TUE SOLICITOR, 907 



year, and after consideration of the authorities the court instructed 

 the jury to find a verdict for the United States for the vahie of the 

 timber after it was cut at the place where cut, instead of the stump- 

 age vahie thereof. Meanwhile, the Department of the Interior con- 

 tinued in force its long-established practice of settling innocent tim- 

 ber trespasses on the public lauds on the basis of the stumpage value 

 of the tunber. However, in March, 1911, one of the timber cruisers 

 of the General Land Oflice, attached to the Gainesville Land Office, 

 in Florida, submitted to the Commissioner of the General Land Office 

 a report of an iimocent timber trespass committed in Leon County, 

 in that State, in which the st'impage vahie was given as $2.50 per 

 thousand, and $3 per thousand after felling. The cruiser received from 

 the trespasser a certified check for the value of the timber at the 

 rate of $3 per thousand, and the chief of the field division recom- 

 mended that the check be accepted in fidl settlement of the trespass, 

 in accordance with the rule laid down by the Supreme Court of 

 Florida in the case of Peacock et al v. Feaster (40 So., 74), which is 

 in fidl accord with the decision of the Supreme Court of the United 

 States in the St. Anthony case. This recommendation of the chief 

 of field division led to an exhaustive consideration of the matter by 

 the Department of the Interior, and residted on April 1, 1912, in the 

 complete revision of iastnictions to the agents or that department 

 in which the measure of damages in innocent timber trespasses is 

 based upon the value of the timber after it is cut at the place where 

 cut. These instnictions are found in the case of John W. Hender- 

 son (40 L. D., 518), and reference is made therein to the practice of 

 the Department of Agriculture in settling iimocent timber trespass 

 cases on the basis of valuation after the timber is felled. 



There were pending in the courts ^t the close of the year 2 cases 

 involving the question of title to lancfs embraced in school sections in 

 the States of Oregon and Washington, which sections were included 

 in National Forests prior to survey. In one of these cases, which is 

 typical, timber was cut by the holder of a deed from the State to the 

 land. This department requested the Attorn^ General to institute 

 suit for an injunction to restrain the cutting. La this case the respec- 

 tive rights of the United States and the State of Washington will 

 undoubtedly be determined, and with this determination will prob- 

 ably end an issue which is of much importance in the administration 

 of the National Forests. 



Fire. — None of the trespasses on the National Forests is more 

 destructive to their maintenance for the objects intended than fire 

 trespasses. Many of these occur through the neghgence and* care- 

 lessness of parties occupying, or teniporariiy sojom-ning on, National 

 Forest lands or privately owned lands adjoining the National Forests, 

 and it is a deplorable fact that in a few cases fires have been mali- 

 ciously set. The watchfulness of Forest ofiicers during the year has 

 resulted in the suppression of many fires in their early stages and in 

 the apprehension oi many persons responsible therefor. 



During the year S4 firc-trespa.ss cases were handled by this office, 

 64 of which resulted in the payment by the trespassers of 836,665,11. 

 Settlement was made by the department in 4 cases; judgments were 

 procured in 5; in 1, judgment was rendered for defendant; 13 con- 

 victions were secured in Federal courts, resulting in fines amounting 

 to $735; and in 2, jail sentences of 3 months eacn. One of the fines 



