392 ANNUAL REPORTS Of DEPARTMENT OF AGRICULTURE. 



withdrawal and survey of a certain area (act of Aug. 18, 1894, 28 

 Stat. 394) will not prevent the inclusion of the lands within a Na- 

 tional Forest. 



In Washington v. Lynam (45 L. D. 593) it was held that school 

 sections included within a National Forest in the State of Washing- 

 ton prior to survey are to be administered in all respects as are other 

 lands within the forest, since the State gets no title until the lands 

 are surve3^ed, and a withdrawal prior to survey defeats its title so 

 long as the forest is maintained. 



In William H. Whit fen (45 L. D. 542) it was held that upon can- 

 cellation of patent for lands within a National Forest the title of 

 the United States relates back to the date when it was conveyed 

 to the patentee, and that the land therefore becomes a part of the 

 forest. It was further held that in view of the fraud in procuring 

 the patent the equitable title remained in the United States, and 

 the forest withdrawal operated upon this as well as upon the legal 

 rights of the United States. 



TRESPASS. 



Damages and fines recovered during the year for trespasses upon 

 the National Forests were : 



$96,288.02 outstanding. 



In addition, 48 cases of illegal occupancy were handled during the 

 year, involving the unauthorized use of land for various purposes. 

 They were dealt with mainly by the institution of injunction pro- 

 ceedings or settlement without recourse to the courts. In 3 cases 

 the Supreme Court affirmed decrees of the low^er court enjoining 

 the use without permit of forest lands for the development of hydro- 

 electric power, but reversed these decrees to the extent that they 

 denied the Government's right to compensation for past occupancy 

 and use. Injunctions were granted in 5 cases in favor of the Govern- 

 ment. A decree canceling patent was rendered in one case, and in 

 another a decree clearing the Government's title. Judgments for 

 possession were entered in 4 cases. Three bills filed by the Govern- 

 ment were dismissed, but appeals have been taken. The remainder, 

 except one which was settled, were pending in various stages at the 

 close of the year. 



GENERAL LITIGATION. 



Thirty-seven cases not referable to any of the above clas.ses were 

 handled. Among these were 8 involving questions of water rights. 

 Two cases involving personation of forest officers resulted in a fine 

 of $25 in one and a jail sentence of 13 months in the other, together 



