18 NATIONAL FOREST MANUAL LAWS. 





A forest ranger is not subject to the Florida statutes requiring all 

 male residents of the counties to work on the public roads, with the 

 privilege of providing a substitute or paying a stipulated sum in lieu 

 of personal service. (2 Sol. Op., 841.) 



Forest supervisors are not authorized to commute leave without pay 

 to leave with pay. (1 Sol. Op., 73.) 



An employee of this department can not receive compensation from 

 it while on leave with pay from I he Indian Service. (1 Snl. < )j>.. 



Payment of cost of mallein tc.-t for glanders required on mt-r 

 shipment of ranger's horses not authorized by General Order No. 145. 

 (2 Sol. Op., 1025.) 



ARRESTS CARRYING CONCEALED WEAPONS. 



Forest officers, being charged with the duty of protecting the National 

 Forests and invested with authority to make arrests, may carry con- 

 cealed weapons, if necessary, to the discharge of these duties, and in 

 doing so are not subject to the State laws regarding the carrying of con- 

 cealed weapons. (1 Sol. Op., 112.) 



It is not the duty of forest officers to directly prosecute in a Sun-- 

 court a person accused of violating State statutes by starting a fire wh ich 

 spreads to national forest lands. In such case they would perform the ir 

 full duty by calling the attention of the proper State officers to the 

 alleged criminal offense, suggesting action, and offering to aid in all 

 proper ways. (2 Sol . Op . , 693 . ) 



LANDS. 



PROCEDURE. 



INSTRUCTIONS OF JANUARY 19, 1911 (39 L. D., 458), TO SPECIAL AGENTS 

 AND REGISTERS AND RECEIVERS. 



The following rules are prescribed for the government of proceedings 

 had upon the reports of special agents of this office. All existing in- 

 structions in conflict herewith are superseded. 

 1. The purpose hereof is to secure speedy action upon claims to the 



* public lands, and to allow claimant, entryman, or other claimant of 



record opportunity to file a denial of the charges against the entry or 

 claim, and to be heard thereon if he so desires. 



Special agent's 2. Upon receipt of the special agent's report this office will consider 

 report. ^e same an ^ determine therefrom whether the charges, if true, would 



warrant the rejection on cancellation of the entry or claim. 



Charges. 3. Should the charges, if not disputed, justify the rejection or can- 



cellation of the entry or claim the local officers will be duly notified 

 thereof and directed to issue notice of such charges in the manner and 



Notice of form hereinafter provided for, which notice must be served upon the 



charges. entryman and other parties in interest shown to be entitled to notice. 



4. The notice must be written or printed and must state fully the 



Same. charges as contained in the letter of this office, the number of the entry 



or claim, subdivision of land involved, name of entryman or claimant 

 or other known parties in interest. 



Contents of no- 5. The notice must also state that the charges will be accepted as 

 true, (a) unless the entryman or claimant files in the local office within 

 30 days from receipt of notice a written denial, under oath, of said 

 charges, with an application for a hearing, (6) or if he fails to appear at 

 any hearing that may be ordered in the case. 



Service of g. Notice of the charges may in all cases be served personally upon the 

 proper party by any officer or person, or by registered letter mailed to 

 the last address of trie party to be notified, as shown by the record, and 

 to the post office nearest to the land. Proof of personal service shall be 

 the written acknowledgement of the person served, or the affidavit of 

 the person who served the notice attached thereto, stating the time, 

 place, and manner of service. ^ Proof of service of notice by registered 

 mail shall consist of the affidavit of the person who mailed the notices, 

 attached to the post-office registry return receipts, or the returned un- 

 claimed registered letters. 



