OFFICE OF THE SOLICITOR. 399 



quishments filed after protest by the Forest Service, 17 by withdrawal 

 of the protest, and 7 by eliminations from the forests. As a result 

 of the 59 decisions in favor of the Government, approximately 12,- 

 177.141 acres of land, supporting a stand of approximately 91,4:-27,325 

 feet of timber valued at approximately $359,011, were retained in 

 the National Forests. 



The remaining 363 cases received attention varying in degree with 

 their progress in the Forest Service and in the Department of the 

 Interior. 



Hearings were attended in 44 cases. Depositions were taken in 11 

 cases. Briefs were filed in 45 cases. Oral argument was made before 

 the Secretary of the Interior in 1 case. Twenty-nine motions for 

 rehearing were filed, 5 of which were accompanied by briefs, and 1 

 reply brief to a petition for supervisory authority was filed. Sixteen 

 appeals to the Secretary of the Interior, supported by briefs in 7 

 cases, were prosecuted from adverse decisions of the commissioner. 



The assistants to the Solicitor in the field examined and passed 

 upon the evidence in many cases, in addition to the 138 new cases 

 in which protests were prepared, to be filed in the local land offices 

 by the district foresters, and either returned the papers for additional 

 evidence or recommended that no objection be made to the issuance 

 of patent. 



FOEESTKY LAND DECISIONS OF INTEREST. 

 [Departmental.] 



In ex parte Arthur Croxvley (D-34600 — Contest 3188, Visalia), the Secre- 

 tary of the Interioi', on August 23, 1917, held that a mill-site location must be 

 used for the purposes specified in the mining laws and can not be taken for 

 summer residence purposes. 



In ex parte Santa Fe Pacific Railioay Co., Isem M. Jackson, attorney in fact 

 (D-412G8 — Phoenix 022775), the First Assistant Secretary of the Interior, on 

 February 1, 1918, declined to recommend modification of Executive order of 

 January 3, 1917, creating Public Water Reserve No. 42, Arizona No. 7. The 

 railroad company on June 17, 1913, by its attorney in fact, had filed a forest 

 lieu selection for a tract of land within the reserve upon which a watering 

 place known as the " Ed. Geddes Tank " had been constructed some 20 years 

 prior thereto for watering stock grazing on the surrounding public land. This 

 being the only watering place in the v,icinity, and consequently of great im- 

 portance to the stock-raising industry, it was considered necessary to retain 

 Government control thereof with a view to preventing monopoly of the water 

 or range in the vicinity. In order, however, that the rights of the owner of 

 the watering place might be protected, it was suggested that application for a 

 permit for the tank be filed under the act of February 1.5. 1901 (31 Stat., 790). 

 The existence of the water reserve was held to preclude the approval of the 

 lieu selection. 



In Pine Mountain Water Co. (46 L. D., 240), it was held that the grant of 

 a right of way made by section 4 of the act of February 1, 1905 (33 Stat., 

 628), for the construction and maintenance in national forests of dams, reser- 

 voirs, water conduits, water plants, etc., is not confined to municipal corpora- 

 tion.s, but may be obtained by citizens or private corporations for the purpose 

 of furnishing water for municipal purposes, and that likewise an applicant may 

 acquire a right of way for use in connection with the operation of mining or 

 milling works not his own. 



In Bilitik Izhi v. Phelps (46 L. D.. 283), it was held that section 31 of the act 

 of June 25, 1910 (36 Stat., 855, 863), providing for allotments to Indians in 

 national forests, is not limitea in its application to Indians occupying, living 

 on, or having improvements on lands within national forests at the date of tlie 

 act. This was iu accordance with an understanding reached by the two de- 



