62 



The testimony of the Government established this cost at $12 per acre, which amount 

 was awarded by the jury . This case is of especial interest because it is the first instance 

 in which the United States has demanded and received the cost of replanting an area 

 burned over by the negligence of a railway company. 



Mining Claim Does not Permit Saloon Location 



Since the publication of the last Field Program and on August 24 last, Judge 

 Dietrich, of the district of Idaho, has announced his decision on the demurrer of the 

 defendants in the case of the United States against Basil Rizzinelli and Charles Rizzi- 

 nelli, for maintenance, in violation of the rules and regulations of the Secretary of 

 Agriculture, of saloons on unperfected mining claims, within the Coeur d'Alene 

 National Forest. In this decision the court holds that the location of a mining claim 

 in a National Forest does not authorize the maintenance thereon of saloons or any 

 other forms of business not properly connected with the development of the mines 

 and in violation of the regulations promulgated by the Secretary of Agriculture for 

 the proper protection and administration of the National Forests. 



Measure of Damage in Innocent Timber Trespass Case- 

 On September 7, 1910^, the Attorney-General advised the United States attorney 

 for the district of Montana that the measure of damages in an innocent timber tres- 

 pass is the value of the timber after it was cut at the place where it was cut, follow- 

 ing the rule laid down in the case of the United States v. St. Anthony Railroad 

 Company (192 U. S., 524). There had been diversity of opinion as to the proper 

 measure of damages in such cases, it having been thought that the Wooden-ware 

 case (106 U. S., 432) established the measure of damages in such cases to be the 

 stumpage value of the timber. 



As to Refunds in Supposed Timber Trespass Cases 



On June 8, 1910, Blake Franklin, esq., Assistant to the Solicitor at Albuquerque, 

 N. Mex., advised the District Forester that a refund could not be legally made by 

 the Secretary of Agriculture under the act of March 4, 1907 (34 Stats., 1256), or under 

 any other statute, of moneys deposited in the Treasury in settlement of a supposed 

 timber trespass on an unperfected homestead entry within the limits of a National 

 Forest upon it being later discovered that the timber or portion of it was lawfully 

 cut. Mr. Franklin's opinion was reviewed by the solicitor on August 17, 1910, and 

 was by him sustained. On September 8, 1910, the Forester requested the Solici- 

 tor to submit the matter to the Comptroller of the Treasury for his decision. 

 The submission was duly made, and on September 28 the Comptroller advised the 

 Secretary that there is no authority of law for the proposed refund. 



Fire Trespass Case Complaint Filed 



On July 12, 1910, complaint was filed in the circuit court of the United States for 

 the eighth district of Colorado against the Denver, Northwestern and Pacific Railway 

 Company to recover $5,440.04 damages caused by fire alleged to have been set by 

 sparks from the company's engines. 



