586 



ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



district foresters, and either returned the papers for additional evi- 

 dence or recommended tliat no objection be made to the issuance of 

 patent. 



TRESPASS. 



Damages and fines recovered during the year for trespass on the 

 national forests were : 



Penalties for trespass on national forests. 



Class of trespass. 



Grazing. . 

 Timber.. 



Fire 



Property. 

 Game. 



Damages. 



$50,163.25 



13,181.74 



19,659.67 



93.00 



Miscellaneous ' . 

 Total 



3,984.73 



87,082.39 



Fines and 

 recoveries. 



SS85.30 



2,092.67 



120.00 

 128.00 



3,225.97 



1 This includes 7 criminal cases where defendant had agreed to fight fire but after haying been furnished 

 with railroad transportation failed to do so. In addition, sentences of 75 days in jail were imposed. 



COURT DECISIONS OF INTEREST INVOLVING NATIONAL FORESTS. 



The county attorney of Coconino County, Ariz., filed a complaint 

 charging the forest supervisor with a violation of a State statute 

 which requires all railroad companies that fence their rights of way 

 to leave crossings open and accessible for stock at least every 3 miles. 

 The forest supervisor, in obedience to instructions, closed the cross- 

 ing left open by the Atchison, Topeka & Santa Fe Railroad in their 

 right of way fences through the forest. The supervisor was arrested 

 and thereafter application was made to the Federal district court 

 for a writ of habeas corpus. The writ was granted and the supervisor 

 discharged. 



In Byron v. United States (259 Fed., 371) the Circilit Court of 

 Appeals for the Ninth Circuit held that, under the act of June 25, 

 1910 (36 Stat., 847), the President is authorized to withdraw public 

 lands temporarily, pending legislation by Congress looking to their 

 inclusion within a national forest, and that immediately upon can- 

 cellation of patent for lands within a national forest the lands become 

 a part of the forest. This decision operates on lands in the State of 

 Oregon, which is one of the States in which a national forest can not 

 be created or enlarged except by act of Congress. 



The case of Rolfs and Jessen v. E. T. Chapin Co., United States 

 intervener, involves the right of the Forest Service to sell fire-killed 

 timber from an unperfected mining claim. A contract was made 

 between the Forest Service and the Chapin Co. to sell fire-killed tim- 

 ber from lands in the Coeur d'Alene National Forest, Idaho, which 

 were found to be embraced within the boundaries of the unperfected 

 mining claims of Rolfs and Jessen. Mining claimants sought an in- 

 junction. The United States intervened, to which action plaintiffs 

 unsuccessfully demurred. 



In United States v. Northern Pacific Railway Co. (264 Fed., 898) 

 the Circuit Court of Appeals for the Ninth Circuit held that under 

 the land grant to the Northern Pacific Railway Co. of July 2, 1864, 

 on completion of the road the company became vested with a con- 



