256 THE USE BOOK. 



From a decision arresting a judgment of conviction for in- 

 sufficiency of the indictment, where such 

 Arrest of judgment, decision is based upon the invalidity or con- 

 struction of the statute upon which the in- 

 dictment is founded. 



From the decision or judgment sustaining 

 Special plea in bar. a special plea in bar, when the defendant has 



not been put in jeopardy. 



The writ of error in all such cases shall be taken within 



thirty days after the decision or judgment 



Time limit. has been rendered, and shall be diligently 



prosecuted, and shall have precedence over 



all other cases. 



Pending the prosecution and determination of the writ of 



error in the foregoing instances, the defend- 



Bail. ant shall be admitted to bail on his own 



recognizance : Provided, That no writ of error 



shall be taken by or allowed the United States in any case where 



there has been a verdict in favor of the defendant. 



GENERAL DECISIONS. 



UNAUTHORIZED GRAZING IN NATIONAL FORESTS. 



UNITED STATES v. DASTERVIGNES ET AL. 

 (Circuit court, N. D. California. August 18, 1902. 118 Fed. Rep., 199.) 



1. FORESTS REGULATION RULES DELEGATION OF LEGISLATIVE 



AUTHORITY. 



The act of Congress approved June 4, 1897 (30 Stat., 35), 

 authorized the Secretary of the Interior, in his superin- 

 tendence of all forest reservations, to " make such rules 

 and regulations and establish such service as will in- 

 sure the objects of such reservations, namely, to regu- 

 late their occupancy and use and to preserve the forests 

 thereon from destruction." Held, that the authority 

 given the Secretary is not unconstitutional as a dele- 

 gation of legislative authority. 



2. SAME USE OF PUBLIC LANDS. 



The pasturing of sheep on the Stanislaus Forest Reserva- 

 tion having been forbidden by rule of the Secretary of 

 the Interior under authority of act of June 4, 1897 (30 

 Stat., 35), user can not give a right of pasturage there. 



