18 



you are authorized to employ a supervisor of such forest reserve made in Porto 

 Rico and pay him for his services out of the appropriation mentioned in your 

 communication. 



Respectfully, R. J. TRACEWELL, 



Comptroller. 



Case of Curtin v. Benson et al. 



In the case of Curtin v. Benson et al., decree was entered for the defendants, 

 on December 11, 1907. The finding of facts and the decree were as follows : 



In the United States Circuit Court, Ninth Circuit, Northern District of Cali- 

 fornia. 



J. B. CURTIN, Plaintiff, } 



v. [No. 13827. 



H. C. BENSON ET AL., Defendants. \ 



Upon consideration of the evidence and the agreed statement of facts filed 

 herein June 13, 1906, I find the following facts : 



1. That the plaintiff, J. B. Curtin, owns within the limits of the Yosemite 

 National Park the following described lands: N. of section 16; SE. of sec- 

 tion 18 ; in township 2 south, range 20 east. 



That in addition thereto he leases from other parties the following described 

 lands within the said Yosemite National Park : W. * of the SW. i and SE. i of 

 SW. i of section 14 ; NE. J of NW. 1 section 23 ; all of section 17 ; in township 

 2 south, range 20 east, and the SW. 1 of section 13, township 2 south, range 19 

 east. 



2. That leading to said lands so owned and leased in the said Yosemite Na- 

 tional Park by the plaintiff herein are toll roads over which the public may pass 

 upon payment of the fees exacted by the corporation controlling said roads, said 

 roads having been established many years prior to the creation of said park. 



3. That the defendant, Major H. C. Benson, is the duly appointed, qualified, 

 and acting superintendent of said Yosemite National Park, and was at the time 

 of the commencement of the action herein such superintedent, and has continu- 

 ously acted in that capacity from that date until the present time. 



4. That the Department of the Interior has established certain rules and regu- 

 lations for the government of the said Yosemite National Park, which said rules 

 and regulations the defendant herein, as such superintendent of the said Yosem- 

 ite National Park is obliged to enforce, and for the purpose of enforcing said 

 rules and regulations he has a body of troops under his command. 



5. That among other rules and regulations promulgated and established by 

 the Secretary of the Interior are the following : 



" 9. Owners of patented lands within the park limits are entitled to the full 

 use and enjoyment thereof: such lands, however, shall have the metes and 

 bounds thereof so marked and defined as that they may be readily distinguished 

 from the park lands. Stock may be taken over the park lands to patented 

 lands with the written permission and under the supervision of the superin- 

 tendent." 



" 10. The herding or grazing of loose stock or cattle of any kind on the Gov- 

 ernment lands in the park, as well as the driving of such stock or cattle over 

 the same, is strictly forbidden, except in such cases where authority therefor 

 is granted by the superintendent." 



6. That the plaintiff, J. B. Curtin, claims the right to drive his cattle to his 

 said lands owned and leased by him as aforesaid in the Yosemite National Park 



