THE SOLICITOR. 885 



or malicious intent are settled by the Secretary upon demand of the 

 actual damagos sustained by the United States. If the trespass is 

 willful or malicious, the case is reported to the Attorney-General for 

 suit, with a request that exemplary damages be also demanded. 

 This revised procedure was not ellectively put into operation till near 

 the close of the year, and in consequence no cases were referred to 

 the Solicitor prior to June 30, thougli the district law officers passed 

 upon a large number of settlements under the old scheme during the 

 period from January 15 to June 30. Near the close of the year 

 instructions were also issued to all forest officers to follow the graz- 

 ing instructions in handling tiuiber trespasses on the Forests. These 

 instructions will materially enlarge the work of this Office, and it is 

 believed will i)ut the trespass feature of the work of the Department 

 on a solid, substantial, and business-like basis, and will entirely 

 remove th(; adv(^rse criticism of the Department which was so preva- 

 lent under the old arbitrary practice of handling these cases. 



MISCELLANEOUS CASES. 

 CONVERSIOX OF PROPERTY OF THE DEPARTMENT. 



As stated in the preceding report, in two instances former coopera- 

 tive Weather Bureau observers retained, after their appointments 

 had expired, the valuable meteorological instruments loaned them by 

 the Department. Proceedings were instituted, at the request of 

 this Office, and in the two cases pending at the close of June 30, 1909, 

 the property was recovered. The Ofiice was not called upon to rec- 

 ommend similar proceedings in any case during the fiscal je&T 1910. 



CASE IX THE COURT OF CLAIMS. 



Thomas H. Reeves v. United States, Court of Claims No. 30615, 

 a suit involving a claim for salary alleged to be due the petitioner 

 from this Department was still pending at the close of the fiscal 

 year 1910; suit was filed on May 16, 1907; the last docket entry was 

 under date of February 27, 1909, when certain Department records, 

 called for by the petitioner, were filed. 



FALSIFICATION OF ACCOUNTS. 



On June 29, 1910, Philip L. McBreen, formerly a veterinary in- 

 spector of the Bureau of Animal Industry, was indicted in the mid- 

 tile district of Alabama for a violation of sections 5392 and 5438, 

 Revised Statutes, for making and presenting for approval false claims 

 for livery service, knowing the same to be fraudulent. McBreen was 

 apprehended at Pittsburg, Pa., and gave bond in the sum of 81,000 

 to await his trial, which will probably take place at the fall term of 

 court. 



Robert E. Taylor, also a former A'cterinary inspector of the Bureau 

 of Animal Industry, was indicted for a similar offense in the western 

 district of North Caroliun, apprehended in New York, and removed 

 to Winston-Salem for trial, lie will be tried at Greensboro, N. C, 

 at the December term, 1910. 



