

NATIONAL FOREST MANUAL LAWS. 69 



mation by any competent person any United States commissioner in 

 the proper jurisdiction shall issue process for the arrest of any person 

 charged with the violation of said laws and regulations; but nothing 

 herein contained shall be construed as preventing the arrest by any 

 officer of the United States, without process, of any person taken in the 

 act of violating said laws and regulations. 



UNITED STATES REVISED STATUTES. 



SEC. 183. Any officer or clerk of any of the Departments lawfully Officers, etc., 

 detailed to investigate frauds or attempts to defraud on the Govern- JJJJJ Si a( 

 ment, or any irregularity or misconduct of any officer or agent of the 

 United States, shall have authority to administer an oath to any witness 

 attending to testify or depose in the course of such investigation. 



DECISIONS RELATING TO TRESPASSES. 



CUTTING OP TIMBER. 



IN GENERAL. 



By a modification of the earlier doctrine of equity, injunction will 

 now lie to prevent irremediable mischief to the substance of the estate 

 as by the mining of ores or the cutting of trees by one in possession of 

 lands while the title is in litigation. (Erhardt v. Boaro, 113 U. S., 537.) 



Where one has unlawfully cut timber from lands of the United States 

 it is no defence that he acted in accordance with a general custom in 

 the locality, known to the general land office, of entering lands and 

 cutting the timber before patent issued. (Teller v. United States 

 (C. C. A.), 113 Fed., 273.) 



An instruction to the jury that if defendant entered upon public 

 land knowing it to be such, without having complied with the provi- 

 sions of law giving him a right to do so, and cut timber therefrom, they 

 would be authorized to find the requisite criminal intent, fairly states 

 the law, and is as favorable as the defendant is entitled to. (Teller v. 

 United States (C. C. A.), 113 Fed., 273.) 



FROM PUBLIC MINERAL LANDS. 



The act June 3, 1878 (20 Stat., 88), seems to apply only in the States 

 and Territories specifically mentioned therein. (United States v. 

 Smith, 11 Fed., 487; United States v. Benjamin, 21 Fed., 285; United 

 States v. English, 107 Fed., 867.) 



The right to cut timber under this act extends only to lands valuable 

 for minerals and not to lands adjacent thereto, or lying in a recognized 

 mineral region, but not themselves valuable for their minerals. (United 

 States v. Plowman, 216 U. S., 327.) 



The cutting of timber from mineral lands for roasting of ores is author- 

 ized by the act of 1878, whether this process be considered a part of 

 the mining or as smelting. In either event the use is for "domestic 

 purposes." (United States v. United Verde Copper Co., 196 U. S., 207.) 



One who cuts timber from public mineral lands and sells the same, 

 or the lumber manufactured therefrom, without taking from the pur- 

 chaser a written statement of the purposes for which the same is in- 

 tended to be used, as required by the regulations of the Secretary of 

 the Interior, is guilty of a violation of the statute. (United States v. 

 Redes, 69 Fed., 965.) 



The act of 1878 (20 Stat., 88) and the act of March 3, 1891 (26 Stat., 

 1093), have been construed by the land department as having prac- 

 tically the same scope and purpose, the one applying only to mineral 

 and the other only to nonmineral lands. Held, therefore, on the 

 authority of United States v. United Verde Copper Co., supra, that the 

 latter statute authorizes the use of timber for smelting purposes. (34 

 L. D., 78.) 



