REPORT OF THE SOLICITOR. 393 



with costs of $20 (approximate) and $72. G5, respectively. In one 

 case of )HM-jiiry in connection Avitli a heai'iiio: in a jniblic land case 

 the defendant was fined $r>0. Two defendants were fined $5 and $10, 

 respectively, for disorderly conduct on cami)ing grounds within a 

 forest. Two mining claimants were fined $5 each for using their 

 claims for other than mining pui*poses in violation of the National 

 Forest regulations and were admonished that jail sentences would 

 be imposed for repetition of the offenses. A temporary injunction 

 against draining a water hole was granted pending the Interior 

 Department's adjudication of the defendant's settlement claim em- 

 bracing it. A prosecution for embezzlement was dismissed on a 

 showing that defendant could not be. found and that his sister had 

 reimbursed the Government in full. A prosecution for forgery 

 resulted in the acquittal of the defendant. An action for damages 

 on account of failure to complete a timber sale contract resulted 

 in a default judgment for damages, interest, and costs. A petition 

 for reduction in logging rates affecting National Forest timber is 

 pending before the Interstate Commerce Commission. 



COURT DECISIONS OF INTEREST. 



The decision by the Supreme Court in Utah Power <£ Light Co. 

 V. United States '(2-i3 U. S., 389) brings to a successful termination 

 a controversy of several years' duration with respect to the right of 

 hydro-electric power companies, without permission from the Secre- 

 tary of Agriculture, to occupy and use lands of the United States 

 within the National Forests for the generation and distribution of 

 hydro-electric power. The court upheld the Government's conten- 

 tion that the lands may be held for such purposes only under revo- 

 cable permits issued by the Secretary under the provisions of the 

 act of February 15, 1901 (31 Stat., 790). The company claimed the 

 right, under earler acts of Congress and the laws of Utah, to occupy 

 and use certain lands in the. Cache National Forest without permits. 

 The court held that Congress has the exclusive power to regulate 

 the use of, and prescribe the conditions under which rights may be 

 acquired in, lands of the United States, and that State laws, includ- 

 ing those relating to the exercise of the power of eminent domain, 

 have no application to such lands. Under the decision the Govern- 

 ment is entitled to reasonable remuneration for the occupancy and 

 use of the land. The decree of the lower court, enjoining the com- 

 pany, from maintaining and operating its works, was affirmed. The 

 decision was also determinative of the similar cases of Beaver River 

 Power Co. v. United States^ and Nunn et al. v. United States. As 

 a result of this decision the suit instituted in California by the 

 Pacific Gas & Electric Co. v. David F. Houston et at.., praying for 

 an injunction against any interference with an alleged right to 

 construct, without a permit from this department, a ditch across 

 certain lands of the United States within the Eldorado National 

 Forest for the purpose of developing electrical power, was dismissed. 



That railroad companies may acquire rights of way over National 

 Forests only w'ith the approval of the Secretary of the Interior, and 

 und(^r such conditions and restrictions as may be deemed necessary 

 for the protection of the forest, was settled by the decision of the 



