910 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



timber which has no other convenient outlet. The case was at 

 issue at the close of the year. Also of interest may be mentioned 

 the conviction of two defendants for dynamiting fish in the Routt 

 National Forest. These prosecutions were initiated by the Forest 

 Service and the trials attended and participated in by the assistant 

 to the Solicitor in district 1. One of the defendants was sentenced 

 to 2 years in the State reformatory and the other to 15 months in 

 the penitentiary. 



In the case against Forest officers on the Alamo National Forest, 

 N. Mex., who were indicted in the Territorial court during the 

 last fiscal year for removing trespassing cattle from the Forest, the 

 demurrer to the indictment was sustained and the defendants dis- 

 charged. One indictment was returned for forgery of a check issued 

 by the district fiscal agent at Denver, Colo., and another case involv- 

 ing a similar forgery was reported to the Attorney General, but no 

 action had been taken in the court at the close of the year. In two 

 cases parties were indicted for perjury in testifying in cases of claims 

 to lands lying within the Coeur d'Alcnc National Forest. Demurrers 

 to the indictments were argued during the year, but the court has 

 not yet rendered decision thereon. 



During the year the assistants to the Solicitor at Missoula, Mont., 

 in District 1, cooperated with the United States attorney for the 

 District of Idaho m the taking of voluminous testimony in the case 

 of United States v. Chicago, Milwaukee & St. Paul Railway Co. It 

 will be remembered that this case involves the power of the Secre- 

 tary of Agriculture to require a railroad company to file stipulations 

 for protection of National Forests over which a company proposes 

 to construct a railroad during the temporary withdrawal of lands 

 by the President for forest purposes and pending final proclamation 

 creating a National Forest. In this case the general counsel of the 

 company entered into a written agreement with the Forester binding 

 the company; to file such stipulations as the Secretary might require 

 as a prerequisite to the consent of the Secretary to the construction 

 by the company of a railroad over the Coeur d'Alene National 

 Forest. The company completed its road over the Forest and refused 

 to execute and file the stipulations. This suit is brought by the 

 United States primarily to enforce specific performance of the agree- 

 ment to file the stipulations. In addition to the taking of testimony 

 during the year, some of which was taken in Washington, D. C, by 

 this office, the assistant at Missoula prepared an exhaustive brief 

 on the issues involved in the case. The brief w^ili be filed for the 

 consideration of the court. 



Near the close of the year the department requested the Attorney 

 General to take the necessary action to remove into the District 

 Court for the Northern District of California from the State court 

 in Tuolumne County, Cal., an action instituted against the super- 

 visor of the Stanislaus National Forest to restrain him from enforcing 

 the laws of the United States on a tract of land in the Forest claimed 

 by the complainant under a deed from the State of California exe- 

 cuted on the theory that the land belonged to the State under the 

 swamp-land grant of Congress. The assistant to the Solicitor in 

 district 5 cooperated with the United States attorney in the prepara- 

 tion of the necessary pleadings to effect the removal. 



