beport of the solicitor. 395 



by the Secretary of the Interior and the location declared null and 

 void. 



In United States v. Nels /Swanson, a suit for the condemnation 

 of a right of way for a wagon road over lands of the defendant, the 

 United States District Court for the Northern District of California 

 held that the appropriation made by the agricultural approi)riation 

 act of June 30, 1015 (38 Stat., 78G, 1100), '* for the construction and 

 maintenance of roads, trails, * * * and other improvements 

 necessary for the proper and economical administration, protection, 

 and development of the National P^orests," authorized the Secretary 

 of Agriculture to acquire lands for roads and highways within the 

 National Forests. 



In Northcni Pacific Raihoay Co. v. Lane (46 Appeals D. C, — ), 

 the Court of Appeals of the District of Columbia affirmed the de- 

 cision of the Supreme Court of the District, refusing to restrain the 

 Secretary of the Interior from canceling a list of indemnity selec- 

 tions made by the railroad company for lands within a National 

 Forest. It was held that the company has no right of selection until 

 the lands are surveyed, and that even though it had been previously 

 determined by the Land Department that the indemnity lands were 

 insufficient to satisfy the company's losses, a withdrawal of the lands 

 for forest purposes prior to survey defeated the company's right of 

 selection. 



IMPORTANT OPINIONS OF THE ATTORNEY GENERAL. 



A question having arisen with respect to the relative powers of 

 the Secretary of the Interior and the Secretary of Agriculture in the 

 administration of the Minnesota National Forest, created by the act 

 of Congress approved May 23, 1908 (35 Stat., 268), the matter was 

 referred to the Attorney General, who advised, on January 24, 1917, 

 that the Secretary of Agriculture has authority to administer the 

 forest in all respects as other National Forests are administered, sub- 

 ject, however, to timber sale contracts made by the Secretary of the 

 Interior pursuant to the statute and to the condition that receipts 

 from sales of other timber prior to the appraisal thereof required 

 by the statute shall be deposited to the credit of the fund for the 

 Indians. 



"With regard to the administration of National Forest lands with- 

 drawn for reclamation purposes, the Attorney General on Novem- 

 ber 28, 1916, advised that the Reclamation Service is without legal 

 authority to lease to private parties for recreation and other pur- 

 poses lands not actually needed for reclamation uses, such as those 

 located along the shores of reservoirs constructed by that service. 



In an opinion of November 28, 1916, the Attorney General advised 

 that in Wyoming and other States in which the enlargement of 

 National Forests, except by act of Congress, is prohibited bv the act 

 of March 4, 1907 (34 Stat., 1271), withdrawals of land in aid of 

 legislation looking to their inclusion within National Forests may be 

 made notwithstanding the reiteration in the w^ithdrawal act of 

 June 25, 1910 (36 Stat., 847), and the amendatory act of August 24, 

 1912 (37 Stat., 497), of the prohibition contained in the act of 1907. 



In an opinion of August 24, 1916, the Attorney General advised 

 that a corporation, organized and existing under and by virtue of 



