OFFICE OF THE SOLICITOR. 401 



which the matter was settled by mutual agreement, and in the other 

 a decree for the Government was g^ranted. In 1 suit in the State 

 court by a mining claimant to enjoin a special-use permittee of the 

 Forest Ser^dce from making use of his permit intervention by the 

 United States resulted in a decree by the State supreme court in 

 favor of the defendant. Three suits to cancel patent were handled, 

 in one of which a demurrer to the bill was sustained, with leave to 

 amend, and in the other two the bills were dismissed. A suit insti- 

 tuted by a mining claimant to enjoin a forest supervisor from selling 

 timber on his mining claim, although he had consented thereto, was 

 settled by mutual agreement. An action against a forest super- 

 visor, instituted by a packer under an alleged Government contract, 

 is pending. Two actions on uncompleted timber-sale contracts re- 

 sulted in judgments for the United States. Two suits to quiet title 

 to public lands were handled, one of which resulted in a decree for 

 the United States ; the other was pending at the close of the year. 



There were also pending 1 suit to restrain the unauthorized use of 

 an easement, 1 to cancel an easement, 1 to collect charges under a 

 stipulation, and 1 to enjoin the maintenance of an unlawful fence. 

 In a suit instituted by a claimant to public land to enjoin Forest 

 Service permittees from watering stock thereon a decree was ren- 

 dered for the defendant. A suit to recover for the unlawful use of 

 Government-owned hay was pending at the close of the year, as were 

 also three proceedings before the State railroad commission and 

 Interstate Commerce Commission to establish or regulate railroad 

 rates. Another proceeding to regulate railroad rates resulted in the 

 granting of the petition and the establishment of the rates as prayed 

 for. A request upon the State of Idaho for the proceeds of Govern- 

 ment lands rented by the State to individuals through error is pend- 

 ing action by the legislature. 



CRIMINAL CASES. 



Thirty-three criminal prosecutions were handled during the year. 

 Of these 20 were prosecutions for violation of the law and the regu- 

 lations of the department governing the Pisgah National Forest and 

 Pisgah National Game Preserve, N. C. Four convictions were se- 

 cured, one case was closed on the defendant absconding, and the re- 

 maining cases are pending. Two prosecutions under the State game 

 laws are also pending. In an action for criminally libeling a forest 

 officer the defendant was convicted in the State courts. A prosecu- 

 tion for removing an established section corner resulted in an ac- 

 quittal. In prosecutions for illegally cutting Government-owned 

 ha}^ for forgery, and for failure to register under the draft law de- 

 fendants were convicted. A prosecution for conspiracy to collect 

 money on a Government fire-fighter's check was dismissed. 



There were pending at the close of the year 1 prosecution for lar- 

 ceny and 1 for bribery. There was also pending 1 prosecution for 

 theft of Government property, and in a similar case the grand jury 

 failed to indict. Also, a prosecution was pending against a forest 

 officer on a technical charge of murder, for shooting a man while 

 assisting a United States marshal in making an arrest. 



