FOREST SERVICE. 369 



under the act. Tliis precaution is taken to eliminate timber specu- 

 lation and to encourage bona fide homesteading by persons who 

 expect to till the soil and make the land their home. 



In the Kootenai Valley, in the Kootenai National Forest in Mon- 

 tana, a similar policy was adopted. An agitation begun to secure 

 the eUmination of the valley from the Forest ended in an arrange- 

 ment mutually satisfactory to the intending settlers and to the For- 

 est Service, under w^liich the agricultural portions of the valley will 

 be taken up under the Forest homestead act. Sales of timber are 

 being made as rapidly as possible from agricultural areas having a 

 heavy stand, and the land wUl be listed as soon as the timber is 

 removed. 



These instances illustrate the manner in which is beino; worked 

 out a practicable poHcy to limit occupancy of cultivable timber lands 

 to bona fide settlers, so that the lands may be devoted to their best 

 use and the permanent development of the country may be promoted. 

 Such a policy is necessary that the very purpose for which the land 

 is listed may not be defeated by the passing of the land into the 

 hands of those w^ho wish it for its timber instead of into the hands of 

 home makers. 



ENFORCEMENT OF LAW. 



Owdng to the transfer of the legal work of the Forest Service to 

 the Solicitor of the Department, on January 15, 1910, the personnel 

 of the force engaged in that work passed beyond the jurisdiction of 

 the Forester. For tliis reason no reports were made to the Forester 

 by the former District law officers. It is therefore impracticable to 

 give a resume of the work done prior to the transfer. The report of 

 the Solicitor, although it covers specifically only the latter part of the 

 year, presents substantially the process made since last year's 

 report m legal matters connected M-ith Isational Forest administration. 



At the beginning of the year, however, there were pending on the 

 records of the supervisors' offices 290 cases of timber trespass, 32 of 

 fire trespass, 42 of grazing trespass, and 37 of special-use trespass. 

 There were added during the year 352 cases of timber trespass, 62 

 of fire trespass, 342 of grazing trespass, and 40 of special-use trespass, 

 making a total of 1,197 trespass cases to be handled. Of these, 181 

 cases were dismissed, 552 closed by settlement, and 38 prosecuted 

 in the courts, leaving 426 cases still on the supervisors books at 

 the close of the year. 



Various court decisions of importance in connection with the work 

 of the Forest Service arc commented on in the report of the Solicitor. 



The enforcement of laws relating to the ^.ational Forests of 

 necessity falls primarily upon the officers who administer the Forests. 

 In all cases where action in the courts is necessary to enforce the laws 

 relating to the Forests the evidence is secured by the Forest Ser-sHlce 

 and submitted to the Solicitor for examination into its sufficiencv 

 and for submission by the Secretary to the Attornej'-General witli 

 re(juest for institution of proceedings, if the evidence warrants. The 

 evidence in all grazing trespasses of an innocent nature, wluch are 

 settled by the Secretary without suit, is also secured by the Forest 

 Service and submitted to the Solicitor for examination and report to 

 the Secretary. Adverse reports on claims to lands in the National 

 Forests are made on the evidence secured by the Forest Service. 



73477°— AGR 1010 24 



