I 



NATIONAL FOREST MANUAL LAWS. 75 



objection of misjoinder and multifariousness where it alleges that 

 defendants are pasturing two bands of sheep in the reservation and 

 contains no averments which show or indicate any separate or distinct 

 rights or different interests as between the several defendants. 



An action of trespass is not maintainable as against one grazing unper- 

 mitted stock on private land, the exclusive use of which has been 

 waived by the owner, there being no authority in this department to 

 administer other than National Forest land. (1 Sol. Op., 544.) 



MISCELLANEOUS TRESPASSES AND OTHER OFFENSES AGAINST THE 

 UNITED STATES. 



A homestead entryman does not have the right to remove sand and 

 gravel from the land embraced in his unperfected entry for the purpose 

 of sale. (Litch v. Scott, 40 L. D., 467.) 



Persons obstructing either ingress or egress to a National Forest over 

 trails constructed by the department, even over lands lying outside the 

 National Forests, may be proceeded against in trespass and by proceed- 

 ings for the removal of their fences and other obstructions. (1 Sol. Op., 

 482.) 



The willful and malicious cutting of Forest Service telephone lines 

 is punishable under section 60 of the Criminal Code of March 4, 1909, 

 and regulation 81 of the Use Book of 1908. (1 Sol. Op., 283.) 



Forest officers are authorized under the act of February 6, 1905, to 

 make arrests for depredations on national monuments within National 

 Forests. (2 Sol. Op., 670.) 



Persons injuring or defacing the Oregon Caves, which have been 

 reserved as a national monument, may be prosecuted under the criminal 

 provisions of the national monument act. (2 Sol. Op., 670.) 



An affidavit of settlement, made by an applicant to enter agricul- 

 tural lands within a forest reserve, "under the act of June 11, 1906, as 

 required by the Commissioner of the General Land Office, was one 

 taken in a case in which a law of the United States authorizes an oath 

 to be administered, as provided by section 5392, Revised Statutes, and 

 was therefore a proper subject for prosecution for perjury. (United 

 States v. Nelson, 199 Fed., 464.) 



FISCAL MANAGEMENT AND APPROPRIATIONS. 



Agricultural appropriation act of May 26, 1910 (36 Stat., 416.) 



[440] The Secretary of Agriculture for the fiscal year nineteen hun- Annual esti- 

 dred and twelve, and annually thereafter, shall transmit to the Secre- mates > etc - 

 tary of the Treasury for submission to Congress in the Book of Estimates 

 detailed estimates for all executive officers, clerks and employees below 

 the grade of clerk, indicating the salary or compensation of each, neces- 

 sary to be employed by the various bureaus, offices, and divisions of the 

 Department of Agriculture. 



The agricultural appropriation act of March 4, 1911 (36 Stat., 1235. 1264) repeals the pro- 

 vision of the appropriation act of March 4, 1907 (34 Stat., 1256, 1270), requiring the sub- 

 mission to Congress of classified reports of the receipts and expenditures of the Forest 

 Service. 



Agricultural appropriation act of May 23, 1908 (34 Stat., 251). 



[260] That hereafter twenty-five per centum of all money received 25 . P er cent of 

 from each forest reserve during any fiscal year, including the year end- ^Jf TerritoriS 

 ing June thirtieth, nineteen hundred and eight, shall be paid 

 at the ^end. thereof by the Secretary of the Treasury to the State 

 or Territory in which said reserve is situated, to be expended as the 

 State or Territorial legislature may prescribe for the benefit of the 

 public schools and public roads of the county or counties in which the 

 forest reserve is situated: Provided, That when any forest reserve is in 

 more than one State or Territory or county the distributive share to 

 each from the proceeds of said reserve shall be proportional to its area 

 therein. 



