120 THE USE BOOK. 



be furnished the blank form upon which he may set forth his 

 side of the case. 



Upon receipt of the report the supervisor will consider it 

 carefully, and, if he thinks a good case has been presented 

 against the trespasser, he will advise him by letter of the nature 

 of the report, informing him that he will be allowed ten days 

 from the receipt of the letter in which to state his version of the 

 facts. After such statement has been made, or in case the al- 

 leged trespasser ignores the notice, after the ten days or a 

 reasonable time has expired, the supervisor, if in his opinion a 

 trespass has been committed, will determine the amount of 

 injury which the Forest has sustained. If the trespass is in- 

 nocent or unintentional the trespasser should be charged only 

 the value of the grass and forage consumed or the herbage 

 destroyed, based upon the regular grazing fee upon the number 

 of head of stock involved ; but in cases in which the trespass is 

 willful the compensation due the Government should be much 

 greater because of the effect of such a trespass. In cases of 

 willful trespass the sum of $50 per band and upward in any 

 case of sheep trespass, or $10 and upward in any case of cattle 

 or horse trespass, is reasonable. 



After having determined the compensation due to the Govern- 

 ment in settlement of the trespass, a proposition of settlement 

 (Form 208) should be presented to the trespasser, to be filled 

 in and signed by him and forwarded to the Forester. A letter 

 of transmittal (Form 861) should also be presented to him 

 and a duplicate sent to the Forester. A report of the action 

 taken in all cases, with definite recommendations, should be 

 made to the Forester at once. A card record should be prepared 

 and a properly marked folder containing the duplicate report 

 and all other papers in the case should be placed in the files. 



In criminal cases. The Secretary of Agriculture has no power 

 to dismiss criminal cases; and a proposition of settlement sub- 

 mitted with the understanding that, if accepted, criminal 

 proceedings for the trespass will be waived, will be rejected 

 (p. 164). No proceeding looking to criminal prosecution should 

 be taken or threatened by any Forest officer without authority 

 from the Forester or Law Officer, except as provided under 



