20 NATIONAL FOREST MANUAL. 



cases, as hereinafter stated, no Forest officer will take action looking 

 to a criminal prosecution of the trespasser, but will report all tin- 

 facts to the supervisor as directed under heading " Civil cases." The 

 Secretary will determine from the facts reported to him whether or 

 not criminal- proceedings should be recommended to the Attorney 

 General. 



All Forest officers have power to arrest without warrant any person 

 Arregt whom they discover in the act of violating the Na- 



tional Forest laws and regulations, or if a violation of 

 such laws and regulations is committed out of the view of sue h offi- 

 cers they have the authority to secure a warrant from a United St ates 

 commissioner, or, if one is not convenient, from a justice of the pearc, 

 and use it as the visible sign of the right to arrest, and also to arrest 

 for any such violation on a warrant obtained by any competent 

 person. Every person so arrested must be taken before the nearest 

 United States commissioner for commitment. 



In willful and flagrant cases where immediate action is necessary 

 in order to protect the Forest from damage or to pre- 

 Action by ven t the escape of the trespasser the ranger will 

 rest^ijT neces- P^ ace the trespasser under arrest if he is detected in 

 sary. the act of committing trespass, or if not so detected 



will first procure a warrant for his arrest; will notify 

 the supervisor at once, advising him of the need of immediate action, 

 of the evidence against the trespasser, and of the United States com- 

 missioner before whom the hearing will be held. He will also secure 

 evidence upon all of the points mentioned under the head of "Civil 

 cases." He will immediately take the trespasser before the proper 

 United States commissioner, swear to a complaint, and, in the absence 

 of the district assistant to the solicitor, represent the Forest Service 

 at the hearing, and hold the trespasser for disposition according to 

 the instructions of the commissioner. After the case has been acted 

 upon by the commissioner the ranger will submit full reports upon 

 the proper forms, as in a civil case, to the supervisor, including a. 

 statement regarding the urgency of the need for arrest, and the decision 

 and rulings of the commissioner. 



The supervisor upon receipt of the ranger's preliminary report will 

 at once notify the district forester, in order that the 

 Action by su- district assistant to the solicitor may attend the 

 arrest^is neces- nearm g if possible. The supervisor should endeavor 

 sary . to attend the hearing before the commissioner, or, 



failing to be present, should give the ranger full 

 instruction relating to the case. As soon as the case before the com- 

 missioner has been decided and the ranger has submitted full reports 

 upon the proper forms the supervisor should consider, approve, 

 and- record them in the proper manner, and forward all papers in the 

 case to the district forester for submission to the district assistant to 

 the solicitor, adding such recommendations as are necessary and 

 stating in full all rulings and decisions made by the commissioner, 

 after which the case wfll be handled by the district assistant to the 

 solicitor. 



In all cases where a trespasser has paid the damages assessed against 



him or has paid the fine imposed upon him by the 

 easel court as a P enaltv for ms trespass upon the National 



Forest the case will be closed. 



