THE SOLICITOR. 793 



lands in the Forest without permission from this department, on the 

 ground that the land so traversed by its ditch is covered with min- 

 ing locations owned by the company at the time the ditch was con- 

 stioicted. This is a novel issue, and its decision \\'ill be awaited with 

 interest. 



Ten cases are now pending in which tlie Government seeks cancel- 

 lation of patents to lands which were secured illegally. These suits 

 were either reported or instituted during the year at the request of 

 this department. Two of these cases have resulted in the cancella- 

 tion of patents and restoration of the land to the National Forest. One 

 of them amounts, in fact, to 97 suits for cancellation of that many 

 patents secured under the timber and stone act, and involve 15,428 

 acres of timber land. 



One case was pending at the close of the year involving the unlawful 

 inclosure of lands in the National Forest. 



In all of the foregoing cases the district assistants to the Solicitor 

 have rendered assistance to the United States attorneys, both in 

 preparing the necessary pleadings and answers and in working up 

 the evidence to support the Government's case. 



At page 125 of this report ^vill be found a table setting forth the 

 details of the cases designated as occupancy trespass cases. 



GENERAL LITIGATION 



Under this heading fall all those cases wliich are not embraced 

 within the general desimation "trespass." During the year 2 par- 

 ties were convicted and each sentenced to 90 days in jail for theft 

 of property of the United States on the PocateUo National Forest, 

 Idaho, and another was bound over for action by the grand jury on 

 a charge of larceny of property of the department in the Portland 

 office of the Forest Service. Another party was convicted and fined 

 $100 and sentenced to jail for 90 days for forgery of an indorsement 

 on a check issued by tliis department. During the early part of the 

 fiscal year advices were received by the Forest Service that one D. A. 

 Grimes was engaged in soliciting orders for hardy catalpa trees from 

 residents and citizens of Iowa on the representation that he was an 

 agent of the Forest Service for the introduction of these trees into 

 that State. Grimes was not and never had been connected in any 

 way with this department, and the Attorney General was requested 

 to institute a prosecution for the offense. Grimes was brought to 

 trial in the northern district of Iowa in June of the fiscal year and 

 was convicted and fined $25. 



A very important case now pending in the eastern district of 

 Washington involves the question of the right of the Government to 

 use waters flowing in a stream past a ranger station for the purpose 

 of irrigating part of the land included in the station. During the 

 year an appropriator of the water in this stream, under the laws of 

 the State of Washington, applied for an injunction in a State court 

 to restrain the forest officer in charge of the ranger station from using 

 water from this stream for the above stated purpose. A temporary 

 injunction was granted by the State court, and the Secretary of 

 Agriculture requested the Attorney General to institute an action 

 in the Federal court to restrain the plaintiff in the State court from 



