OFFICE OF THE SOLICITOE. 403 



United States shall be satisfied first. The court held, however, that the Gov- 

 ernment was not suing in its sovereign capacity, but as a proprietor or owner 

 of land which had been damaged by the negligence of the company, and tnat 

 consequently it must be treated as any other litigant and was subject to the 

 provisions of the bankruptcy act in the presentation, allowance, and liquida- 

 tion of its claim. Therefore, since its claim was not reduced to judgment until 

 11 months after the adjudication in bankruptcy, it was not entitled to priority. 

 Hence the Government would merely be entitled as a general creditor to a 

 pro rata distribution of the assets of the company after the allowance of pre- 

 ferred claims. 



In United States v. Carbon Timber Co., R. D. Meyer and Andrew Olsen, trus- 

 tees, the United States District Court for Wyoming, on June 19, 1918, held that 

 the United States was entitled to priority and directed the trustees to pay its 

 claim of $4,507.70, together with interest from the date of judgment. The Car- 

 bon Timber Co.. on September 1.5, 1915, being then insolvent, had made an 

 assignment of its property to the trustees above named for the benefit of its 

 creditors, and the Government, on December 21, 1916, recovered judgment in 

 the amount stated against the company on account of a timber tre.spass on the 

 Hayden National Forest. The company being insolvent at the time of the 

 assignment, the court held that the Government was entitled to priority under 

 sections 3466, 3467, and 3468 of the Revised Statutes, and that the American 

 Surety Co., having paid as surety the amounts due the Government by rea.son of 

 the default of the Carbon Timber Co. on certain contracts in connection with 

 which bonds were given, was entitled to the same rights as the United States. 

 The judgment, together with interest and costs, was paid into the registry of the 

 court on or about June 25. 



In United States v. Hartford & Eastern Railway Co. and Northern Pacific 

 RaiUray Co., involving the reasonableness of rates on logs as affecting the 

 Snoqualmie National Forest, the public service commission of the State of 

 Washington, on January 2, 1918, in response to the petition of the Forest Serv- 

 ice, directed the defendants to establish rates on logs of $1.60 to Everett 

 and $1.75 to Kirkland. The rates quoted and against which complaint was 

 filed were $2.40 and $3.20, respectively. 



In United States v. Edward B. Franldin, an interlocutory decree was granted 

 by the Federal Court for the District of Arizona restraining the defendant from 

 interfering with the public use of the waters of Wolf Hole Lake. The court 

 reserved jurisdiction for final decree until the Land Department passes on the 

 defendant's homestead application for the land upon which the lake is located. 



In Exploration Co. v. United States (247 U. S. — ), it was held that the act 

 March 3, 1891 (26 Stat., 1093), limiting to six years the time within which suit 

 may be brought to vacate and annul patents for public lands, does not begin 

 to run in the case ot frnud that has been concealed or was committed in such 

 a manner as to conceal itself until it is discovered by the Government. 



IMPORTANT FORESTRY DECISIONS OF THE COMPTROLLER. 



In Frank C. Clark's case, it was held on January 17, 1918, that a temporary 

 laborer employed at the rate of $100 a month, with the understanding that he 

 was to furnish a horse to assist in packing supplies, could be reimbursed for 

 the loss of the horse under the act of March 4, 1913 (37 Stat., 843), in view of 

 the implied contract of hire, which might be inferred from the understanding 

 that he was to furnish the horse, and that the I'ate of compensation was greater 

 than would have been paid for the owner's services alone. 



In Raleigh R. Bryan's case (24 Comp. Dec. 358), it was held on December 18, 

 1917, that a statutory forest officer furnishing a horse for the use of the Govern- 

 ment, under the provisions of a regulation (Reg. A-4) by which the Govern- 

 ment agrees to furnish a part of the feed in return for the use of the horse, may 

 be reimbursed under the provisions of the act of March 4, 1913 (37 Stat., 843), 

 for the loss of the horse while used on official business, since a contract of hire 

 arises upon the furnishing of a hoi-se in response to the offer made by the 

 regulation. 



IMPORTANT FORESTRY OPINION OF THE ATTORNEY GENERAL. 



In an opinion of May 27, 1918. with reference to the case of United States 

 V. Charles Curtis, involving an alleged fire trespass on the Idaho National 

 Forest, the Attorney General expressed the view that a mere passer-by, seeing 

 a fire burning in or near infiammable material on the public domain, is not 



