EEPORT OP THE SOLICITOR. 353 



General Litigation. 



Thirty-three cases not referable to any of the above classes were 

 handled. Among these were 6 cases involving questions of water 

 rights; 8 suits for the cancellation of patents, in one of which a 

 decree of cancellation was entered ; 2 by claimants under the public- 

 land laws to enjoin the use of their claims by permittees of the de- 

 •paitment, one of which resulted in a decree in favor of the permittee 

 and is pending on appeal; 1 to condemn a right of way across two 

 ranches for a road needed by the Forest Service ; and 3 to quiet title. 

 A suit to enjoin the register and receiver of the Phoenix land office 

 from proceeding to try and determine charges against the validity 

 of a number of mining locations within the Tusayan National Forest 

 resulted adversely to the plaintiff and was appealed to the Supreme 

 Court of the United States, where it is now pending. A forgery case 

 resulted in the acquittal of the defendant. Two cases involving the 

 destruction of Government property resulted in a fine of $10 in one 

 and reprimand and release of the defendants, who were minors, in 

 the other. In 4 cases involving theft of Government property two 

 sentences of 30 days in jail and two fines of $50 and $25, respectively, 

 were imposed. A criminal prosecution for driving an automobile 

 in the Grand Canyon National Monument, in violation of the regu- 

 lations, resulted in a fine of $25. One claim of the United States 

 filed in bankruptcy proceedings was paid and another is pending. 

 A claim filed with the receiver of an insolvent corporation for the 

 balance due on two timber sale contracts was paid. An action for 

 damages for failure to complete a timber sale contract resulted in a 

 judgment for $31.75 and costs. A prosecution for the homicide of a 

 Forest officer resulted in the acquittal of the defendant. 



A suit instituted on recommendation of the Department of the 

 Interior, pending in the United States court for Arizona, is of con- 

 siderable interest in the administration of the National Forests. 

 Defendant claims by right of settlement 160 acres of land, 120 of 

 which are covered by Wolf Hole Lake, a watering place for sheep 

 being driven from Arizona ranges to the National Forests in Utah. 

 An injunction is sought to restrain defendant, who is alleged to be 

 working in the interests of people desirous of keeping sheep out of 

 the neighborhood, from fencing or draining the lake. 



Court Decisions of Interest. 



United States v. Morrison (240 U. S., 192), settled the question 

 of title to unsurveyed school land in the National Forests in Oregon. 

 The State of Oregon, claiming title under the grant of sections 16 

 and 36 in every township made to it by the act of Congress of Feb- 

 ruary 14, 1859 (11 Stat, 383), providing for its admission into 

 the Union, and relying upon a survey executed in the field but not 

 approved by the Commissioner of the General Land Office, had sold 

 to the defendant a portion of one of these sections. This and other 

 adjacent land, after survey in the field but before approval by the 

 Commissioner of the General Land Office, had been withdrawn for 

 forest purposes by the Secretary of the Interior and set apart as 

 a Forest by the President. The court holds that a survey is incom- 

 plete until approved by the Commissioner of the General Land 

 Office, and even though approved without modification does not 



