19 



without complying with the provisions of sections 9 and 10 of the Rules and 

 Regulations as set forth above, claiming said Rules and Regulations to be invalid, 

 and claiming that to deprive him of the right so to drive his cattle to and from, 

 and graze his cattle upon, his land would work irreparable injury to him. 



7. That the plaintiff herein did on one occasion place cattle upon his said 

 lands in said Yosemite National Park, and that the said defendant, H. C. Benson, 

 as such superintendent, did immediately remove said cattle from said lands and 

 refuse to allow the same to be grazed thereon until said plaintiff complied with 

 said Rules and Regulations. That prior to the commencement of this action, the 

 defendant, H. C. Benson, as such superintendent of said Yosemite National Park, 

 did refuse to allow and by force did prevent said plaintiff from driving any of 

 his said cattle or horses in, upon, or over said toll roads to his said lands in said 

 park, and did prevent said plaintiff from using any of his said lands in said 

 park until the metes and bounds thereof were properly pointed out. 



That the defendant, H. C. Benson, as such superintendent, has enforced and 

 will continue to enforce, as such superintendent of the Yosemite National Park, 

 the Rules and Regulations hereinbefore set out until the same are declared 

 invalid by competent authority or his orders in reference to enforcement thereof 

 are changed. 



As a conclusion of law from the foregoing facts and the facts admitted by 

 the pleadings, I find that the Rules and Regulations made by the Secretary of the 

 Interior, numbered 9 and 10, for the government and superintendence of the 

 Yosemite National Park, and set out in the foregoing finding numbered 5, are 

 valid. 



2. That plaintiff is not entitled to the relief prayed for in the bill of complaint, 

 or any relief. 



3. That defendants are entitled to a judgment dismissing the bill of com- 

 plaint and for their costs. 



Let such decree be entered, 

 Dated December 11, 1907, 



JOHN J. DE HAVEN, Judge. 



BRANCH OF SILVICULTURE. 



OFFICE OF MANAGEMENT. 



Closing- Old Timber Sales Cases 



The timber sales files in the office at Washington show that there are many 

 old sales on the National Forests in which it is probable that all of the timber 

 has. been cut and removed. Supervisors should, therefore, as soon as possible, 

 go through their card and correspondence files and recommend for closing, all 

 cases in which the conditions are such as to allow this action. If necessary, 

 Forest officers should be asked for reports to show the status of cases in which 

 the records are not complete. In addition to looking up cases which should be 

 closed, the payments in connection with reports of timber cut should be care- 

 fully checked. 



Without doubt, it will also be possible to recommend for closing many tres- 

 pass cases, timber settlements, and sawmill privileges. 



Advertised Class B and C sales 



To insure compliance with the provision of the law that timber exceeding 

 $100 in value must be advertised for a period of not less than thirty days before 



