22 



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 alleged 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 innocent or unin- 

 tentional, 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, be- 

 cause 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 and $10 and up- 

 ward in any case of cattle or horse trespass is reasonable. 



After having determined the compensation due to the Government in set- 

 tlement of the trespass, a proposition of settlement, Form 208, should be pre- 

 sented 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 con- 

 taining 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, submitted with the understanding that if accepted 

 criminal proceedings for the trespass will be waived, will be rejected. (Use 

 Book, p. 118). 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 this head in cases where immediate 

 arrest is necessary. Under ordinary circumstances settlement should be 

 required as provided in civil cases and criminal action recommended only in 

 cases in which settlement is impossible. 



In cases where immediate action is necessary in order to protect the forest 

 from damage, or in any clear case where the trespasser is liable to escape if 

 not arrested at once (Use Book, p. 121), the ranger will place the trespasser 

 under arrest if he is detected in the act of committing a trespass; will notify 

 the supervisor at once, advising him of the need for immediate action, the 

 evidence against the trespasser, and the commissioner before whom the hear- 

 ing will be held. He will also secure evidence upon all of the points mentioned 

 under the head of civil cases. He will immediately take the prisoner before 

 the proper United States commissioner, swear to a complaint, represent the 

 Forest Service at the hearing, and hold the prisoner for disposition according 

 to the instructions of the commissioner. After the case has been acted upon 

 by the commissioner, the ranger will submit full reports upon the proper forms, 

 as in a civil case, to the supervisor, including a statement regarding the 

 urgency of the need for the arrest and the decision and rulings of the 

 commissioner. 



The supervisor, upon receipt of the ranger's preliminary report, should en- 

 deavor to attend the hearing before the commissioner as a representative of 

 the Forest Service, or, failing in that, should give the ranger full instructions 

 relative to the management of the case, approving or disapproving the ranger's 

 action in making the arrest, as necessary. As soon as the case before the 

 commissioner has been decided and the ranger has submitted full reports upon 

 the proper forms the supervisor should consider them, approve them, record 

 them in the proper manner, and forward all papers in the case to the Forester 

 for action, adding such recommendations as are necessary, and stating in full 

 all rulings and decisions made by the commissioner, after which he should 

 await instructions from the law officer before proceeding further. 



GlFFORD PlNCHOT, Forester. 



Grazing Permits for Five- Year Periods 



The supervisors of the Sierra (N), Santa Barbara, Cascade (N), San Fran- 

 cisco Mountains, Battlement Mesa, Big Horn and Yellowstone (Teton) Na- 

 tional Forests have been informed that, beginning with the season of 1908, 



