OFFICE OF THE SOLICITOR. 



699 



In addition, testimony was taken by this office in several patent 

 cases prosecuted on behalf of department employees in which inter- 

 ference proceedings had been declared by the Patent Office between 

 their applications for patents and applications filed by outside parties. 

 Briefs were also prepared and filed in these interferences and oral 

 arguments made therein before the Patent Office. 



THE NATIONAL FORESTS. 



During the year there were handled 331 claims to lands in the 

 national forests based upon the homestead, mineral, railroad grant, 

 lieu selection, and other general and special laws of the United States. 

 Hearings in 36 land cases were attended by representatives of this 

 office. Of 87 decisions rendered by the Interior Department closing 

 cases, 60 decisions were favorable to the Government and resulted in 

 the retention in the forests of considerable land and timber. 



Other work for the Forest Service included handling the following 

 cases and other business : 



Claims to lands (pending during 



year) 331 



Hearings attended 36 



Depositions taken 1 



Briefs prepared and filed 15 



Appeals to Secretary, and briefs . . 15 



General litigation 41 



Contracts, leases, etc 1, 062 



Bills, complaints, informations, 



protests, etc 121 



Court appearances 21 



Written opinions 342 



Trespasses : 



Grazing 218 



Timber. 



Fire 



Occupancy. 

 Property . . . 



26 



117 



21 



15 



Total. 



161 28,876.81 



1,35.5.85 



COURT DECISIONS OF INTEREST. 



The case of Curtis, Collins & Holbrook Co. v. United States (262 

 U. S. 215) involved lands most of which are in the Plumas National 

 Forest, covered by 24 timber and stone entries patented in 1902. 

 Suits to vacate the patents were instituted on the grounds (1) that 

 the entrymen swore falsely that they were appl3''ing for the lands 

 for their own benefit, whereas, before making application, they had 

 agreed to convey the lands entered to the Curtis, Collins & Hol- 

 brook Co., and (2) that the company knew of the fraud and procured 

 the entrymen to make the entries for its benefit. The defense of 

 bona fide purchaser was relied upon. The United States District 

 Court for the Northern District of California found for the defendants 

 and dismissed the bill. Upon appeal, however, the decision of the 

 district court was reversed by the Circuit Court of Appeals. The 

 action of the latter court was affirmed by the wSupreme Court of the 

 United States on May 21, 1923. Those of the lands within the 

 national forest became a part thereof immediately upon the vacation 

 of the patents. 



