INJUNCTION AS TO PUBLIC LANDS 65 



insolvency of the defendant or the irreparable character 

 of the injury. l 



67. Injunction is Available for the Protection of 

 Public Timber. The United States enjoys the 

 same rights as a private individual in the protection of its 

 property, 2 and the remedy of injunction is available to 

 the United States in the prevention of timber trespass on 

 public lands. 3 



1. See citations under note 6 p. 62. Kla. General Statutes, 1906, Sec. 1919. Ga. Code of 



1S95, Sec. 4927 and 4928. If PI. shows title and gives bond, need not show in- 

 solvency of clef, or irreparable injury. Minn. General Statutes, Tiffany, 1913. 

 Sec. 8089. X. C. Revised Laws, Pell, 1908, Vol. 1 Sees. 807 to 809, not neces- 

 sary to allege insolvency. Tenn. Code, Shannon, 1896, Sec. 3820, 3821. Wash. 

 Codes & Statutes, Remington & Ballinger, 1910, Sec. 941. 



2. U. S. v. Lee, 106 U. S. 222. Dugan v. U. S. 3 AVheaton 181. Stephenson v. Little 



et al. 10 Mich. 433. 1 Opin. Atty. Gen. 471, May 27, 1821: 2 Op. Atty. Gen. 

 575, Aug. 22, 1833. 



3. Erhardt v. Boaro et al. 113 U. S. 537. U. S. v. Gear 3 Howard 120. Nichols v. 



Jones et al. 19 Fd. 855. Wilson v. Rockwell et al. 29 Fed. 674. LeRoy v. 

 Wright et al. 4 Sawyer 530 (Cir. Ct. of Cal.) 



See Teller v. U.S. 113 Fed. 463, 51 C. C. A. 297 injunction refused where it 

 was urged l.he injunction would do no harm but no affirmative reason for its 

 issuance was shown. 



