THE SOLICITOR. 791 



upon which $333.50 were imposed as fines. In 4 cases the defend- 

 ants were committed to jail and in 1 sentence was suspended. Only 

 2 defendants were acquitted. The remaining cases were ])ending at 

 the close of the 3'ear. There were 25 cases prosecuted in the State 

 courts, resulting in 20 convictions and fines aggregating S375 and 5 

 jail sentences. Only 3 defendants were acquitted. Aside from the 

 foregoing there were several suits instituted against corporations and 

 individuals for recovery of the value of timber destroyed by fires 

 neghgently communicated by them to timber on the national forests. 

 In 4 of the 8 cases so handled the Government recovered $20,333.78, 

 and it is worthy of special note that in one, United States v. Bailey, 

 receiver for the Missouri River & Northwestern Railroad Co., the 

 Government recovered, in addition to the value of matured timber, 

 $1,094.40 as damages to young growth destro3'ed, the measure of 

 such damages being the cost of replanting the burned-over area and 

 caring for it until the saplings should reach the age of the young trees 

 burned. 



The department settled 4 innocent fire trespass cases by the exac- 

 tion of $613.42, the value of the timber destroyed. 



It will be seen that 25 cases were prosecuted in the State courts. This 

 course has been pursued by the department whenever more expe- 

 ditious and certain action could be secured than by awaiting sessions 

 of Federal grand juries. The table on page 123 will show what excel- 

 lent results attended this policy. In all these cases the district 

 assistants to the Solicitor cooperated fully with State authorities and 

 appeared at the hearings and trials to participate therein. 



Section 52 of the Criminal Code of the United States provides that 

 whoever shall willfully set on fu-e, or cause to be set on fire, any 

 timber, undergrowth, or grass upon the public domain shall be fined 

 not more than $5,000 or imprisoned not more than two years, or both. 

 In the case of the United States v. Henry Clav, which resulted in the 

 defendant's conviction during the fiscal 3*ear, in the southern district 

 of California, it was contended in behalf of the defendant that as the 

 fire was set on private land there was no liability under the above- 

 stated section of the Criminal Code. Judge Wellborn, however, 

 instructed the jury as follows: 



You are further charged that it is immaterial whether the fire mentioned in thiii 

 indictment originated on private land if it was set willfully and if in the course of 

 nature and in view of all the surroundings the said fire would reasonably be expected 

 to be communicated to the public domain. A man has no lawful right to set fire to 

 his own property if he has reason to believe or intends that such fire will be com- 

 municated to the property of others and destroy it. 



At page 123 of this report will be found a table setting forth the 

 details of the cases considered under the foregoing heading. 



OccuPAXCY. — As heretofore stated, all trespasses which do not 

 naturally fall under the headings grazing, fire, and timber, are assem- 

 bled under the designation "Occupancy trespasses," which, in this 

 report, embrace illegal use of unperfectcd mining claims for conduct 

 of saloons thereon; possession 01 land under claim of right adverse 

 to the United States; possession of land for water-power develop- 

 ment without permit from this department; acquirement of patent 

 to land througn illegal means; and unlawful inclosure of lands. 



The prosecutions of several defendants for maintaining saloons on 

 unperfectcd mining locations in violation of the regulations of tliis 



