352 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



ceedings. They were also in frequent conferences with executive 

 officers of the Forest Service on questions arising out of claims cases. 



Decisions of the Department of the Interior. 



A decision of the Secretary of the Interior of August 31, 1915 

 (Instructions, 44 L. D. 3 359), holds that lands of the United States 

 upon which this department under authority of its appropriation 

 act has constructed a telephone line or like structure are thus devoted 

 to a public use pursuant to a law of Congress. Therefore a subse- 

 quent patent to the land will not, unless expressly so provided, convey 

 to the patentee the title to such structure, or the right to operate 

 and maintain the same. Hence an exception thereof and of the 

 rights and incidents necessary thereto may lawfully be made in any 

 subsequent final certificate and patent issued for the legal subdivision 

 on which the structure is located. 



A decision of January 13, 1916 (Instructions, 44 L. D., 513), 

 recognizing the application of this principle to roads, trails, and 

 other improvements, holds that to warrant the insertion of an ex- 

 ception in the final certificate or patent, it is necessary that a sufficient 

 fund for construction be set aside and that some action, such as 

 staking the area to be retained by the United States, be taken indicat- 

 ing on the ground that the tract has been devoted to a public use. 

 A preliminary survey is rot sufficient for this purpose. 



In Robert L. Morris (44 L. D., 439), it was held that a settler 

 on land included within a National Forest who at the date of the 

 withdrawal was not qualified to make homestead settlement, being 

 the proprietor of more than 160 acres of land, had no right which 

 would except the land from the withdrawal. Hence his subsequently 

 reducing his holdings could not operate to give him such right. 



Trespass. 



Damages and fines recovered during the year for trespasses upon 

 the National Forests were: 



Class of trespass. 



Grazing. 

 Timber. 



Fire 



General. 



Total . 



Damages. 



87,366.52 



17, 839. 89 



1,594.99 



2, 352. 61 



29, 154. 01 



Fines. 



S225. 00 



65.00 

 135. 01 



425. 01 



In addition, 40 cases of illegal occupancy of National Forest lands 

 were handled during the year, involving principally the unauthorized 

 use of lands for hydroelectric power development and transmission, 

 illegal inclosures, and claims of title adverse to the United States. 

 They were dealt with mainly by the institution of injunction pro- 

 ceedings or settlement without recourse to the courts. Decrees for 

 the United States were entered in 5 cases and temporary injunctions 

 issued in 3, which are still pending. .Six cases are pending on appeal, 

 3 were settled without the necessity of legal proceedings in the courts, 

 and the remainder were pending in various stages at the close of the 

 year. 



