394 ANNUAL EEPOETS OF DEPARTMENT OF AGRICULTUEE. 



Supreme Court in Chicago^ Milwaukee mid St. Paul Railway Co. \. 

 United States (244 U. S. 851), in which, also, the Government was 

 awarded $08,000 for timber cut and destroj-ed, and other damage 

 caused, by the company in constructing its road. 



In United States v. Great Northern Railway Co., Winston Bros. 

 Co. and C. TT, Wcrdcnhoff, involving a fire trespass on the Flathead 

 and Lewis and Clark National Forests, the jury rendered a verdict 

 of $50,000 and costs in favor of the United States, which the de- 

 fendants have paid. 



In Cameron v. Lan£ and Tallman (46 App. D. C, — ) the Court 

 of Appeals of the District of Columbia held that the Secretary of the 

 Interior has ample power of his own motion prior to application for 

 patent to inquire into the validity of a mining claim. The case was 

 pending in the Supreme Court of the United States on appeal at 

 the close of the year. 



In United States v. Svan Hoglund (244 U. S., 174) the Supreme 

 Court held that the United States is bound by the proviso of section 

 7 of the act of March 3, 1891 (26 Stat., 1095), which limits to two 

 years after the issuance of receiver's final receipt the time within 

 which a protest or contest may be instituted against an entry of 

 public lands made under the homestead, desert land, and certain 

 other land laws of the United States. The fact that Hoglund's 

 homestead entry was subsequently included within a National Forest 

 was held to be immaterial, even though he was not complying with 

 the law at the time the forest withdrawal was made. 



In California v. Deseret Water, Oil and Irrigation Co. (243 U. S., 

 415) the Supreme Court held that where school sections previously 

 surveyed are included within a National Forest, the State may waive 

 its rights thereto and select other lands in lieu thereof under the 

 provisions of sections 2275 and 2276 of the Revised Statutes, as 

 amended by the act of March 3, 1891 (26 Stat., 796). The court 

 approved the Land Department's construction of the law, with which 

 the decisions of several of the lower courts were in conflict. 



In United States v. N. J. and B. A. Cameron the defendants, were 

 each fined by the United States District Court for Arizona for con- 

 ducting a livery business upon a mining claim within the Tusayan 

 National Forest and Grand Canyon National Monument in violation 

 of the department's regulations requiring a permit for any use of 

 an unpatented mining claim other than for mining. 



In United, States v. R. H. Cameron an injunction was granted by 

 the United States District Court for Arizona against the continued 

 occupancy and use of a canceled mining location within the Tusayan 

 National Forest and Grand Canyon National Monument and the 

 making of any excavations other than for annual assessment work. 

 Defendants were also ordered to remove all buildings and struc- 

 tures and all deposits of filth, manure, and refuse. An appeal having 

 been taken, the injunction was modified to permit the maintenance 

 of the buildings pending decision on the appeal. 



In United States v. Arthur Harvey the United States District 

 Court for South Dakota enjoined the defendant from maintaining a 

 fence upon, and using for pasture and agricultural purposes, certain 

 land in the Black Hills National Forest claimed under a mining 

 location. It was ordered that the fence be forthwith removed. The 

 defendant's application for a patent had previously been rejected 



