OFFICE OF THE SOLICITOR. 593 



this office for consideration, were passed upon and frequently modi- 

 fied, amended, or rewritten. 



Conferences with representatives of the other departments with 

 reference to a policy to regulate applications for patents on inventions 

 by Government employees and to standardize tne contract forms to 

 be used by the Government were attended by representatives of 

 this office. 



Amonw a number of interesting decisions of the courts during the 

 year, I tiiink it is worth while to mention that of the United States 

 District Court for the Northern District of Georgia, in the case of 

 United States v. M. J. Gurley and others, which was a bill in equity 

 filed by the Government to restrain the defendants from driving or 

 permitting their cattle to be driven on the Cherokee National Forest 

 in that State, in violation of the regulations of this department. 

 The defendants vigorously contested the right of the Government to 

 forbid the pasturing of cattle on the National Forest unless it should 

 comply with the law of Georgia, which requires owners of land to 

 fence those lands against live stock. In cooperation with the United 

 States attorney, I argued the case for the Government. On February 

 28 last, the court sustained the Government's contentions, granting 

 the injunction prayed for, and holding that the fence laws of Georgia 

 could not be enforced against the United States. The case is reported 

 in 279 Fed. 874. 



Another case of considerable importance and of far-reaching 

 efi"ect was that of United States v. Lumpkin, also in the Northern 

 District of Georgia, involving a violation of the migratory-bird 

 treaty act in the snooting of mourning doves during the closed season 

 prescribed by your regulations. The defendant contended that the 

 mourning doves shot oy him were resident throughout the year in 

 Georgia and that, therefore, his shooting of the doves could not be 

 made an offense against the United States. The case was tried by 

 a jury and much testimony was introduced by the defendant in an 

 attempt to establish that the mourning doves he shot were resident 

 throughout the year in Georgia. The Government introduced testi- 

 mony showing that the mourning dove, as a specie, is a migratory 

 bird throughout its range, and contended that even though it could 

 be proved that the mourning doves shot by the defendant were 

 resident in Georgia it still would be no defense. The court sustained 

 the Government's contention in the decision reported in 276 Fed. 

 580; Department of Agriculture Circular 202. In cooperation with 

 the United States attorney, I conducted the prosecution and the 

 argument in this case. 



The revised compilation of the laws applicable to the Department 

 of Agriculture which has been in preparation for some months past 

 was nearing completion at the end of tlie year, and it is expected that 

 it will be ready for the printer by the middle of September. 



The work of the office, considering its nature, is current. 



