SERVICE NOTES FOR DECEMBER. 



These notes contain instructions and necessary information for 

 Forest officers, and will therefore be carefully read and kept on file 

 for reference. 



LAW. 



On October 31 in the United States court for the district of Alaska, judg 

 ment was rendered ejecting Lyinan A. Plumley from premises in the Alexander 

 Archipelago National Forest occupied by him for saloon purposes. Costs were 

 awarded in favor of the Government. The trespasser was occupying a mill-site 

 location which was canceled by the Secretary of the Interior May 12, 1903 

 (32 L. D., 128), and resisted all efforts of the Forest officers to prevent the sale 

 of liquor upon Government property. The same judgment was rendered against 

 Orenshaw and Moffat, who occupied another site under like circumstances. 

 Suit was begun in these cases October 5, 1906. These judgments will have a 

 salutary effect upon the pending cases involving saloon trespasses throughout 

 the United States. 



Charge for Hydro-electric Power Plants 



The legality of the proposed charge for hydro-electric power plants on the 

 National Forests is sustained by the following opinion of the Attorney-General 

 (26 Op., 421) : 



DEPARTMENT OF JUSTICE, 



Washington, October 5, 1907. 

 The Honorable, The SECRETARY OF AGRICULTURE. 



SIR : I have the honor to acknowledge the receipt of your letter of August 

 "13 last past, requesting an opinion from me in regard to your authority to 

 make a " conservation charge " as a condition for permits to use lands or 

 resources within the limits of the National Forest reserves. The specific ques- 

 tions propounded by you are whether you- have authority, in making such 

 charges, to include a reasonable compensation 



1. For the use of the ground occupied by any reservoirs, diverting dams, 

 or power stations, according to their area, without regard to its special 

 value for the particular purpose contemplated by the permit. 



2. For the right of way of any canal, flume, pipe, or pole line, according 

 to its length, without regard to its special value for the particular purpose 

 contemplated by the permit. 



3. For " conservation," by which is meant all other advantages, oppor- 

 tunities, resources, or services, furnished by the Government to the per- 

 mittees, or damage suffered by it through the enjoyment of the permit ; or, 

 in other words, the special value of the land occupied by the permittee for 

 the particular purpose contemplated by the permit in excess of its value 

 for general purposes. 



These permits are authorized by the act of February 15, 1901 (31 Stats., 790), 

 of which the material portion is as follows : 



TJic Secretary of the Interior * * * is authorized and empowered, 

 under general regulations to ~be fixed by Mm to permit the use of rights of 

 way through the public lands, forests, and other reservations of the United 

 States, and the Yosemite, Sequoia, and General Grant National parks, Cali- 

 fornia, for electrical plants, poles, and lines for the generation and distribu- 



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