884 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



requiring a bond on bohalf of the United States as a condition prece- 

 dent to the grant of a riglit of way over a forest reserve, and that the 

 bond sued on was extorted from the company and was without con- 

 sideration. The court decided adversely to the defendants, over- 

 ruled the demurrer, and held: 



Under act of Congress of March 3, 1899 (ch. 427, 30 Stat., 1233), authorizing the 

 Secretary of the Interior to file and approve surveys and plata of a right of way lor a 

 railroad over any forest reservation when in his judgment the public interest will not 

 be injuriously affected thereby, the Secretary was authorized to enforce, as a condi- 

 tion of his granting a railroad right of way over a forest reservation, that the company 

 execute a bond to pay to the United States all damages to public lands, timber, 

 natural curiosities, or other public property on the reservation oy reason of the com- 

 pany's occupation. 



In addition to the cases in the federal courts there were pending 

 during the year several cases in the state courts in which the Depart- 

 ment was vitally interested. One of these, worthy of special con- 

 sideration, was a suit in replevin in the circuit court of Custer County, 

 S. Dak., against a forest ranger for recovery of a large quantity of 

 timber unlawfully cut on a National Forest and seized by the ranger. 

 Judgment was recovered against the ranger for S4,400 and costs. A 

 compromise was effected by which the judgment was released and 

 S200 paid by the plaintiff to the United States. In all these cases 

 the district law officers took an active part. 



TRESPASS SETTLEMENTS. 



These include all those cases where resources of the National Forests 

 are taken or destroyed by trespassers, unaccompanied by willful 

 intent, and which are settled by the Secretary, without suit, on the 

 basis of the actual value of the resources. 



Prior to January 15, 1910, when the legal work of the Forest 

 Service was committed to this Office, all civil trespasses on the 

 National Forests were settled by the employees of the Service, regard- 

 less of the character or intent of the trespass, and in willful cases 

 exemplary damages were demanded and collected, and only those 

 cases in w^hich no settlement could be effected were reported to the 

 Attorney-General. In many instances arbitrary amounts were levied 

 as punitive damages, and men were required to pay for trespasses 

 unaccompanied by any evidence of knowledge of the trespass or of 

 willful intent. This system of administering the Forests led to much 

 friction and bitter feeling against the Department. Beheving that 

 there was no warrant in law for the settlement by the Department of 

 willful trespasses, and that all trespass cases should be reported to 

 the Secretary for his determination of the amount due the Govern- 

 ment or of the proper disposition of the matter, the Solicitor, at the 

 direction of the Secretary, revised the instructions for the handling 

 of grazing cases and provided therein that the officers of the Forest 

 Service should submit a full report of each case to the Forester; that 

 the Forester should make his recommendations thereon and refer it 

 to the Solicitor for examination as to the sufficiency of the law and 

 evidence; and that the report, with the recommendation of the 

 Solicitor, should be submitted to the Secretary for his determination 

 of the damages sustained by the Government or for further action as 

 the facts in the case might require. Those cases developing no willful 



