the assistant to the solicitor may be furnished with the data for his monthly report to the .solicitor. Reports on cases to be prosecuted in the Federal courts must be submitted to the district forester before legal action is initiated. Should the prosecuting attorney of the county or the supervisor desire assistance in the handling of a criminal trespass in the State court, a special report of the circumstances .should bo seiit immediately to the district forester. Expenses of forest employees in criminal prosecutions. Forest officers will be officially reimbursed for all necessary expenses incurred in accordance with tho fiscal and administrative regulations of the Department of Agriculture in the transportation of a person arrested without warrant, by a forest employee, and for necessary subsistence of such person at hotel, etc.. until h:Ms dslivered to tha jurisdiction of a United States commissioner or to the jurisdiction of a [)olice judge, pro- bate judge, or justice of the peace. If an oflendor is brought before a United States commissioner or a State magistrate on a warrant, all ex- penses incurred after the issuance of the warrant (except the forest offi- cer's salary and expenses) are crhargeable to the Federal court through t he commissioner, or to the i>roper city or county through the police judge, probate judge, or justice of the peace, as the case may be. Sub- 70 poeiiacs should be issued for Government wituesses so that their mileage and fees may be paid by the United States commissioner, or by the local justice if the case be prosecuted in a State court. The Forest Service can not legally pay mileage or fees of offenders or witnesses already under the jurisdiction of Federal or State courts. Expenses, as well as the time of forest officers for other needed duties, may often be saved to the Forests Service by making use of sheriffs and constables and United States deputy marshals for the serving of warrants and subpoenas, and for other such assistance. In particular, the hiring of men for posse needs, or to accompany officers for identification of witnesses, in State cases can appropriately be assumed by the counties, and its expenses should by the above means be transferred to them when it is feasible to do so. However, it sometimes happens that neither the Federal court nor the State court can pay the mileage or fees of a necessary Government witness because of legal restrictions. In a case of this kind, local administration would justify the hiring bj" the Forest Service of the [)roposed witness as temporary laborer during the period necessary to attend the hearing and trial. U nder these circumstances the temporary laborer would receive reimbursement for his transportation and other expenses incurred while attending the hearing and trial, on Form 4 accompanied by subvoucher 4a. It is impossible to frame general instructuons which will fit every contingency. In case of any doubt, specific advice should be sought be- fore incurring the contemplated expense. Search without search warrant. Forest emplo\'ees who, pursuant to the laws of Idaho and Montana, have been appointed or designated as deputy fish and game wardens may without a warrant search certain places and articles for any species of game animals or fish or fur-bearing animals or game birds illegally obtained. No authority is conferred by law on any officer whether Federal or State to search a man's home or the outbuildings connected with his home without a search warrant. Under the Montana law, deputy game wardens, sheriffs, deputy sheriffs, State forest officers, constables, and other peace officers are empowered to search without warrant for game animals, fish, fur-bearing animals, or game birds, or parts thereof, any camper's tent, boat, car, automobile, or other vehicle, box, locker, basket, creel, crate, game bag, or other package. With a search warrant any of these officers may search a residence or other building, or places, or articles, not defined above. The Montana law does not specifically authorize national forest employees to act as deputy game wardens. They must be appointed by the State fish and game warden before they can legally perform the duties of such wardens. National Forest supervisors, deputy supervisors, and rangers located in Idaho are specifically empowered by statute to perform the duties of deputy game wardens. Other national forest employees in Idaho must be appointed by the State fish and game warden before they can legally act. In practice all forest officers in Idaho receive from the game bureau a commission as evidence of their right to enforce the game 71 laws. Deputy game wardens and all other peace officers of Idaho iiiay seareh icithout warrant depots, cars, warehouses, cold-storage rooms warerooms, restaurants, hotels, lodging houses, markets, ])aggage, packages, tents, wagons, autos, vehicles, and camps, upon reasonable suspicion, for game animals, fish, or birds, or fur-bearing animals, cap- tured in violation of law. Other places and personal effects may be searched for game animals, game fish, game birds, and fur-bearing animals, under authority of a search warrant. A search warrant should be read to the owner or occupant of the place or thing to be searched. CRIMINAL PROCEDURE BEFORE UNITED STATES COMMISSIONERS. United States commissioners. A United States commissioner is an officer of the United States dis- trict court in the district for which he is appointed. lie exercises crim- i nal jurisdiction within very narrow limits. He has no power to impose a penalty for any oiTense. Neither can he inflict punishment for con- tempt of his court. All he can do regarding contempt offenses is to report them to the proper United States district judge for disposition. Powers and duties. In criminal matters a United States commissioner is authorized by Federal law to issue warrants, upon proper complaint, for the an-est of ofTenders against the laws of the United States, and cause them to furnish bail pending trial. He may cause any alleged ofTender to be imprisoned pending trial by the United States district coiut if the accused fails to furnish satisfactory bond for his appearance for trial. Criminal complaints. Unless a sufficient complaint under oath is filed with a United States commissioner and a showing of probable cause for holding the accused for trial be made, there is no legal authority for keeping the defendaiil under bail or in prison. The laws of each State in Forest Service district 1 require a criminal complaint to be sworn to and based on the personal knowledge of the person making the charge. Therefore a criminal complaint filed by a forest employee or other person, with a United States commissioner, must be supported by oath, and the facts showing the crime, and that in all probability it was committed by the accused, must be within the personal knowledge of the deponent. A form of criminal complaint is incorporated in this book. A certified copy of the complaint should be attached to the warrant of arrest in order to inform the defendant of the substance of the charge against him. Criminal complaint; general features. The complaint must designate the specific offense committed and specify the statute and section violated, with such particulars of time. place, person, and property as will enable the defendant to understand clearly the character of the olTcnse charged. Extreme care should be 72 used 111 druwiiij,' the complaint, since not only the arrest but the case in court will be based upon it. In the wording of the complaint the lan- s^uage of the law invoiced should be closely followed. Include only what you are sure you can prove. In a larceny case, for example, the exact items and numbers charged as stolen must be proved or the case will fail. Charge the easiest otlense to prove, for instance, having game in possession out of season, rather than killing, unless evidence on the latter is ironclad. Fach offense, whether under the same or separate sections of the statute, should be made a separate count. If several men are taken for one olYense, they should be charged jointly, since this saves time and expense in multiplication of cases. -Arrest of the accused; serving the warrant. There are two ways by which a person known to liave committed an offense against any Federal forest law may be brought before a Tnited .States commissioner for preliminaiy hearing. (1) Any employee of the Forest Service may arrest any person foimd by such employee violating any law or regulation relating to the national forests. After arrest the prisoner should be taken immediately before a United States commissioner, where a written or printed complaint under oath must be filed by the forest employee who made the arrest or by any other person who has personal knowledge that the prisoner committed the crime. (2) The forest employee may Tust file a complaint under oath with the I'nited States commissioner, whowill issue a warrant for the arrest of the accused. This warrant may be directed to the forest employee for execution, or to the United States marshal or his deputy, provided the oiYense charged is a violation of any law or regulation applicable to national forests. If it be necessary to expedite the arrest, the forest em])loyee may execute or serve the warrant. If the oiTcnse charged be against some other Federal law, such as that governing the stealing or embezzling of personal property or money of the Ignited States, a forest employee is without authority to execute the warrant, even though he is the complaining witnw,. The arrest must be made by a United States marshal or one of his deputies. Whether the arrest be made by a forest employee or by an employee of the United States marshal's office, the complaining forest employee and the other Government v.-itnesses in the case should appear at the preliminary heaiing before the United States commissioner, in order to ])rove to the commissioner that there is probable cause on which to require the prisoner to appear for trial in the United States district court. Attendance of witnesses. .lust as .soon as the forest employee files, or has caused to Ije filed, a formal criminal complaint with a I'uited States commissioner, he should furnish the commissioner with the names and post-office addresses of ihc witnesses for the <";overnment, other than forest employees. Forest / 73 o.nployees should appear volnnlaril.v at lh(> ])rclin!inai y iioarirr;, if necessary. The commissioner will then issue a subpfna for each witness desired, not, however, exceeding four. Only four witnesses can be legally sub- l)t]enaed at the expense of the Ignited States to testify at a criminal i:)reliminary hearing before a I'nited States commissioner, unless under sp(>cific authority from the Tnited States district attorney. Subpoena and service thereof. A subp.jena issued by a United States commissioner can not be served legally by a forest employee. This function is performed by the United States marshal or his deputy. Usually the delay incidental to the ser- vice of a subpama by the United States marshal's office causes consid- erable inconvenience in getting action before the United States com- missioner. Generallj^ speaking, however, the Forest Service will have little difficulty in expediting preliminary hearings, since it is seldom necessary to have at the heaiing other than forest employees to establish ])rf)bable cau?e. Arraignment of the accused. Upon arraignment before the United States commissioner the criminal complaint should be read and explained to the accused. The defendant "Should be given reasonable opportunity to employ legal counsel, should he desire to do so, before any testimony is introduced. The defendant may waive hearing and ask to have his case sent to the United States grand jury for consideration. In the latter case there is, of course, no need for the introduction of evidence. Postponement of preliminary hearing. It is within the power of a United Stales commissioner to postpone from day to day a preliminary hearing so long as he does not abuse the privilege. Witnesses. A witness in a criminal case may be required by the United States commissioner, presiding at the preliminary hearing, to give bond or recognizance for his appearance to testify in the United States district court at the trial of the accused. If the bond required is not furnished the United States commissioner may commit the witness to prison until the date of the trial. Witness fees. In criminal proceedings before United States commissioners the wit- ness fees prescribed by law are limited to $1.50 per day and 5 cents per mile for travel each way. A witness who appears voluntarily to testify is entitled to fees if he be one of the limited number allowed. Search warrants. United States commissioners are not authorized to issue search war- rants as a general proposition. In a few^ specific instances the Federal statutes permit a commissioner to issue a search warrant upon a proper showin.g. None of these special laws relates to the activities of the Forest Service. Should the interests of the service require that a search 74 of any particular placo be made, to recover Goverinuent projierty stolen or unlawfully concealed, the forest officer in charge of the j)roperty should explain in full the circumstances to the district forester. The United States district judge will then, if advisable, be requested to issue the search warrant. Hearing. The presentation of a case to a Ujiitcd States conunissioner is usually a very simple matter. In general the methods employed in a State justice's court are permissible. There is no jury to select, as frequently must be done in a justice's court. The commissioner is the judge of the facts submitted and from them determines whether or Jiot there is prob- able cause for holding the accused for trial. All that the forest officer in charge of the case for the Government has to do is to present in logical order the facts or circumstances which he deems sufficient to convince the commissioner that the otTender should be bound to appear for trial by the United States district court . If the case should be based on dis- puted points of law, or if it be too complicated for thorough presentation by the local forest officer, the services of the assistant to the solicitor or the law enforcement officer should be requested through the district forester by letter, wire, or telephone. Report. If practicable a written statement of the facts of each case to be heard before a United States conmiissioner should be submitted to the district forester prior to the date of hearing. In any event a full trespass report (outline 874-20) must be forwarded to the district forester immediately after the preUminary hearing, unless the accused be discharged from custody by the commissioner. The district, forester should be informed of the reasons for the discharge of the accused and of the particular facts showing the insufficiency of the case of the Government. State justice may perform functions of United States commissioner. Under section 1014 of the United Slates Revised Statutes a State justice of the peace, probate judge, or other magistrate, or mayor of a city, may act as a comiuitting officer, issue warrants of arrest on proper complaint for offenses against the laws of the United States, and hold a hearing to determine whether or not there is probable cause for requiring the accused to appear for trial in the United States district court. In fact, a State justice has authority to exercise all of the legal functions that any United States commissioner may perform at or in connection with a preUminary hearing under the Federal laws. The State justice in a case conducted by him should use in a modified way the criminal forms adopted for practice before United States com- missioners. A transcript of the entire proceedings, including copies of all writs issued and a statement showing the disposition made of the prisoner, should be submitted speedily by the justice to the clerk of the United States district court. The transcript should be accompanied by an itemized account of the fees due the justice for acting in the case. These fees will be paid on the approval of the clerk or judge of the United 75 states district court corresponding to the amount paid by the enmity for similar services. If the office of a United States commissioner be easily accessible to ii complaining forest employee, a criminal case should not be set before a State justice. It is advisable to have the consent of the State justice to hold the hearing before him, before the offender is brought into his court. The reason for this is that the State justice may not want to hear the case or may feel that he is not authorized legally to hear and pass on the evidence, or it may be that the necessary forms are not readily available for his use. The forest employee should do everything reasonable to assist the justice in handling the case. Criminal forms. A limited number of specimen forms used by United States commis- sioners in criminal cases are incorporated in this volume. Defendant. The person charged with the commission of any crime against the United States is entitled to be represented by legal counsel at the pre- liminary hearing before the United States commissioner. It is his right to take every technical advantage possible of the situation to procure the quashing or dismissal of the complaint. He should be informed of his right to do so, and he must be given ample opportunity to secure counsel . Information; indictment; trial. After an accused person shall have been held or bound over by a United States commissioner for trial the next step in the criminal jiro- ceedings is the filing of an information by the United States district attorney, or the finding of an indictment by a Federal grand jury. If the offense be a felony or other infamous crime, the constitution of the United States requires that the accused must be indicted. Only in case of a misdemeanor (an offense not punishable by imprisonment ex- ceeding one year or at hard labor) can an information be filed in the Unitad Stit3s district court. After the filing of an information or the finding of an indictment the case will be set for trial. All of this work is under the dire3tio.i of the United States district attorney. Writs of United States commissioners. Warrants of arrest and other writs issued by United States commission- ers, or by State justices while exercising the functions of a commissioner, do not run outside of the judicial district for which the judicial officer is appointed. If it be desired to remove a person accused of crime to the judicial district within which the crime was committed and to the jurisdiction of the United States commissioner who issued the warrant the said warrant or a certified copy of it or of the indictment or informa- tion must be sent to some United States commissioner in the district or State where the accused is located, with request that another warrant be issued for the arrest of the offender. Upon a proper showing the warrant will issue and the United States marshal or his deputy for the district in which the accused is found will execute the warrant. The prisoner is then entitled to a hearing before the United States com- 76 missianer who issued the second warrant for his arrest. If probable cause bo fDund for holding the prisoner, the record of the proceedings will be se:it to the judge of the United States court for the district where the ofTender had been apprehended. The prisoner is entitled to notice of the proposal to remove him to the district or State where the alleged offense was committed, and to a hairing bafore the judge requeste i to order the removal. At this hearing the prisoner may contest the right to remove him and introduce evidence to prove his innocence. Upon a satisfactory showing by the Government the judge will issue the warrant for the return of the accused to the State or district having jurisdiction to try the charges. As a rule, removal proce3ding-! are handled bj' the United States attorneys of the districts intere.sted. Note.— A United States judicial district may comprise a whole State or a part of a State. Limitation on criminal action in Federal courts. No indictment shall be found, nor shall any presentment be made without the concurrence of at least 12 grand jurors. All crimes and offenses cDmraitted against the United States which are not infamous may be prosecuted either by indictment or by information filed by a district attorney. No person shall be prosecuted, tried, or punished for treason or other criminal offense, willful murder excepted, unless the indictment is found or the information is instituted within three years next after su:'h treason or criminal offense is done or committed. (Sec United States Revised Statutes, sees. *1021, 1022, 1043, and lOU as amended by act of April 12, 1876.) CRIMINAL PROCEDURE IN JUSTICES' COURTS OF MONTANA. Justice of the peace. A justice of the peace in Montana is vested tjy law with criminal jurisdiction of a limited character. He has authority to hear criminal charges in all cases of misdemeanor where the penalty is a fine of not more than $500, or imprisonment for not more than six months, or both. In this class of cases a justice may impose the penalty after the guilt of an accused person has been found in the legal way. Warrants of arrest subpcenas, search warrants, and other writs necessary to enforce his authority may be issued by the justice. Under the law he is a magis- trate. He may punish for contempt of his court. Whenever the statutes pro\-ide that a certain function must be per- formed or exercised by a magistrate, a justice of the peace may do it. He may issue warrants for the arrest of persons charged with felonies and hold them for trial after preUminary hearing, although he has no power to try cases of felony. In case of an offense against any Federal law he may act as a com- mitting magistrate with all of the power conferred by law on a United States commissioner. For a discussion of the powers of a justice of the 77 peace wliile acting as a committing magistrate under Federal law, read the article under "Criminal jjrocedure before United States com- missioners," subtitle, "State justice may perform functions of United States commissioner." Felony. Under Montana law a felony is a crime punishable with death or imprisonment in the State prison. All other crimes are misdemeanors. It is well to remember that a county jail is not a State prison . A crime declared to be a felony by the Montana Legislature is puni.^h- able by imprisoiunent in the State prison for not more than 5 years unless otherwise specifically provided by the legislature. As a general rule, the legislature provides the penalty in the enactment, but in many instances it classifies the crime only, thereby permitting the court to inflict punishment under the general penalty. The prosecution for a felony is begun by the filing of a information by the county or prose- cuting attorney, or by the finding of an indictment by a grand jury of the county. Misdemeanor. A misdemeanor is any crime not declared to be a felony by the Montana Legislature. The punishment for misdemeanor is a fine of not more than $500, or imprisonment in the county jail for not more than six months, or both, unless a different punishment is specifically provided by law. It frequently happens that the legislature defines the penalty for a crime but does not specifically state whether the crime is a felony or misdemeanor. In this kind of a case you should refer to the definition of felony and of misdemeanor in order properly to classify the crime. The prosecution for a misdemeanor is generally commenced by the filing of a complaint under oath. Sometimes the prosecution is begun by information or indictment. Territorial jurisdiction. Under the statute each township should elect two justices of the peace. The boundaries of each township are defined by the county commissioners. A justice of the peace may hold court for the justice of the peace of any other township in the county, upon request of the latter. Any misdemeanor committed within the county may be tried by any justice of the peace of the county. The practice is, however, to bring the offender before the nearest justice for prehminar> hearing or trial. While a justice of the peace may not be legally authorized to punish for a felony, ho has jurisdiction as a magistrate to issue a warrant for the arrest of a person charged with the commission of a felony com- mitted within the county and to bind the accused for trial. Warrant of arrest. A warrant of arrest or other writ issued by a justice of the peace may be executed in any part of the State by the sheriff, constable, marshal, or poUceman of the county in which it was issued. A specimen warrant of arrest is inclosed in this volume under the subtitle " Criminal forms." As a general proposition, a warrant of arrest or other writ of a ju'^tice 78 of the peace must be directed for service to a sheriff, constable, marshal, or policeman. If the offense charged be against any of the forest-fire laws of the State, a duly quaUfied forest oflacer may also be directed to execute the warrant, because forest officers, under the State forest fire law, are ex officio fire wardens. Should the crime be against any of the game laws of the State, the warrant may also be directed for ser\ice to a forest employee, pro^ided he has been appointed a State deputy game warden. Should there be no duly elected and quahfied constable for the justice township, the justice of the peace may depute a special constable to serve a summons, subpcBna, warrant of arrest, or other writ necessary to enforce his legal authority. Complaint. All criminal actions in justice of the peace courts are begun by com- plaint. This document must be under the oath of some person who from personal knowledge is familiar with the facts of the crime charged. The Montana statute provides that the complaint must state: (1) The name of the person accused, if known. (2) The county in which the offense was committed. (3) Thegeneralnameof the offense. (4) The person against whom, or against whose property the offense was committed. (.5) If the offense be against property, a general description of the property must be given . (6) Particulars as to time and place of the offense. (7) The crime may be defined in the words of the statute appli- cable in the case. (5) The complaint must be subscribed and sworn to. A specimen copy of a complaint may l)e found in this volume under the subtitle "Criminal Forms.'' .\rrest without warrant. A national forest oj^^cer located in Montana may arrest \\ ithout warrant a person violating in his presence any of the forest fire laws of the State. Any national forest officer or employee who holds a commission as State deputy game warden may arrest without a warrant anyone violat- ing in his presence any of the fish or other game laws of the State. If the offense committed be a felony, such as maliciously setting on fire any timber land, the arrest may be made upon reasonable suspicion by the forest officer or employee, provided he has the qualifications defined above. As a private citizen a forest employee may make an arrest for a public offense committed in his presence or when a felony has in fact been committed and he has reasonable grounds for believing that the person arrested committed it. Should he make a mistake, however, he would be liable in civil damages to the party injured, whereas if he were oper- ating by authority of a legal warrant, he would not be so liable. Note.— These powers are derived from the statutes of Montana and not by virtue of your selection as national forest employees. Arrest. To lUikc an arrest it is not uoeessary physically to seize the ofTender. If, upon the request of an olRcer, the accused subjects himself to the authority of the oflTiccr, the arrest is complete. However, if the accused will not submit, all force reasonably necessary to remove the prisoner to the presence of a justice of the peace for hearing may be used. Fur- thermore, the oflTicer making the arrest may summon orally as many persons as he deems necessary to accomplish the arrest. An arrest for a misdemeanor can not be legally made at night unless luider the direction of the justice or magistrate indorsed on the warrant. In case of felony the arrest may be made during the day or night . The offender must be advised of the intention to arrest liim and of the authority'of the officer, except when the criminal is found engaged in the commis- sion of the crime . Forest officers acting under the authority of a warrant must show it to the accused. It is good practice to read it to the offender. All weapons found on the person arrested may be taken from him. They must bo delivered to the magistrate or justice. Limitation of criminal action. In case of misdemeanor a complaint, information, or indictment must be (lied within one year from the date of the offense, or the action is legally barred. If the crime be a felony, the information must be filed, or indictment must be found within five years from the date of the offense, or the criminal prosecution can not be legally commenced. There is no limitation on the commencement of legal proceedings to punish for murder or manslaughter. The above limitations do not apply if the offender has (led or removed from the State. They apply only to actual residence within the State. Upon return to the State where the offense was committed the offender may be prosecuted for the crime if his total residence in the State since the commission of the offense has not been more than the limitation period. Rights of defendant. A person formally accused of crime of any kind shall haxo the right: (1) To appear and defend in person or by counsel. (2) To demand the nature and cause of the action . (3) To meet the witnesses face to face. (4) To have process to compel the attendance of witnesses in his behalf whether they reside within or without the county in which he is to be tried. (5) A speedy and impartial trial by a jury of the county in which the offense is alleged to have been committed. (6) To ha^■e a change of venue upon a proper showinf . (7) Not to be prosecuted a second time for a public offense for which he was previously prosecuted and con^icted or acquitted. (8) Can not be compelled to be a witness against himself. (9) Can not be punished for a public offense except upon a legal con- viction. (10) Unless upon a plea of guilty, no person car. be convicted of a felony without the verdict of ajury of 12 quahfiod persons being accepted and recorded by the court. 80 (11) No defoadaut can be punished for a misdemeanor except uf)on a plea of guilty, unless a verdict of "guilty" is delivered to the court by a legal jury. The defendant may waive a jury and submit his case to the judgment of the court. (12) Must be taken before the magistrate who issued the warrant for his arrest or some other magistrate of the same county if the alleged crime be a felony. (Note.— This is for preliminary hearing only.) (13) If the crime charged is a misdemeanor, and the arrest is made in another county, the defendant at his request must be taken before the nearest magistrate in order that he may be promptly bailed. If bail be not forthwith furnished, the officer must take his prisoner before the magistrate who issued the warrant. Should the latter be absent or unable to act, the prisoner must be taken before the nearest or most accessible magistrate in the same county. (14) The defendant must be brought as promptly as possible before the magistrate for hearing. (15) Reasonable opportunity to secure the services of counsel must be given to the defendant. (16) If the defendant is brought before a justice other than the one who issued the warrant of arrest, the complaint on which the warrant was issued must be in the possession of that justice. (17) In general, the officer making the arrest must take the prisoner l)efore the nearest magistrate of the county in which the olTense is triable . The officer must deliver to the magistrate the complaint and warrant with his return indorsed on the waiTant. (18) If arrested without a warrant, the defendant mifst be promptly taken before the nearest magistrate, and he is entitled to have a formal complaint under oath filed against him immediately, so that he may know definitely the nature of the charge against him. He is also entitled to all of the rights above specified. (19) Must be present in court before the trial can proceed. (20) Except in certain specified cases a wife can not testify against her husband without his consent, nor a husband against his wife without her consent. (21) The right to appeal from a judgment of the justice's court and to have a trial anew in the district court. Bail. The prisoner at any time after his arrest and Ix^fore his coTiviction may be admitted to ))ail by the justice's court. Magistrates. • A magistrate is an officer having authority to issue a warrant of arrest . In Montana justices of the supreme court, judges of the district court, justices of the peace, and police justices are magistrates. The magistrate may examine any person who files with him a criminal complaint to determine the degree of personal kjiowledge of the crime possessed by the complainant. 81 Peace officers. Sheriffs, deputy sheriffs, constables, marshals, and policemen arc peace officers. Jury. In the coirt of a justice of the peace, a legal jury is composed of six qualified persons. The defendant may agree to any numl er less than six persons: or the accused may waive his right to have a jury try his ease and permit the court to hear and pass on the facts as well as the law of the case. The jury of a justice s court may be summoned orally by any sheriff, constalle, marshal, or policeman of the county. If there be no duly ciualified constalle in the justice township, the justice is legally authorized to appoint a special constable to summon a jury. The assent of two-thirds of the Jury in a justice s court is all that is necessary for a verdict if the charge against the defendant be a misde- meanor. If the offense charged is a felony, the verdict of the jury in a district court finding the accused guilty must 1 e based on unanimous consent. If a jury be discharged without reaching a verdict, the defendant may be tried again. A jury may fix the punishment within the limitations provided by law. Should it fail to do so, the justice of the peace will fix it. An erroneous verdict may be modified by the court. Judicial, military, and civil officers of the State and of the I' nited States are ex- empt from jury service. These officers must, however, respond if sub- poenaed. Their claim for exemption should then be presented to the court. Qualifications of jurors. (1) A competent juror nuist be a male citizen of the United States over 21 years of age and not over 70. (2) He must be a resident of the State at least 1 year and of the county 90 days. (3) He must be in possession of his natural faculties and of ordinar}- intelligence. (4) He must have sufficient knowledge of the English language. (5) He must be assessed on the last assessment roll of the county on property belonging to him. Information; indictment. There is no substantial difference between an information and an indictment. Both are formal accusations of crime. The first is usually filed in the court by the county attorney, and the other is filed in the same place by a grand jury. Grand jury. In Montana a grand jury is composed of seven qualified men selected from the citi-ens of the county to inquire into any public offense com- mitted in the county and to find an indictment of the offender. Crimes committed near boundary. If a crime is committed in Montana within 500 yards of the boundary coincident to two counties, either county has jurisdiction to try the 110113—22—6 82 offender and impose a penalty. If property obtained through larceny, burglary, of robbery be brought into a county from another within Montana, either county has jurisdiction to try the criminal. A person who steals property in another State and brings it into Montana may 1)C tried in any county into or through which the property has been brought. Subpoena. A subptcna is a process or a writ by which the attendance of a witness is required at a specified time and place to testify regarding the matter in hearing. The subpoena may require the witness to bring -with him into court any book, document, or other thing under his control which he is bound by law to produce as evidence. Service of a subpoena is made by showing the original and delivering a copy to the witness per- sonally. If the witness does not respond after legal service, he may be punished for contempt of court. A subpcrna may be served ])y any per- son. UsTially it is served l)y a sheriff, marshal, constable, policeman, or game or lire warden. If served by a forest emploj'ee, he should make his return on the back of the original and return it to the justice. Upon faihire of a \A-itness to appear at the time and place specified in the sub- ptTua, the justice may issue a warrant for the arrest of the witness. Th6 warrant must be directed to the sheriff of tlie county for execution. The magistrate before whom the complaint is filed or before whom the case is set for trial usually issues the subpoena to the witness. The county attorney may also issue subpceneas for witnesses to support a prosecu- tion, or to attend a sitting of the grand jury, or to support an information or indictment, or to appear before the court in which the trial is held. No person is o1)liged to attend as a witness before a court or magistrate out of tlie county in which the witness resides, unless the judge of the court in which the offense is trial^Ie, or a justice of the supreme court, or a judge of the district court, shall indorse on tlie subpana an order to attend. This indorsement is usually attaclied to the subpoena after a proper showing is made by affida', it of the county attorney, of the mate- riality of the witness. The defendant or his counsel may also require the attendance of witnesses in his favor through tlie same channel. Fees are not advanced; but if the witness is too poor to pay the expenses pen iing reimbursement, the court may order tlie cleric to advance the expenses of the v.dtness. No fees aie advanced to witnesses residing within the county. A specimen copy of subpa na is incorporated in this book under the title, "Criminal forms." Witnesses. To be competent, a witness must be of sound mind. Generally speak- ing, the ^^'itness must be over 10 years of age. A defendant in a criminal case can not be compelled to be a witness against himself. He may, however, testify on his own behalf if he so desires. When he appears on the stand, he is subject to examination like any other witness, and his testimony may be used for or against him, as the facts warrant. AVhen two or more persons are accused jointly of an offense, any one may testify 83 against the other or others, but his testimony can not be used later against him in the criminal action. The method of compelling witnesses to attend criminal trials is treated under the subtitle, "Subpana." Tf a witness willfully disobeys any lawful order, process, or writ of a court or magistrate, he is liable to a fine of not more than $500 or to imprison- ment for not more than six months, or both. In criminal cases the fees and expenses of witnesses \i\ ing within the county need not be advanced . However, upon a showing of poverty the judge of the district court may draw a warrant on the coimty treasurer for the reasonal^le expenses of the witness. A witness at a hearing before a justice's court may be re- quired to furnish an undertaking for his further appearance in the case. If he fails to furnish the security, he may be committed to jail until his deposition can be taken. For fees in justice's court a witness is allowed for each day in attendance $1..50 and 10 cents for each mile traveled to and from place of hearing or trial. Plea. Upon arraignment the accused may enter a plea of guilty, or he may offer a plea of not guilty and demand trial in the manner prescril:ed by law. If a plea of guilty be entered, the ease need not be submitted to a jury. This plea is usually made orally. He may demur to the com- plaint or move to have it quashed. Selection of jury. A challenge to the entire panel may lie olTered by the defendaiit or the prosecution. The challenge must be founded on some irregularity in the drawing. In a trial in a justice's court the defendant is entitled to four peremptory challenges and the State to two, A peremptory chal- lenge is an objection to a j uror for which no reason need be given. There is no limit to the number of challenges for cause. The comt in each case passes on the challenge for cause. Challenges for cause are made for conviction of felony, unsoimd mind, being prejudiced, relationship to the defendant, agency, close business relationship to the defendant, having served on the grand jury that brought in the indictment, having formed an opinion as to the guilt or iiuiocence of the defendant, and other reasons. Postponement. Before the commencement of a criminal trial in any court either party to the proceelings may upon good cause shoivn have a reasonable post- ponement. The reasonableness of the request will be decided by the judge. Usually affidavits to support the request must be presented. Prosecution of a corporation for crime. A corporation may be prosecuted for a criminal olTense just as w-ell as a natural person. The mode of procedure in general is very similar to that employed when a natural person is brought to the bar of justice. A criminal complaint may be filed before a justice of the peace charging a corporation by its corporate title with the offense committed by it. The justice will then issue what is known as a summons (copy incor- porated in this w^ork), wliich may be served in the same manner as a 84 subpoena upon the president or other head of the corporation, or upon the secretary, cashier, or managing agent. Upon the day set for hearing, after proofs are submitted, the mag- istrate will certify upon the complaint that there is or is not probable cause for holding the corporation for trial in the district court. The magistrate will then send the complaint to the clerk of the district court where the county attorney, on leave of the court, files an information against the corporation, or has it indicted by a grand jury. Corpora- tions are not punished for their crimes by justices' or police courts. The only function of the justice in this class of cases is to make his finding of the probable guilt of the corporation and transmit it to the district court. The county attorney then handles the prosecution of the corporation. Before proceeding against a corporation it would be advisable for forest officers to confer with the county or prosecuting attorney so as to reach a thorough understanding relative to the use of the evidence of guiltj available, and the method of procedure. Trial. After motions and demurrers are disposed of, the first step in a crim-" inal trial is the selection of a jury to try the case. The submission of evidence in natural order takes place next. Usually the State presents its side of the case first and the defense secondly. Each witness, whether for the prosecution or defense, must give testimony based on personal knowledge of the crime or of some fact tending to connect the accused with the crime. All witnesses are subject to cross-examination and impeachment. Careful examination may be made to test their prejudices, their op- portunity to observe, their intelligence, and their ability to get a men- tal picture of the occurrences which they relate. Most of this is done; on cross-examination. There is one exception to this rule, and that is in the case of witnesses known as "experts." Within certain restric- tions an expert witness may declare his opinion of the effect of facta known or presumed to be true. The accuracy of maps, charts, photographs, and other exhibits pre- sented for use at the trial may be tested, and the qualifications of the makers inquired into very closely. This rule applies also to the authors of technical books. In fact, it applies to everything submitted for the ex- amination of the court and jury. (See topic "Maps and photographs.") In presenting a case it should always be remembered that the judge is the arbiter of the law and the jury the judge of the facts. It is very^ necessary to present a case in plain understandable EngUsh since, as rule, a jury is composed of ordinary men of rather limited education The answers of forest employees acting as witnesses in a criminal case] should be in the simplest language possible, brief and to the point Evasive answers make a bad impression on the court and jury. A jury in a criminal trial must sit together after hearing the charge until they have reached a verdict, or their disagreement is approved bygr! the court. Misconduct of a trial jury may be grounds for a new trial ol the defendant, should it bring in a verdict of guilty. The jury may d 1 nlj 85 cide the case in the court room or retire for deliberation. The jury is sworn before it takes up the consideration of the evidence. The defendant must be present before the trial can be legally begun. New trial in general. A new trial may be granted onany of the following ground: If the jury receives evidence for consideration outside of that submitted to the court; separation without leave of the court; misdirection by the court on any material point of law; when the verdict is contrary to the law and the evidence; discovery of new evidence not known to the defendant at time of trial and which could not be discovered with reasonable diligence, etc. Verdict. The verdict of a j ury must be delivered to the court pubUcly. If there are several defendants, the jury may render a verdict as to those on which they have agreed. Upon disagreement regarding the others the court should be informed. Those regarding whom no verdict was reached may be tried by another jury. Only theassent of two-thirds of the num- ber on the jury is required for a legal verdict in a justice's court. Judgment. If the accused be found guilty of a misdemeanor, the judgment of the court may be rendered in his absence. A judgment for felony in the district court must be delivered by the judge in presence of the defend- ant. The judgment of a justice's or police court must not be rendered more than 2 days nor less than 6 hours after the verdict unless the de- fendant agrees to a difTerent time. Appeal. A defendant in a justice's or police court case may appeal from the judg- ment at any time within 10 days to the district court, where a new trial of the charges in every respect will beheld. The notice of appeal is given in open court at the time of rendition of judgment, or by a written notice within 5 days thereafter. In order to secure a new trial in the district court, an undertaking to guarantee the fine and costs of the case must be filed in the justice's or police court. The defendant may be bailed pending his trial by the district court. Police courts. A police magistrate or justice is an officer having jurisdiction of mis- demeanors and acts declared by ordinance to be offenses, committed within cities or towns. His powers are like those of a justice of the peace. Search warrants. A search warrant is an order in writing issued by a magistrate to a sheriff, marshal, constable, i^oliceman, game or fire warden to search for personal property and bring it to the magistrate or justice. This warrant is issued only upon a propc^- showing under oath that: (1) The property sought was stolon or embezzled. (2) The property son.ght was used in the commission of a felony. (3) The property is in possession of any person with intent to use it as a means of committing anj' public offcjne. 86 (4) The properly is in possession of a person to whom the person in- tending to use it as a means of committing a piibUc offense had delivered it. (5) The property is desired as evidence of a violation of any of the game laws of the State. A writ of this character is issued only on a finding of probable cause to believe of the existence of the property and that it is within one of the classes defined above. The justice or magistrate is obliged under the laAV to examine carefully and fully the person making application for the search warrant before he shall issue it. In the execution of a search war- rant the officer may break open any outer or inner door, or any window of a house, or any part of the house, if, after proper notice of his authority to the owner or occupant, he is refused admittance. Should the officer be locked into any room or part of the building while in the performance of his search, he may break open any part of the house to secure his liberation. Unless the magistrate or justice specify on the search warrant that it may be executed in the night time, it must be executed in the day time. A return on the search warrant must be made to the justice or magistrate within 10 days from the date of its issuance. The officer executing the search warrant for his own protection should give an itemized receipt for the property taken to the person ccupying the building from wiiich it was removed. The law requires that this be done. If the building be unoccupied, the receipt may be tacked or posted on the inside of the building. But it would be better practice to deliver the receipt to the person in control of the btiilding at the time the property was removed. A specimen copy of search warrant is inclosed ; in this volume under the subtitle, "Criminal Forms." Affidavit. An affidavit is a wTitteii declaration inider oath, made without notice to the adverse party. It must be subscribed and sworn to by the affiant or person making the statement. The oath must be administered by an officer empowered to administer oaths. An affidavit must be specifi- cally required by law^ in order to hold the affiant criminally responsible for a false representation in it of the facts. A national forest employee as such has no legal authority to administer oaths. Forest employees should, however, secure written statements signed by the person inter^iewed and sworn to before the forest employee seeking the statement. Such statements are not affidavits in the strict- est sense of the word, but they are commonly accepted and considered as such by the public. They should be prepared in the form of an affidavit whenever possible on account of the impression made on the mind of the person making the statement. Furthermore, a statement of this charac- ter, though not admissible as evidence as a general rule, is an index to what the testimony of the affiant will be, if he should be called or sub- poenaed as a witness. Then, too, these statements are invaluable to the county attorney, law enforcement or prosecuting officer, since through them he obtains a definite idea of the testimony to expect from a witness at a trial. A form of afTidavif is incorporated in this haiulliook undor the title, "Criminal forms." Deposition. A deposition is a written declaration under oath of a witness outside of the jurisdiction of the trial court or unable to attend the trial because of illness or other excusable cause. The party seeiiug the deposition must inform the other party to the cause of the date set for the taVinsr* of the deposition, so that he may have opportunity to appear and cross- examine the witness. l^sually a deposition is in ilie form of question and answer. 'Die court in which a case is being heard or to be heard will issue a commission to some magistrate or officer empowered to administer oaths to take the deposition desired. Unlilre the ordinary affidaAit, a deposition when properly ol^tained becomes admissible evidence at the trial of an accused person . The magistrate l;efore whom tlie deposition is lobe made may force the deponent to attend by the usual method applicatie to other persons whose testimony is required. A defendant in a criminal case may have depositions taken in his behalf, whether the deponents are vrithin or without the State. The prosecution is entitled to the same advantage. Criminal responsibility. No person is criminally responsible for the crime of another, unless he took some part directly or indirectly in the commission of the ofTense. In a criminal sense, "indirectly" does not mean innocently. If there had been a conspiracy between two or more i)ersons to commit some public offense, all would be responsible for the crime committed, even though some took no active part in accomplishing the crime. Conspiracy is an exception to the general rule. For example, two men are traveling together through the forest, and both have been smoking cigarettes during travel across a specified area. It is known positively that no other person besides the two smokers passed over the route traversed within a certain hour. No lightning had existed in the region during the hour. A cigarette fire was discovered within the hour on the route traversed. The presumption here is strong that some one of the smokers started the fire by a hghted match or a cigarette stub. On the theory that either one or the other must be guilty you can not hold both criminally responsible for the fire even though they admit that they were smoking while crossing the point where the fire occurred. You must prove which one is liable fo'- the offense. Of course, if two or more persons are engaged in the commission of a public offense, and, if, while attempting to consummate their criminal purpose, any one of them commits some crime other than that intended, all may be criminally responsible under certain circumstances. To attach criminal responsibility to anyone, a suspicion, no matter how plausible or convincing, is not sufficient. Proof of the crime and of the responsibilitj' of the accused for it, must be clear, positive, convinc- 88 ing, and beyond a reasonable doubt. For a definition of "reasonable doubt" seethe article under the subtitle, " F^videnco.'' County or prosecuting attorney. The law has designated the cpunty or prosecuting attorney as the officer to represent the State in criminal prosecutions. He is vested with large powers in this regard. In the presecutions for offenses against the fire and game laws of the State he is generally wiUing to accept the advice and help of forest employees if the unlawful acts were committed within the boundaries of any national forest or in the vicinity of one. In prac- tice many cases aretriedinajustice scourt which are not prosecuted or handled by the county attorney. Furthermore, the county attorney is the legal adviser of justices of the peace in his county, and forest em- ployees should feel free to ask his advice in matters relating to law en- forcement. CRIMINAL PROCEDURE IN JUSTICES' AND PRO- BATE COURTS OF IDAHO. Introduction. The i)rocedu re provided by Idaho law for the conduct of criminal prose- cutions before justices' and probate courts of the State, is substantially similar to that of Montana. There are, however, nine material differ- ences wliich are scheduled under this title. Otherwise, forest employees must refer to the Montana rules of procedure outhned in this volume for guidance in handling cases in the justices' and probate courts of Idaho. A probate judge in Idaho has no greater jurisdiction in criminal matters than a justice of the peace. His criminal jurisdiction is exactly measured by the statutory rules applicable to justices' courts. Probate court. A prol)atc court is one over which presides a judge elected by the people of the particular county. The office and court of a probate judge are usually located at the county seat. He is a magistrate under the law upon whom is conferred limited criminal jurisdiction. He can impose a penalty for a misdemeanor if the punishment prescribed by law is a fine of not mo e than $30() or imprisonment in the county jail for not more than six months, or both. As a magistrate, he is authorized to issue, upon a proper showing, warrants of arrest, search warrants, subpoenas, commit- ments, and all other writs necessary to enforce his jurisdiction . Since a probate judge is a salaried officer of the county, it is the general practice to have tried before him all misdemeanors committed within the county over which he has juridsiction. In this way, the fees which a justice of the peace charges for his services are saved to the county. As a rule, the ijrosecuting attorney requires that the trials of offenses of this character be held before the probate judge. Frequently, however, the prosecuting attorney will permit the hearing or trial of a criminal case before a justice in an isolated locality especially when the cost of trans- porting the offender and witnesses to the county seat will exceed the fees 89 paid to the local justice and the witnesses. Forest employees should not put the county to unncessary expense in handling prosecutions for mis- demeanors. Justice of the peace. In Idaho, justices of the peace are elected from judicial units known as precincts. A precinct in Idaho corresponds to a judicial township in Montana. The justice must hold court in his precinct, except when he is called into another precinct to act for another justice. He can impose punishment only when the penalty is a fine of not more than $:J00, or imprisonment for not more than six months in the county jail, or both. Felony. The punishment provided by the law of Idaho for the commission of any felony, except death, is a fine of not more than $5,000, or imprison- ment in the State prison for not more than five years, or both. This is the rule except where other punishment for a felony has been speci- fically provided by a statute of the State. Misdemeanor. Unless otherwise specifically provided by statute, the punishment in Idaho for a misdemeanor is a fine of not more than $300, or imprisonment for not more than six months in the county jail, or both. Note: Felonies and misdemeanors are classifications of crime. Neither one is the distinctive name of an ofTense. Crimes committed on vessels or trains. In Idaho the jurisdiction of an offense conunitted on a train or on board any vessel is in any county through which the train or vessel passed or in the county where the trip terminated. Limitation on criminal action. An indictment for felony, other than murder, must be found in Idaho within three years from the date of the offense. Otherwise, the limita- tions are the same as in Montana. Jury. In a justice's or probate court in Idaho, a legal jury is composed of 12 qualified persons. At the trial of a misdemeanor, however, the State and the defense may agree upon any number less than 12, or the parties may waive a trial by jury. The assent of five-sixth of the number serv- ing on the jury is all that is reqtnred for a legal verdict in a justice's or probate court in Idaho. Selection of jury. At a criminal trial in a justice's or probate court in Idaho, the defendant is entitled to four peremptory' challenges to jurors, and the State to three. Otherwise, the procedure is the same as in justice of the peace courts of Montana. 90 Witnesses. The rule of procedure for compelling witnesses to attend criminal trials before justice's and probate courts in Idaho is very similar to that in Montana. There is an exception relative to fees. In Idaho, a \vitne^< is allowed by law $2 for each day of legal attendance, and 2.5 cents per mile one way. There is also a difference as to the nimiber that may be subpcEuaed by the State or defendants. No more than three witnesses may be subpoenaed by either party, at the e.Kpcnse of the county, except upon the order of the judge. This order is usually based on the affidavit of the defendant or the prosecuting attorney, showing that the testimony of the proposed witness is material, and (hat he can not ga to trial safely without it. CRIMINAL PROCEDURE IN THE STATES OF WASHINGTON AND SOUTH DAKOTA. Forest employees. Since there is but a very small part of the National Forest area of district No. 1 within the States of Wa.shington and South Dakota, the criminal procedure in justices' courts of these States is not defined in this volume. It may safely be said, however, that the criminal procedure is sub- stantially the same. There are minor dilferences, of course; but on the whole it is believed that the rules elucidated In the Montana portion of this work will be ample as a guide for the employees of the Kaniksu and Custer National Forests who have to deal with criminal offenses com- mitted within their respective administrative districts. In case of doubt . ask the district forester or the local prosecuting attorney for instructions . CRIMINAL FORMS IN USE BY UNITED STATES COMMISSIONERS, STATE, JUSTICES', AND PROBATE COURTS. Criminal Complaint. (Federal fire law.) United States of America, ^ District of Montana, j Before me, Hugh Smith, a United States commissioner for the district of Montana, personally appeared this day James Corbett, who being first duly sworn, deposes and says: That in the State and district of Montana, on or about the 3d day of August, 1921, Thomas A. Lawson, in violation of section 52 of the Penal Code of the United States, and within the jurisdiction of this honorable court, did then and there willfully, unlaw- fully, and knowingly set on fire or caused to be set on fire timber, brush, and grass upon the public domain of the United States of America, within the Lolo National Forest, against the peace and dignity of the United States of America and contrary to the form of the statute of the said United States of America in such eases made and provided. James Corbett. (Signature of affiant.) Subscribed and sworn to before me this 5th day of August 1921. Hugh Smith, United States Commissioner as aforesaid. Criminal Complaint. (General Federal form.) T'nited States of America, District of , / "' ' Division. Before me, , a United States commissioner for the district of , division, personally appeared this day , who, being first duly sworn, deposes and says that on or about the day of A. D. 192—, at in said district, in violation of (Insert section number and date of statute.) did unlawfully (91) 92 contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the United States of America. Deponent further says that he has reason to believe and does believe that are material witnesses to the subject matter of the complaint. (Deponent's signature.) Subscribed and sworn to before me, this day of A. D. 19—. [SEAL.) U. S. Commissioner as aforesaid. Crimikal Complaint. (Larceny of United States property.) United States of America, ^ District of — , j " Before me, , a United States commissioner for the district of , division, personally appeared this day , who, being by me first duly sworn, deposes and says that , on or about the day of , 192—, in the coimty of , in said district, and within the jurisdiction of this court, in violation of section 47 of the Penal Code of the United States, did then and there imlawfully and felo- niously take, steal, and carry away from another, to wit, from — , then and there a forest officer at , (Name of forest officer.) County, in the State of , personal property belonging to the United States, which said personal property then and there consisted of , the said imlawful and felonious taking and carrying away being with the intent then and there to steal the said property and deprive the United States thereof, contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America. (Affiant's signature.) Subscribed and sworn to before me this day of , A. D, ... United States Commissioner as aforesaid. Criminal Complaint. (State specimen.) [Tlxis form is applicable in the States of Montana, Idaho, and Wash- ington with sUght modification. If used in Idaho, the word precinct should be inserted instead of township.] In the justice court of. Hellgate Township of the State of Montana in and for the county of Missoula, before Oscar Jensen, justice of the peace. 93 The state of Montana, plaintiff, V. \ CompJaint. Geoege W. Paine, defendant, f State of Montana •» County or Missoula / Personally appeared before me this day John H. Clack who, being first duly sworn according to law, complains and says: That George W. Paine, accused by this complaint of the crime of leaving unquenched a camp fire committed as follows: The said George W. Paine did on or about the 28th day of July, A. D. 1922, at the county of Missoula, in the State of Montana set out a camp fire and did unlaw- fully willfully and maliciously leave the same unquenched, all of which is contrary to the form, force, and effect of the statute in such case made and provided and against the peace and dignity of the State of Montana. Said complainant therefore prays, that a warrant may be issued for the arrest of the said George W. Paine, and that he may be dealt with according to law. John H. Clack. (Affiant.) Subscribed and sworn to before me this 3d day of August A. D. 1922. Oscar Jensen, Justice of the Peace of Hellgate Township, Missoula County, Mont. Warrant of Arrest. (Federal form.) The President of the United States of America, to the Marshal of the United States for the District of , and to his deputies, or any or either ofthem-A Whereas, has made complaint in writing under oath before mc, the undersigned, a United States commissioner for the district of , division, charging that late of county, in the State of did, on or about the day of , A. D. 19 , at in said district, in violation of (Insert section number and date of , unlawfully contrary to the form of the statute in such cases statute) made and provided, and against the peace and dignity of the United States of America. Now, therefore, you are hereby commanded, in the name of the Pres- ident of the United States of America, to apprehend the said , wherever found in your district, and bring his body forthwith I If crime be against any of the laws or regulations, applicable to the national forests, the words "or any national forest employee" mav be inserted in the warrant after the word "them". 94 before me or any other commissioner having jurisdiction of said matter, to answer the said complaint that he may then and there be dealt with according to law for the said offense. Given under my hand and seal this day of A. D. 19 [sEAL.J U. S. Commissioner as aforesaid. Return of Warrant of Arrest. (Federal form.) Received this warrant on the day of , 19 — , at , and executed the same by arresting the within named at , on the day of ,19 — , and have ..h — bod — now in court, as witliin I am commanded. United States Marshal, District of . . . Per Deputy. day of , 19 Note. If the warrant of arrest be executed by a national forest em- ployee, the return should be made under the name and title of the em- ployee, instead of under the name of the United States marshal. Warrant of Arrest. (Idaho form.) In the justice court of Roughneck, precinct of the State of Idaho. County of ; The Stale of Idaho to any sheriff, constable, marshal, or policeman in this State: Complaint, upon oath, having been this day made before me, Daniel O'Leary (justice of the peace or probate judge, as the case may be), by C. D., that the offense of (designating it generally) has been committed, and accusing E. F. thereof; you are therefore commanded forthwith to arrest the above-named B. F. and bring him before me forthwith at (naming place), or, in case of my absence or inability to act, before the nearest and most accessible magistrate iii and for the said county. Witness my hand at this day of A. D., 192... (and if in probate court, seal of court). Daniel O'Leary, JuHice of the Peace, Roughneck Precinct, Clear tvater County, Idaho. Note.— If the offense be against any of the game laws of the State, the words "game warden" may be inserted after the word "policeman." If the offense be against the fire laws of the State, the words "fire warden"' may be inserted after the word "policeman." 95 Warrant of Arrest. (Montana form.) In the justice court of Ilellgate Township of the State of Montana. County of Missoula: The State of Montana to any sheriff, constable, marshal, or policeman in this State: Complaint upon oath having been this day made before me, Hiram Crabb (justice of the peace or police judge, as the case may be), by C. D., that the offense of (designating it generally) has been committed and accusing E. F. thereof, you are hereby commanded forthwith to arrest the above-named E. F. and bring him before me forthwith, at (naming the place) or, in case of my absence or inability to act, before the nearest and most accessible magistrate in and for the said county. Witness my hand and seal at , this day of , A. D. Hiram Crabb, Justice of the Peace, Ilellgate TownsMp, Missoula County. Note.— If the offense be against any of the game laws of the State, the words "game wardeii" may be inserted after the word "poUceman." The words "fire warden" may be inserted after the word "policeman" if the crime be against any of the forest fire laws of the State. Return of Warrant of Arrest. (State form.) The return of a warrant of arrest issued by a State magistrate or justice should be substantially in the same form as that given herein for a war- rant issued by a United States commissioner. The indorsement or return of the officer who executed the warrant should be on the back of the original delivered to the magistrate or attached to it. Skarch Warrant. (Federal form.) United States of Amkkica,^ __ District of j ' ' ' To the Murf^hnl of the United .States for the District of , and his deputies, or to any of thcw, and to any Ignited States game vnrden or United States deputy game warden: Whereas complaint on oath and in writing has this day been made before me , a United States commissioner in and for the said district, by , alleging that he has good reason to believe, and does verily believe, that, within a certain ...,..., being the premises of , and being situated in the city of , in the county of .. — , and State of , and within the district aforesaid, there are held and concealed unlawfully, : Liad which are possessed contrary to the form of the statute in such case made and provided. 96 You are therefore hereby commanded, in the name of the President of the United States, to enter said premises with the necessary and proper assistance, and there diligently to investigate and search for any such and to seize and secure the same, if any such be found, and to hold and dispose of the same subject to the order of the District Court of the United States for the District of , and what you shall have done in the premises, do you then and there make return thereof, together with this writ. Given under my hand and seal on this day of , 19. .. [seal.] United States Commissioner for District of Note. — Unless a United States commissioner is specifically authorized by Federal law, he can not legally issue a search warrant. Affidavit For Search Warrant. (Federal form.) United States of America,^ District of i Be it remembered, that on this day of , 19. . , before mo. ,a United States commissioner for the District of came , who being by me duly sworn, deposes and says that he has good reason to beUeve, and does verily beUeve, that within a certain being the premises of and being situated in the city of , in county of , and State of ...... , and within the district above named, there are held and concealed unlawfully, and which are possessed contrary to the form of the statute in such case, made and provided. (Signature of affiant.) United States Commissioner for the District of ... Search Warrant. (State form.) In the justice court of Hellgate Township (or precinct) for the State of : County of : The State of to any sheriff, constable, marshal, or policeman in the county of Proof by affidavit having this day been made before me by Henry Standish who has good reason to believe, and does beUeve, that there are held and concealed unlawfully certain property described as follows: (which was stolen, or which was held with intent to use it in committing a public offense, or which is evidence of violation of the game laws of the 97 state, as the case may be) in the premises described as t lie dwelling house situate on the ranch of John Smith, and occupied bj- 1 he said John Smith, in section So, T. 49 N., R. 3 E. within the county of State of You are therefore commanded to make immediate search in the day- time of the premises above described for the property defined by this warrant, and if you find the same or any part thereof, to bring it before me forthwith, together with yo.ir return on this warrant. Given under my hand, and dated this day of 192. . Philip Cohen, Justice of the Peace. Note.— If the ofTense be against the game laws of either Montana or Idaho, the words "game warden" may be inserted in a search warrant after the word "pohceman." Affidavit for Search Warrant. (State form.) County of Missoula, i State of Montana, J ' Thomas Spencer, being duly sworn, deposes and says: That he has good reason to believe, and does believe, that within a certain dwelling house, the premises of (or occupied by) Ezra Breckenridge, and situate on section 4, T. 13 N., R. 24 W., M. M. county of Missoula, State of Montana, there are held and concealed unlawfn.Ily the bodies of two deer or parts thereof, which were killed in violation of the laws of Mon- tana and which are possessed contrary to the form of the statute in such case made and provided. Thomas Sfencek. Subscribed and sworn to before me this day of , 192. . Joseph Deschamps, Justiceof the Peace for Ilellgate Township, Missbula County, Montana, Subpcena. (Federal form.) United States of America,-> District ..... j^""^' Division. The President of the United States of A nurica, to the marshal of the district of greeting: You are hereby commanded to summon if be found in your district, to be and appear before me, , a United States com- missioner for the district of , division aforesaid, at my office, .., on the day of , 19. ., at o'clock .. m., to give 110113—22 7 98 testimoiiy, and the triith to say. in a cause pending before me, wherein the United States is complainant and defendant. In behalf of Hereof fail not, under tlie penalty of the law. and have you then and there this writ. Ciiven under my h;uid auil seal, this day of A. L) [SK.VL.] ?/. S. Covimhsioner as aforesaid. Note.— A fiiited Staies marshal or his deputy is the only person authori ed Ity Federal law to serve a subpoena. SuBpa:NA. (State form.) In tlie justice court of Hellgate township (or precinct) of the State of The State of /') Richard Buckhouse: You are commanded to appear before Isaac JHodgins, a justice of the peace of Ilellgate towniship (or precinct) in Missoula Coimty on July 24, 1925, at 10.30 a. m. at the office of the said justice in the city of Missoula, as a witness in a criminal action prosecuted by the State of Montana against Al)ram Bornstien. Trivon under my liaiid tins 1 tth day of July. 1925. Isaac Hodgin.s, Justice of the Peace, lhll(jal( Touudtip, Missoula County, Mont. Note. — A similar suljple, etc., the return or certificate of service should be in the form of an afTidavit of the person who made the service. The substance of the affidavit should be similar to the return above outlined. Return and Certificate of Service of Subpoena in a Criminal Action. (State form.) State of Idaho, ■» County of Kootenai,/^^- I hereby certify that I served the within subpoena on the 9th day of August, 1921, on Roger McParland, being the witness named in said subpoena, at Kootenai County, by showing the original to the said witness personally and informing him of the contents thereof. Dated August 10. 1921. Brian McMahon, Sheriff of Kootenai County, Idaho. Note.— Any competent person over IS years of age may legally serve a subpoena issued by a State magistrate. Should it be served by a private citizen, his return should be in the form of an affidavit similar in substance to the certificate al)ove outlined. Commitment of Defendant. (Federal form.) United States of America, ■» District of , /^^' Division . The President of the United Slates of America, to the marshal of the district of , and to the keeper of the jail of , in the State of (or of any other jail within the district of , to whom these presents may come), greeting: Whereas, , ha., been arrested upon the oath of , for having, on or about the day of ,19 , in said district, in 100 violalion of section of the Revised Statutes of the United States, unlawfully And, after an examination being this day had by me, it appearing to me that said olTense liad been committed and probable cause being shown to believe said committed said offense as charged, I have directed that said be held to bail in the sum of dollars, to appear at the first day of the next term of the district court of the United States for the district of division, at , and from time to time thereafter to which the case may be continued and he having failed to give the required bail: Now these are therefore, in the name and by the authority aforesaid, to command you, the said marshal, to commit the said to the custody of the keeper of said jail of (or of any other county in the district abo\^e named to whom this commitment may be presented) and toleave with said j ailer a certified copy of this writ ; and to command you, the keeper of jail of said county, to receive the said , prisoner of the United States of America, into your custody, in said jail, and safely to keep until be discharged by due course of law. In witness whereof, I have hereto set my hand and seal at my office in said district, this day of , A. D. 19 [SEAL.] U. S. Commissioner, District of , Division . Commitment of Witness. (Federal form.) United States of America,"! District of — / The President of the United States of America, to the marshal of the district of and to the keeper of the jail of ., county in the State of or of any other jail uithin the district of ,io whom these presents may come, greeting; Whereas, , has been arrested upon the oath of , for having, on or about the day of , 192. . , in said district, in violation of section of the Revised Statutes of the United States, unlawfully And, after an examination being this day had by me, and it appearing to me that said offense has been committed, and probable cause being shown to believe said committed said ofl'ense as charged, and I having directed that the said be held for the grand jury of the United States for said district, and Whereas, it appears that ...... and , are material and necessary witnesses on behalf of the United States in relation to the said charge, and the judge of this court having directed that the said witnesses, in default of their furnishing a recognizance for their appearance before the said grand jury, be committed by the undersigned, and 101 Whereas, I have directed that the said witnesses bo recognized in the sum of dollars each, to appear at the firnt day of the next term of the district court of the United States for the district of , at , on the day of , 192-, and from time to time there- after to which the case may he continued, and they having failed to give the required recognizance: Now, these are therefore, in the name and by the authority aforesaid, to command you, the said marshal, to commit the said . . and , as detained witnesses, to the keeper of the Jail of county, or of any other coimty in the district above named to whom this commit- ment may be from time to time presented, and to leave with said jailer a certified copy of tliis writ; and to command you, the said keeper of said jail of said county, to receive the said and , detained witnesses of the United States of America into your custody, in said jail, and them there safely keep until they be discharged by due course of law. In witness whereof, I have hereunto set my hand and seal at my office in said district, this day of , A D. 19. .. U. S. Commissioner, District of Commitment of Defendant. (State form.) County of Boundary,! State of Montana, / The State of Idaho to the sheriff of the county of Boundary: An order having been this day made by me, that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the tinie when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this 12th day of July, 1921. James Monroe, Justice of the Peace of Bonner s Ferry Precinct, Boundary County, Idaho. r>isTRicT 1 Forest Skrmce Outline for Law Enforcement Report. [To be submitted to tlic District Forester, immediately after the termina- tion of each crimmal trespass proceeding, prosecuted in a State court, on complaint or recomraeudation of a Forest Service employee.] Trespass Forest Date Name, address, and occupation of trespasser Is trespasser a Forest user? If so, how? 10^ Oflensc t'ommittcd Date committed Location If a fire, give name, area, and brief report. Section of State penal code under which prosecuted ] Plea of defendant Date Tried before judge of (Name) court at (Justice's, Police, County, District) (Location) Date Verdict (Court of jury trial) Sentence: Imprisonment (days) Suspended, if any (days) (Total) Fine $ Amount suspended (if any) $ (Total amount assessed) Any other action Name of investigating ofTicer, and assistants if any Date investigation started and closed Brief summary of evidence secured and action taken . Pubhcity Personal description of trespasser: i Age Height Weight... Eyes Hair Any peculiarities aiding in identification Occupation Habits bearing on identifi- cation or apprehension General reputation Associates Additional remarks (Signature) (Place) (Title) * Necessary only for willful trespassers. INDEX. A. 1 'iii^e. Account, penalty for presentation of false, lictitious, or fni liilont. . Ik Acknowledgment, penalty for oflBcer certifying falsely is Action: Limitation of, for offenses against Federal law 7('. Limitation of, for offenses against Montana law 79 Limitation of, for offenses against Idaho law 89 AfTidavit: Forms of, in use in Federal and State practice. (Sec Forms.). . 91-102 Defined sfi Agreement, penalty for entering into for purpose of defrauding the United States 19 Animals, Game, Federal laws: Penalty for transportation of wild animals or parts l hereof. killed in violation of local laws 12 Penalty for receiving animals shipped or transportd in viola- tion of law 1-' Antelope: Penalty for shooting, killing, or capturing in Montana 2M, 2-'» Penalty for dogging in Montana 2:{ Penalty for pursuing, killing, or capturing in Idaho 45 Appeal, may be made within 10 days after judgment <0,s.'> Arrest: Power of forest officers to make, luider Federal law (>, 72 Power of forest officers to make, under Montana law 7s Power of forest officers to make, under Idaho law 7, 7s May be ordered for a Federal offense by a State judge, magis- trate, mayor, chancelor, or justice of the peace 74 May be ordered by United States commissioner upon filing ol proper complaint 71 Person making arrest may take from accused aU weapons 79 All force necessary to execute the warrant may be used 79 Assessments, political penalty for making, etc 19 Automobile, penalty for shooting, kilHng, taking, or capturing game from 2."i. 4;:^ Bail, may be allowed by United States commissioners, justices, probate judges ,and other magistrates 7 1 , 73, so Bear: Penalty for killing in Idaho during closed season— exceptions . . 4<> Defined by Idaho law as a game animal 40 (103) 104 Beaver: Page. Penalty in Montana for killing without a special license 24 Penalty in Idaho for killing 46 Penalty in Idaho for having hides in possesion, except as i)ro- vided If) Birds, Federal laws: (See also distinctive names, like ''Duck," '•Geese," ''Brant," "Grouse," etc.) Penalty provided by Federal law for wilfully disturbing, hunt- ing, trapping, capturing on United States reserves game birds, etc 12 Penalty for transporting by common carrier, if killed in viola- tion of local laws 12 Dead bodies to be clearly marked with name and address of shipper, if shipped iji interstate commerce 12 Migratory 10, 1 1 , 42, 43, 44 Game, defined 24, 40 Penalty for killing, shooting, capturing, or attempting to Mil, shoot, or capture from automobile 25 Penalty for killing, shooting, capturing through aid of arti- ficial light, sot gun, trap, or snare 25 Penalty for killing or hunting from au airplane, power-boat, or sailboat 20 Penalty for taking without license in possession at time of taking 25 Penalty for shooting, kilUng, or capturing from witiiin the bounds of a public highway 25, 43 Persons under 15 years of age may hunt, kill, etc., game birds, without a license during the open season, in Montana 25 Bison: Penalty for shooting, killing ,or capturing, under Montana law. 23 Penalty for catching, trapping, or restraining for the purpose of sale or domestication 23 Boundary, jurisdiction of crime committed near county Unc 81 Brant 11,2s Bribery: Penalty for ofTering, etc., bribe 19 Brush: Penalty for failure to dispose of new cuttings within one year from date of cutting, in Montana 22 Penalty for failure to dispose of old cuttings, cut since Oct. 1, 1918, before March 7, 1921, in Montana 22 Penalty in Idaho for not disposing of, according to instructions of fire warden 37 Buffalo: Penalty for shooting, killing, or capturing, under Montana law. 23 Penalty for shooting, killing, or capturing, under Idaho law. 45 Bullfrogs, x^cnalty under Idaho law for hunting, killing, or catch- ing in public waters 43 lo; , c. Caribou: Page. Penalty under Montana law for killing or capturing or dogging. 23, 24 Penalty under Idaho law for pursuing, killing, or capturing. . . 45 Campfirc 9, 21, 39 Challenge. (See jury, selection of.) Cigar '. 22 C igaret te 22, 87 Commitment: Form of, in use in Federal practice 99,10C Form of, in use in State practice 101 Common carrier, penalty imder Federal law for transporting game birds or game animals in interstate commerce 12 Complaints: Forms of, in use in Federal practice 91,92 Forms of, in use in State practice 92, 93 Conspiracy: Penalty for, under Federal law 9, 18, 19 Penalty for, under Montana law 36 Penalty for, under Idaho law 53 Corporation, how prosecuted for crime 83 County attorney 88 Crime, limitation of time for action. (See Felony and Misdemeanor.)- Criminal responsibility, defined 87 Curlews: Penalty for shooting or killing, etc., in Montana 28 Penalty under Idaho law, for killing prior to Dec. 7, 192G 44 D. I>eer: Montana law— (See also Animals.; Penalty for dogging in Montana 23 Penalty ff»r hunting without a license 24 I'enalty for hunting during closed season 26 Penalty for shooting, killing, hunting, or capturing more than one male with visible horns ^ 26 Penalty for shooting, killing, hunting, or capturing any female 26 Penalty for shooting, killing, hunting, or capturing in closed counties or territory .,,: 27 Penalty for dcstrojdng evidence of sex 27 Idaho law— {See also Animals.) Penalty for hunting without a license ;39 Penalty for pursuing, himting, or killing in closed season established for various counties , . . ^ . . 45 Penalty for trapping, snaring, or killing at deer licks 45 Penalty for catching or pursuing with dogs 45, 46 iOC) Deer— Continued. I(hilio law— Continued. Paj:e. Penalty for captuiing or killiuji more tlian one in the oyieii season ^'i Penalty for shooting or killing in water or on the ice of any stream, lake, or pond 40 Penalty for shooting or kii:iug while being pursued by dogs. 4.' Penalty for pursuing, hunting, killing, or capturing spotted fawn 45 J^efendant, rights of 75. 79, S2 Deposition: Distinguished from affidavit x~ When it may be taken *<" T)oves: Bag limit for one day under Federal law 11 Turtle, penalty for killing, etc.. in Montana 2s. Mourning, penalty for killing at any time in Idaho 44 Duck: Bag limit for one day imder Federal law H Penalty in Montana for killing, etc., during closed season 2S Penalty in Montana for killing, etc., more than 20 in one day. 2S Penalty in Idaho for killing, etc., during closed season 44 Penalty in Idaho for killing, etc., more than 12 in one day 44 Penalty in Idaho for having in possession more than 12 in one day 44 E. Klk: Montana laws— (See also Animals, j Penalty for dogging in Montana 28 Penalty for catching, trapping, or restraining for sale or domestication in Montana 23, 24 Penalty for hunting without a license 24 Penalty for hunting, etc. , during closed season 26 Penalty for taking more than one 20 I'enalty for leaving pait of, fit for food, after removing head and teeth 20 Penalty for shooting, killing, hunting, or capturing within closed counties and territory 27 Idaho laws— (See also Animals. ) Penalty for pursuing, killing, or capturing calf elk 4.=> Penalty for pursuing, killing, or capturing elk in the closed seasons established for designated counties and territory. 45 Penalty for trapping, snaring or killing at deer licks 45 Penalty for catching or pursuing with dogs 45 Penalty for capturing or killing more than one in the open sea.son 45 10 E Ik— Cont iuucd . Idaho laws— Continued. I'^iCP. Penalty for shooting or killing in w aler, or on the ice of any stream, lake, or pond 46 Penalty for shooting or killing while being pursued by dogs 45,46 Evidence: General definition of 54 Competency and admissibility to be determined by the court. 54 Sufficiency of, to be determined by the jury 54 Hearsay, defined 57 Cumulative, defined 54 Circumstantial, defined 54, 55 In criminal cases must be convincing beyond a reasonable doubt 54 Principles governing the production of 50 The best must be submitted r>7 Distinction between original and secondary 57 Copies of documents not admissible as a general rule 57 Burden of proof on the Government 56 Certified copies of public records admissible 57 Should be submitted in logical order to the court and jury. . . 74,84 Exhibits maps, photographs, etc 60,69 Experts making use of 65, 84 Expenses of forest employees in criminal cases... 7,69 F. Felony: Definition under Federal law 5 Definition under Montana law and punishment for when not otherwise provided 77 Definition under Idaho law and punishment for when not otherwise provided 89 Limitation of time for action for 79, 89 Fire: Federal laws — Penalty for setting, without permission of forest officer. . . 9 Penalty for building camp fire in leaves, rotten wood, etc 9 Penalty for building camp fire in dangerous place or during windy weather, etc 10 Penalty for leaving camp fire without completely ex- tinguishing it 10 Penalty for building in reserved areas, without permit from forest officer » 10 Penalty for using steam engines and locomotives without approved spark arresters 10 Penalty for interfering with persons engaged in fighting. . 10 Penalty provided by Federal law for willfully setting in timber, brush, or grass, etc 9 108 Fire— Continued. Federal laws— Continued. Page. Penalty provided by Federal law for leaving unattended. . 9 Peaalty provided by Federal law for building in or near any forest 9 Penalty provided by Federal law for leaving,' before it is totally extinguished 9 Montana laws- Penalty for burning, maliciously or willfully, any bridge exceeding in value $50 20, 31 • Penalty for burning, maliciously or willfully, any stack of hay or grain 20 Penalty for burning, maliciously or willfully, any grass, tree, or fence 20 Penalty for failure of fire warden to do his duty 20 Penalty for failure of able-bodied citizen of vicinitj'^, to assist in putting out fire on request of fire warden 20 Penalty for destroying fire sign or notices 20 Penaltj?- for failure of county attorney to prosecute offend- ers against the fire laws 20 Penalty for failure of magistrates to prosecute upon filing of sufficient complaint 20,22 Penalt}^ for burning forest material between June 1 and September 30 without a permit 21 , 22 Penalty for setting out a fire later than 10 days from date of issuance of permit 21 Penalty for setting out a fire when wind is blowing to such extent as to be dangerous 1 . 21 Penalty for setting out a fire without sufficient help and tools to control it 21 Penalty for failure to watch the fire until it is out 21 Penalty for failure to comply with terms of a permit : . 21 Penalty for settler burning slashings on liis land without a permit ! . 21 , 22 Penalty for setting or leaving a fire that shall spread and damage the property of another 21 Penalty for maliciously setting a fire on your own or on another's land with intent to destroy another's property. 21 Penalty for kindling a camp fire during the closed season on the land of another in or dangerously near any forest material and leaving the same unquenched 21 Penalty for starting fire in forest material by cigar, cigar- ette, or matches and leaving same unquenched 22 Penalty for starting fire in forest material by firearms and leaving same (inquenched 22 Penalty for building a fire on property of another within an enclosure without his consent 20 109 Fire— Continued. Idaho laws— p Penalty for using in timber district egging portable, trac- tion, or stationary engine or locomotive without an efficient spark arrester _._ og. Penalty for failure of warden or deputy to enforce the fire ^^^ 38 Penalty for leaving unextinguished on or near forest or prairie land ,10 Penalty for using combustible wads in firearms 3s Penalty for carrying naked torch, firebrand, or exposed light in or near forest land 3g Penalty for defacing, destroying, or removing fire notice. . 38 Penalty for setting out a fire in slashings, etc., between June 1 and October 1 without a permit 37 Penalty for setting out a fire in fallen timber between June 1 and October 1 without a permit 37 Penalty for setting out a fire on timber lands between June 1 and October 1 without a permit 37 Penalty for setting oat a fire in dangerous windy weather. 37 Penalty for setting out a fire without sufficient help to control it 07 Penalty for failure to watch a fire until it is out .' 37 Penalty for failure of railroad company to keep clear 50 feet on each side of center of line 38 Penalty for railroad employees leaving fire, live coals, or ashes on right of way in vicinity of woodland 38 Penalty for failure of railroad company to instruct its employees in fire prevention 38 Penalty for failure of railroad company to post in its sta- tions fire placards 38 Penalty for violation of the terms of a permit to burn" "/..'. 37 Penalty for setting out a fire later than the tenth day after the date of permit 3- Penalty for any person who fails to assist in putting out fire when lawfully commanded 38 Penalty for leaving camp fire unextinguished 39 Penalty for wilfully or carelessly setting on fire any timber or prairie lands 3S .39 Penalty for railroad company permitting fire to spread from its right of way to adjoining lands 39 Fish: Federal laws- Taking on national forests land or waters contrary to local ^aw j2 Afontana laws— . Penalty for having in possession a fish net, seine, or similar device . 00 110 'Fish— Continued. Montana laws— Continued. Page. Penalty for catching, stiuming. or killing fish througli the use of powder, explosive compounds, or poison 23 Penalty for depositing sawdust in streams, lakes, rivers. or ponds 23 Penalty for depositing shavings, ashes, oil, cinders, or other debris in streams, lakes, rivers ponds, etc 23 Penalty for altering, loaning, or transferring a fishing license Penalty for using the fishing license of another 25 Penalty for taking more than 25 poiuids on one day or more 2.'i than 50 fish in one day 26 Penalty for having in possession more than 25 pounds or more than 50 fish at one time 26 Penalty for fishing without a license 25 Penalty for catching game fish through ice 26 Penalty for taking witliout license in possession at time of taking 25 Game fish may be taken in any manner, except through use of explosives or poisons, from artificial lakes or ponds upon the owner securing a license and filing a bond 26 Game fish defined 26 Persons under 15 years of age may fish \nthout a licenst. . 25 Idaho laws- Penalty for fishing without a license in the public waters of the State 39 Penalty for selling whitefish, salmon, without a permit. . . 41 Penalty for selling stiugeon without a permit 41 Penalty for having in possession fish taken unlawfully — 43 Penalty for killing or catching with seine, net, spear, weir, fence, basket, gillnet, or dipnet, etc., except salmon in certain waters Avithin specified periods and as otherwise provided 42 Penalty for taking fish in Bear Lake at any time of the year with seine, net, or set line 42 Penalty for catching trout in any of the public waters of the State except lakes and navigable rivers during the months of April and May 42 Penalty for catching trout in Elk River above the falls in Clearwater County in October or November 42 Penalty for catching fish through the ice except in the rivers and lakes specified 42 Penalty for catching trout through the ice except in Kootenai and Pend Oreille Rivers and Bear Lake 42 Penalty for catching more than 15 pounds of fish in one day of certain species 43 Penalty for having in possession more than 30 poimds at one time of certain species 43 ill Fish — Continued. Idaho laws — Continued Page Penalty for having in possession more tlian 100 of certain species Penalty for catching more than 50 of certain species ...... 43 Penalty for having in possession or for catching or killing 43 1 50 of certain species •n or for catching or killintr black bass less than 6 inches , ., Penalty for having in posse^ssion or for catching or kiliihg trout less than 6 inches 4., J^enalty for fishing for trout from the back of any animal " 43 Penalty for catching bullfrogs without a license.' 43 Penalty for fishing within 300 feet of a fish ladder. 43 Penalty for injuring or destroying fish traps or racks set up by the United States Bureau of Fisheries 47 Penalty for malicious waste of fish " . . " " 47 Penalty for storing or receiving for storage without storage permit and license tag Children under 12 not rt^iuired to liave licenses. 40 Forest officers- To cooperate with State othclals to enforce certain laws 78 May accept commissions as State deputy game wardens'. .. . 70 M ay cooperate with other Federal Bureaus 5 Supervisors, deputy supervisors, and rangers, ex-officio game wardens in Idaho - May search certain places for game held illegallv without warrant All are fire wardens under Montana law . . " . " " 7v^ May make arrests with or without warrant in certain caseV in Waho _ ^^ May make arrests with or without warrant in certaiii cases in Montana To l^e reimbursed for expen.ses incurred in connection with an arr&st prior to filing of a formal complaint and the juris- diction of the court attaches 7 ^;q Fool-hen: ' ' ' Penalty in Montana for killing, etc., during closed season 28 Penalty in Montana for killing, etc., within closed counties . . . 28 Penalty in Montana for taking more than five in one day ... 28 Penalty in Montana for having in possession more thaii five at onetime „© Foreword ^ Forms: "^ Criminal, in use in United States commissioners' courts 91 Criminal, in use in State justices" courts ' 90 Trespass, report outline special form for cases tried in State courts Fox: 10^ I^enalty in Montana for killing, etc.. during closed season 2S 1 enalty m Idaho for kilUng, etc.. during closed season 46 112 . ; c;. (jame: Page. (See aho Auimals, Fish, Birds, and distiuctive names of ani- mals and birds): Preserves, penalty under Idaho law for violation of act which created 47 Preserves, penalty inider Montana law for violation of act which created 39 Wardens may search for in certaijti places without search war- rant 7, 70, 7s Geese: Bag limit for one day under the Federal law 11, 28 Penalty in Montana for killing in closed season 28 Penalty in Montana for taking more than eight in one day 28 Penalty in Idaho for kilUng in closed season 44 Penalty in Idaho for kilUug or having in possession more than two in one day 4 i G-oat: Montana law — Mountain goat, penalty for dogging 2;') Mountain goat, penalty for catching for sale or domestica- tion 2:; Mountain goat, penalty for hunting, killing, etc., before Oct. l', 1926 27 Idaho laws — (See also Animals.) Penalty for pursuing, hunting, killing, or capturing in . closed season in designated counties and territory 45 Penalty for catching or pursuing with dogs '. . . . 45 Penalty for capturing more than one in the open season. . 4.5 Grazing: Federal laws- Secretary of Agriculture to regulate, within the national forests Hi Penalty for violation of Secretary's regulations U> Penalty for grazing on or driving across national forest lands without a permit 10 Penalty for violation of the terms of a grazing or crossing permit Hi ' Penalty for gi-a/lng live stock on an area closed to grazing. . JG Penalty for grazing of class prohibited on area close to that class It) Penalty for allowing unpermitted stock to drift on to national forest lands 1<> Penalty for refusing to remove stock from national forest lands upon request of a forest officer 16 Montana laws — Penalty for failure to have horses and mules inspected before removal from the State !..,., 33 113 Grazing— Continued . Montana laws— Continued. Page. Penalty for failure to have live stock inspected for brands before removal from one county to another 33 Penalty for railroad company shipping stock without inspection 34 Penalty for permitting animals sufTering from infectious or contagious or communicable diseases to run at large on the public domain or public highway 34 Penalty for violation of the regulations of the Live Stock Sanitary Board 34 Penalty for selling for human food the carcass of an animal slaughtered under unsanitary conditions 34 Penalty for marking or branding or altering or defacing such marks or brands of live stock of another with in- tent to steal, or to prevent identification by owner 34 Penalty for failure to record or re-record marks or brands within the specified period 34 Penalty for knowingly selling or offering for sale any horse, mule, or other animal affected with glanders, farcy, or other contagious disease 34 Penalty for drivii}g unbranded animals through the State. Penalty for driving animals from their customary range without consent of owner 34 Penalty for running on the pubUc domain or within a national forest any but a pure-bred bull 35 Penalty for running pure-bred bulls on the pubUc domain or on the national forests of an age less than 15 months or more than 8 years of age 35^ Penalty for taking an estray into possession for one's own use without the consent of the owner 35' Idaho laws- Penalty for violation of any regulation made by the U. S. Secretary of Agriculture regarding live-stock sanitation . . 52 Pe jalty for placing on pubUc range an unregistered bull. . 53 Penalty for placing on pubUc range a bull less than 15 months or more than 8 years old 53 Penalty for placmg a bull on the range with more than 25 breeding cattle 53 Penalty for running a bull on the same range more than three successive breeding seasons 53 Penalty for violation of the stock quarantine laws of the State relative to sheep 53 Penalty for bringing diseased animals into the State 52 Grouse: Penalty in Montana for shooting, hunting, kUling, or captur- ing in closed season 28 110113—22 8 114 <^ rouse— CojiUnued. Page. Penalty in Montana for shootin?;, hunting, killing, or captur- ing in closed counties 2H Penalty in Montana for taking more than live in one day 28 Penalty iB Montana for having in possession more than five at one time 28 Penalty in Idaho for killing during closed season, wliich varies . 44 Penalty in Idaho for having in possession more than six at one time 44 jr. Highway: Penalty in Montana for destroying, injuring, removing, break- ing, or displacing 35, Sfi As defined by Montana law 36 Penalty under Idaho law for injuring, destroying, etc 49 Defiiiil ion of, under Idaho law 49 I. Indictment, under Federal law must be found within three years except for murder 76 Information: Under Federal law must be instituted within three years 76 Can be instituted only in cases of misdemeanor, under Federal practice 75 Investigation, useful hints on 58,71 J. .ludgmenl: ilay in case of misdemeanor be rendered ina bsence of accused. 85 May be rendered not less than six hours or more than two days after verlict 85 Juror, qualifications of 8J Jury: Grand, composed of seven persons under Montana law 81 Comprises six persons in justice's court of Montana, or parties may agree on lesser 1 1 umber 81 Under Montana law judicial, civil, and military officers of United States exempt from serA'ice 81 Under Idaho law judicial, civil, and military officers of United States exempt from service «1 Selection of ^ Comprises twelve persons in Idaho justice's or probate court. but parties may agree on lesser number • . 89 Justice of the peace: Montana law— Must be two jusl ices for each justice township 77 May hoi 1 c;)urt in another township on request 77 Territorial extent of criminal jurisdiction 77 Classificati )n ol'crimcs in which it has jurisdiction 76 115 Justice of the peace— Continued. Montana law—Continued. Page. Disqualified to act under certain circumstances 76, 77 In case of disability, another justice may serve 77 May appoint special constable to serve subpoenas 78 May appoint special constabl^to make arrests 78 Rights of defendant enumerated 79 Second prosecution for same offence prohibited 79 Accused can not be compelled to be a witness against him- self 79 No person to be convicted without a verdict or a plea of guilty, unless jury is waived in a case not amoimting to a felony 79 Complaint, definition of 78 Criminal actions in, must be prosecuted by complaint 78 OfTenses committed within .500 yards of the boundary of two or more counties either one has jurisdiction 81 OfTense of stealing property in another State and bringing it into this State confers jurisdiction here 30, 48 Statute of limitation of criminal action dees not run while offender is absent from the State 79 Essentials of a complaint filed before 78 Complaint must be filed with justice if offender be arrested without a warrant 80 Mustissue subpoenas for witnesses 79 Must be directed to and executed by a peace officer or officer specially authorized by statute 78 Warrant to issue to a sheriff, constable, marshal, or police- man of the county and may be executed by any of these in any part of the State 77 If the offense charged is a felony, the person arrested must be brought before the magistrate who issued the warrant SO If tho offense charged be a misdemeanor not within the jurisdiction of the magistrate who issued the warrant to punish, the defendant, if arrested in another county, is entitled to be taken on his request before a magistrate of that comity for disjiosition, etc 80 May perform the functions of a United States commissioner in Federal trespass cases 74, 76 Oral plea must be entered before 83 Must grant change of venue upon proper showing 79 Must transfer record if change of venue is granted 79 Must insert correct name of defendent in complaint upon request 78 Jury trial in, may be waived by consent of both parties expressed in writing 80, 81 Trial either party entitled to postponement for good cause shown S3 Defendant must be present before trial can proceed 80 110 Justice of the peace— Continue d. Montana law— Continued. Page. Proofs and allegations to be submitted in public and in presence of defendant 79 Verdict must be delivered in public and entered 85 If jury is discliarged without a verdict, defendant may be tried again 81, 85 Judgment must be rendered not less than six hours nor more than two days after verdict 85 Defendant may appeal within ten days after judgment 85 Defendant may file notice of his appeal orally at time of rendition of verdict, or in writing within five days after judgment 85 Appeals from or tried anew in district court SO, 85 Idaho law — In general, the criminal practice in justice courts and pro- bate courts in Idaho is similar to that in Montana. There are a few exceptions which are noted under "Criminal procedure" before justices' and probate courts of Idaho 88-90 L. Larceny, definition, under Federal, Montana, and Idaho laws. (See Property). Licenses: Class A, resident, general 25 Class B, nonresident, general 25 Class C, nonresident, limited 25 Class D, nonresident, fishing 25 Class E, alien, general 25 Class F, alien, flishing 25 Class G, trappers 25 Must be in possession of sportsmen while fishing or hunting. . 25,40 Classification of, under Idaho law 40 Livestock. (See Grazing.) M. Magistrate, definition of SO Maps 60,69,84 Matches. (See Fire.) Marten: Penalty in Montana for killing during closed season 24 , 28 Penalty in Montana for killing without a special hcense 24 Penalty in Idaho for kilUng during closed season 46 Mink, penalty in Idaho for killing during closed season 46 Misdemeanors: (See also Fish, Grazing, Occupancj'', Property, Timber, Fire, Birds, Animals, etc.) Definition under Federal law 5 117 Misdemeauors— Conl inued . Page. Definition under Montana law 77 Definition under Idaho law 77 Limitation of action for 76 Penalty for, under Idaho law when no specific oneis prescribed hy the code 89 Money. (See Property.) Monuments. (Sff Property.) Moose: Mont ana laws— [See also Animals. ) Penalty for shooting, killing, or eai)turing in Mon I ana — 23 Penalty for dogging in Montana 23 Penalty for catching, trapping, or restraining for sale or domestication, in Montana 23,24 Idaho laws — (See also Animals.) Penalty for pursuing, killing, or capturing 45,46 N. Nuisance: Public, as defined by Idaho law 53 Penalty under Idaho law for maintaining or committing 53 Public, as defined by Montana law 32 Penalty under Mont ana law for maintaining or committing. . 32 O. Oath: Penalty for false certification ]iy otiicer, as to personal appear- ance 18 Penalty for false, before any officer, court, or tribunal of United States 1*^ Occupancy, Federal law: Penalty under Federal law for maintaining, erecting, con- structing enclosures on public lands of United States 15 Penalty under Federal law for preventing by intimidation, etc., lawful occupancy of public lands 10, 15, 18 Penalty for maintaining fences, works, or structures on na- tional forest lands 16 Penalty for leaving camp refuse on national forest lands 16 Penalty for polluting streams, etc., on national forest lands. . . 16 Offenses, jurisdiction when committed on t rain or ^ cssel in Idaho. 89 Officer: (See also Forest officer.) Penalty under Federal law lor i>ersonating an ollicer of United States 17 Penalty under Federal law for stealing, mutilating, or falsify- ing records IS Otter: Penalty in Montana for kilUng, etc., during closed season 28 Penalty in Idaho for kiUing, etc., during closed season 46 118 p. Page. Papers, restoration of mutilated O-l Partridge: Penalty under Montana law for killing Hungarian partridge. . 28 Penaltj' under Montana law for killing common partridge in closed season, or in closed counties 2S Penalty for killing or having in possession in Montana more than five in one day ^ 28 Penalty under Idaho law for killing in closed season, which varies in certain territories 44 Penalty under Idaho law for having in possession more than six at one time 44 Peace oflTicers^ who are 36, 81 Penalties. {See distinctive heads such as Fire, Grazing, Property, Animals, Birds, Game, Duck, Deer, Elk, Bribery, Common carrier, etc.) Perjury, penalty under Fe leral law, for conviction of IS Pheasant: Penalty under Montana law for taking Chinese or Hungarian. 28 Penalty under Montana law for killing during closed season.. 28 Penalty under Montana law for kiUing in closed territory 28 Penalty under Montana law for killing more than five in one day 28 Penalty under Idaho law for killing during closed season, which varies 44 Penalty under Idaho law for having in possession more than six at one time 44 Penalty under Idaho law for killing Chinese or Mongolian in closed season 44 Penalty under Idaho law for killing or having in possession more than four in one day 44 Photographs, use of W>,84 Plea, may be made orally in open court 83 Plover 11,44 Poison, use of forbidden. {See Fish.) Police courts, definition of 85 PoUcy, law enforcement, statement of 3-8 Postponement, of hearing or trial 73, 83 Powder, use of forbidden . {See Fish.) Prairie chicken: Penalty under Montana law for kilUng during closed season. . 28 Penalty undc'r Montana law for killing in closed territory 28 Penalty under Montana law for killinfg more than five in one day 28 Penalty under Montana law for having in possession more than five in one day '^^ Probate court, under Idaho law: There must be one at each county seat 88 Procedure same as in justice's court in criminal cases 88 Page. Prosecuting attorney, functions of ss Public land survey, penalty under Federal law for hindrance of. . 18 Publicity, results accomplished to be published afler trial. . 102 Property: Federal laws — Penalty for taking or using United States documents to procure, fraudulently, money from United States IS Penalty for robbery of or feloniously taking from United States l:^ Penalty for embezzling, stealing or purloining from United States IH Penalty for concealing property of United States i:^ Penalty for breeaking or destroying gates , fences, of United States 13 Penalty for permitting stock to destroy grass, etc., on enclosures of United States 13 Penalty for defacing or destroying or changing survey corners of United States 13 Penalty for injuring or destrbying telephone, telegraph, or cable lines of United States 13 Penalty for concealing, destroying, etc., maps, books, papers, of United States 1^ Penalty for injuring, destroying, etc., historic or prehis- toric ruins on lands of United States 14 Penalty for tearing down or defacing a Forest Service sign . 14 Penalty for destroying or injuring property used in ad- ministration of national forests. 14 Montana laws- Penalty for wiUful or malicious burning of a building with intent to destroy it '^9 Penalty for malicious burning of an inhalnted building in the night time '^^Q Penalty for entering a building, tent, vessel, or railroad, car with intent to commit larceny or any felony '29 Penalty for entering a building, tent, vessel, or railroad car in the night time with intent to commit larceny or other felony 30 Penalty for entering a building belonging to another with intent to commit felony or other crime by the use of high explosives 30 Penalty for tearing down, injuring, or breaking any fence without the consent of the owner 30 Penalty for severing from enclosed land any tree, grass, or other product, without the consent of the owner 31 Penalty for grand larceny 30 Penalty for petit larceny '^^ Penalty for larceny of test property '^^ Penalty for bringing stolen propertj- into the State 30 li>0 }'ropeity— ContiJiiUHl . Montana laws— C'ouliniu-d. Page. Penalty for burning building not subject of arson, bridge, growing crops 31 Penalty for maliciously destroying btiildings with gun- powder or other explosives 30 Penalty for maliciously or willfully cutting, destroying, or in injuring, etc., a fence 30 Penalty for maliciously or willfully cutting, destroying, or injuring, etc., dams, flumes, reservoirs, etc 31 Penalty for bLirningor injuring rafts 31 Penalty for obstructing navigable rivers 31 Penalty for injuring United States survey monuments 13 Penalty for destroying, defacing, or tearing down notices posted by the State or United States under legal au- thority 31 Penalty for leaving gate of an enclosure open 32 Penalt j^ for maintaining a pu])lie imisance 32 Penalty for depositing the carcases of dead animals, or part thereof, in rivers, etc' 32 Penalty for defacing murks on logs, lumber, or wood 33 Penalty for p usnning food, medicine, or water 33 Idaho laws: Petit larceny defined 47 Grand larceny defined 48 Penalty for petit larceny 48 Penalty for grand larceny 48 Penalty for receiving stolen property 48 Penalty for bringing into the State or receiving property known to have been stolen 48 Penalty for steaUng luml)er, railroad ties, logs, etc 48 Penalty for defacing marks on logs, etc 49 Penalty for placing obstructions on railroads 49 Penalty for injuring a highway or bridge 49 Penalty for placing debris on highway 49 Penalty for removing or injuring telegraph or telephone poles 49 Penalty for injuring highway by diverting water thereon or otherwise 49 Penalty lor cutting or injuring telegraph, telephone, or electric wires or poles 49 Penalty for maliciously injuring or destroying real or per- sonal propel t y oO Penalty for poisoning domestic animals 50 Penalty for maUciously burning any bridge, building, etc., of a value not exceeding $rO 50 Penalty for injuring crops 50 Penalty for destroying or injuring dams, canals, etc 50 Penalty for destrojing telegraph poles, rafts, vessels, etc.. 50 121 Property— Continued. Idaho laws— Continued. Page, Penalty for defacing or tearing down legal notices 51 Penalty for mutilating written instruments 51 Penalty for destroying mining or water-right notices. .... 51 Penalty for sabotage 51 Penalty for criminal syndicalism 51 Penalty for owner of building allowing syndicalist meet- ings after notice 52 Penalty for willfully cutting, injuring, or dcstrojing tim- ber on State lands 52 Penalty for willfully cutting timber for shipment out of State 52 Q. Quail: Penalty in Montana for hunting, shooting, killing, or captur- ing 2S Penalty in Idaho for killing except in certain specified coun- ties 44 R. Rabbits: Cottontail and snowshoe, game animals under Idaholaw 40 Jack, predatory animals luider Idaho law 40 Raccoon, penalty under Idaho law for killing in closed season 46 Records: Penalty under Federal law for taking, etc., from legal deposi- tory 14, 18, .35 Recognizance 78 Regulations (see under proper captions such as Timber, Prop- erty, etc.) Reports, time of, to district forester in Federal and State trespass cases 69, 74 Reward: Rnins (see Property, Federal laws, and regulations). S. Stable, penalty for killing, etc., during closed season 28 Sage grouse: Penalty in Montana— For killing, etc., during closed season 28 For killing more than five in one day 28 For having in possession more than five at one time 28 ^age hen: Penalty in Montana— For killing, etc., out of season 28 For killing more than five in one day 28 For having in possession more than five at one time 28 122 Sage hen— Continued . Penalty in Idaho— Page. For killing in dosed season 44 For having in possession at one time more 1 iuui six 44 For killing more than six in one day 44 Search warrant: In general, United States eonimissioner not ant horized to issne 7:^ May be issued by State magistrates in Idaho 85 May be issued by State magistrates in Montana No Sheep, mountain: Montana laws (see also Animals)— Penalty for killing, etc., prior to October 1 , I'JJfi 27 Penalty for dogging 2:5 Penalty for catching, trapping, or restraining for sale or domestication 2:i Idaho laws (see also Animals) — Penalty for pursuing, killing, or capturing 45 Penalty for trappiiig. snaring, or killing at deer licks 45 Penalty for capturing or pursuing with dogs 45 Penalty for pursuing, capturing, or killing young 45 Slashings: Penalty for burning in Montana between .tune 1 and Septem- ber 30 without permit 22 Penalty for burning in Idaho between Jiuic 1 and October 1 without permit. 37 Snipe 11,44 South Dakota, criminal procedure in justices' courts similar to Montana 90 Sora (see Federal law on migratory birds). Stock (see Grazing). Survey-corners (see Property, Federal laws). Survey, public lands, penalty for hindrance ot" IS Subpoena: Form of, iji use in Federal j)ractice 07 By whom issued under Montanalaw 82 Witness living outside county need not respond under Mon- tanalaw unless indorsed by trial judge S2 (Jencral form in use in Montana 98 Corporation form in use in Montana 9S Form of, in use in Idaho practice 98 May be issued in Idaho by magistrates and county attorney, etc 82 Swans: Penalty for kilUng in Montana 28 Penalty under Idaho law, for killing prior to December 7. 1926. 44 (See aho Federal law on raigrntory birds.) 123 T. Telephone line (Sec Property;. Telegraph line (Set Property). Timber: Federal law— Page. I'enalty for wantonly cutting or destroying on public lands 15 Penalty for shipping or exporting timber cut in trespass on public lands lo Penalty for cutting, injuring, or destroying timber on the reserved lands of the United States l.'i Penalty for chopping, chipping, or boxing trees of United States for turpentine 15 I'enalty for chopping, chipping, or boxing trees on the National Forests 15 Penalty for cutting before it is marked or designated by the Forest Service 15 Penalty for removing from point designated for scaling without being stamped 15 Penalty for stamping G overnment timber contrary to regu- lations, etc 15 Montana law- Penalty for cutting, felling, girdling, or destroying on State lands 31 Penalty for cutting, injuring, or destroying on lands of another 31 Penalty for defacing marks on logs, lumber, or wood 3:} Idaho laws- Penalty for destruction of timberlands of the State 52 Penalty for unlawfully cutting timber on State lands and shipping out of the State 52 Tracks 62^14 Trappers: License to traj) required in Montana -5 License to trap required in Idaho ^'^ Penalty for destroying or disturbing traps of, in Idaho 47 Penalty for not reporting to State game warden within 10 days after close of season in Idaho 47 Treason, under Federal law indictment must be found within three years "<' Trespass (See Fire, Property, Occupancy, Grazing, Fish, Game. Timber, Animals. Birds.) Trial: How conducted "5 New, reasons for granting ^5 Entitled to new, in district court after judgment in justice's court, if demanded S5 124 u. United States commissioner: Page. Powers and duties of 71 May remand for trial on probable cause a person accused of a Federal offense 71 Has no power to pimish for contempt 71 Has no power to impose a penalty 71 May issue warrants and subpoenas 71 Forest officers may serve warrants in certain cases 72 May hold witnesses to testify before a United States district court 73 Subpoena of, can not be legally served by forest employee 73 May take recognizance for the appearance of accused and wit- nesses 71, 73 Can not require the attendance of a witness residing outside of the district without an order from the district court 75 Arraignment of accused before 73 Must give accused sufficient time to obtain counsel 73 Must hold preliminary hearing unless waived by accused 73 Writs of, in general 75 May continue preliminary hearing from day to day for good cause 73 In general not authorized to issue search warrants 73 Can not require the attendance of more than four witnesses at expense of Department of Justice, without special order of the United States district court 73 May approve mileage and fees of witnesses who appear volun- tarily 73 Forms in use by 91, 95, 97, 100 District attorney may file information when offense is not in- famous 75 V. Verdict: Must be delivered to court publicly 85 In misdemeanors, number of a jury required for a legal 81, 89 Voucher: Penalty for presentation of false, fictitious, or fraudulent 18 W. Warden, (See Fish, Fire, Game.) Warrant: Of arrest — Federal forms 93 Montana forms 95 Idaho forms 94 Who may execute 72 Search- Federal forms 95 Montana forms 96 125 Warrant— Continued . Search— Continued . PSge. Idaho forms 96 Grounds for issuance in Montana in general 85 Grounds for issuance in Montana under game laws 86 Washington, criminal procedure in justices' courts similar to Montana 90 Water: Penalty for pollution of, in Montana by depositing sewage therein 23, 32, 36 Penalty for pollution of, in Montana by sawdust or other debris. 23 Watershed: Penalty in Montana for violation of the regulations of the State or county board of health ;3G Penalty for putting the offal of dead or slaughtered animals upon 32 Penalty for violation of Regulation T-4 of the Secretary of Agriculture relative to 16 Weapons, penalty in Montana, for carrying concealed, exceptions . 36 Witnesses: Federal law, penalty for conspiring to intimidate 19 Montana laws — Penalty for preventing attendance of, at a trial, etc 36 Fees for attendance before United States commissioners. . 70, 73 Number that can be required to attend before United States commissioner 73 Limit in Idaho as to number that may be subpoenaed 90 Qualifications of, in Montana 82 Penalty for disobeying subpoena in Montana 83 Fees for attendance in justices' courts 83 Woodcock 44 Wood duck, penalty for killing in Montana 28^ Writs. (See Complaint, Warrant, Subpoena, Commitment, etc.) Y. Yellow legs. (See Federal law on migratory birds.) 11 , 44 O Cay4ord Bros. Makers Syracuse, N. Y "^k k< \f. LIBRARY OF CONGRESS 002 889 047 S* JtOflfflf s \