THE SOLICITOB. 



909 



work was done in connection with them by the district assistants to 

 the SoHcitor toward the preparation of the pleadings to be filed on 

 behalf of the United States. The Hydro-Electric Power case, which 

 was referred to at length in the report of this office for the last fiscal 

 year, proceeded during the present year to the submission of the case 

 to the court on the voluminous testimony taken, and there is every 

 indication that the Government will sustain its position in the case. 



In the spring of 1911 a bill was introduced in the House of Repre- 

 sentatives to grant the Hydro-Electric Co. a right of way over the 

 lands in the ^fono Forest involved in the litigation. One of the 

 assistants in this office appeared before the Public Lands Committee 

 of the House and presented the department's view of the litigation 

 and of the inexpediency of grantmg the right of way. The biU 

 was subsequently reported favorably to the House, but when put 

 upon its passage was defeated by a very large vote. 



The ofiice handled during the year 7 cases involving the procure- 

 ment of patent to lands illegally. One of these cases is really divisible 

 into 97 separate suits, all of which were pending, on the answer of 

 defendants, at the close of the year. 



A table giving the details of the foregoing cases is inserted in a 

 subsequent part of this report, beguming at page 1073, and there is 

 appended a resume of the cases by districts: 



GENERAL LITIGATION. 



Under this heading fall all those cases which are not embraced 

 within the general designation "Trespass." A very important case 

 arose during the year in the county court. Clear Creek County, 

 Colo., involving the validity and effect of a special-use permit granted 

 by tins department covering a small tract of land in the Pike National 

 Forest, which was subsequently, and while occupied by the permittee, 

 located by certain parties under the mining laws. These parties 

 brought suit against the department's permittee to eject him from 

 the premises. This department requested the Attorney General 

 to intervene in the case, since it involved the validity of a permit 

 panted by the department. The United States attorney was so 

 mstructed, and the district assistant to the SoUcitor cooperated 

 with him in the preparation of an exhaustive brief in behalf of the 

 Government. The court sustained the permit as superior to any 

 rights acquired by the mining locators subsequent to its issuance. 



Another case of special interest is one instituted at the request 

 of this department to restrain a company from closing a road in 

 the Rio (irande National Forest, which is used in the administration 

 of that Forest and especially in connection ^ith the removal of 



