700 



ANNUAL REPORTS OF DEPARTMENT OP AGRICHLTUEE. 



In a case of unusual interest, especially to this department (United 

 States V. Sherman, 288 Fed. .497), the Circuit Court of Appeals for 

 the Eighth Circuit held that a State statute may enlarge the require- 

 ments prescribed by the Federal law for the location of mining 

 clamis., and that failure by the mineral locator to comply with such 

 additional requirements of the State statute renders his mining 

 location invalid. This case arose by reason of a conflict between a 

 Forest Service timber sale and two mining locations. The statute of 

 South Dakota required the location certificate to contain a descrip- 

 tion ''by reference to some natural object or permanent monument 

 as will identify the claim," and also that the surface boundaries be 

 marked by substantial posts. The court of appeals, reversing the 

 lower court, held the location invalid for failure to comply with 

 both of these requirements. This is the first known instance in 

 which a Federal court has held a mining location to be invalid against 

 the Government for failure to comply with the requirements of 

 State statutes when not included in the Federal mining laws. 



In a suit between private parties (McFall v. Arkoosh, 215 Pac. 

 978), involving the regulations of this department governing grazing 

 on the national forests, the Supreme Court of Idaho held that in view 

 of the Federal regulation prohibiting the transfer of permits damages 

 could not be recovered against a stockman for his failure to comply 

 with his agreement to transfer his permit with cattle he had sold. 



In United States v. Taylor and Wyman, it was held by the United 

 States District Court for Montana in a decree dated October 16, 

 1922, that possession of national forest land under a special-use 

 permit is exclusive and superior to possession under a subsequent 

 mill-site location. The claimants of the mill-site location were there- 

 fore enjoined from interfering with possession under the permit. 



WEEKS FORESTRY LAW (36 Stat. 961). 



The work of examining titles to lands acquired under the Weeks 

 forestry law has progressed as rapidly as the surveys of the large 

 tracts were completed by the forest service and the difficulties of 

 clearing defects in titles would permit. 



During the year the National Forest Reservation Commission 

 has held two meetings, at which it approved the purchase of various 

 tracts of land comprising approximately 80,000 acres that were 

 offered for sale to the Government by 113 owners. Two hundred 

 and five agreements covering the purchase of land under the Weeks 

 forestry law were prepared. 



The following is a summary, in terms of acres, of the operations 

 under the Weeks forestry law during the fiscal year: 



state. 



Alabama 



Arkansas , 



Georgia 



Maine , 



New Hampshire. 

 North Carolina. .. 



Pennsylvania 



South Carolina . . , 



Tennessee , 



Virginia 



West Virginia 



Total 



Acreage 



acquired, 



1923. 



16, 187 



13,155 



8,791 



92 



738 



25, 209 



104 



831 



65, 573 



28,650 



159,330 



Acreage in 

 condem- 

 nation. 



919. 13 

 530. 28 

 381. 52 



460. 42 

 021. 67 

 221. 15 



2, 

 30, 

 45, 



616.04 

 733. 43 

 882. 86 



Title 



examined, 



acquisition 



pending. 



1,082 

 2,230 

 3,280 



1,820 



2,816 



46,320 



18,560 

 29, 172 

 16,200 



88, 766. 50 



122, 080 



Acreage 



to be 

 acquired. 



4,462 

 4,762 

 6,314 



3,380 



5,215 



108, 886 



603 



27, 485 



69,156 



79.741 



310, 004 



