16 



Snag's on Cut-over Stands 



The presence of old snags on cut-over stands is often a serious menace to the For- 

 est, constituting the worst enemy the Forest officer has to contend with in burning 

 brush or in fighting forest fires. Whenever the presence of snags is considered a 

 menace to reproduction or gives the Forest an unsightly appearance, supervisors may 

 stipulate that they be cut on any timber sale which they may recommend. The 

 applicant should definitely understand that these snags are to be cut, whether they 

 contain merchantable timber or not, if such an agreement is made. In many pro- 

 spective sales it is possible that a slight reduction in the stumpage price should be 

 considered, in order to effect the cutting of these snags where they are numerous. 



Seizure or Recaption 



The right of seizure, or, more correctly speaking, of recaption, is the right of a 

 person to retake his property in a peaceable manner wherever he finds it. Since the 

 United States has the same common-law rights and remedies as a private individual, 

 it follows that the Government and its agents have the same right of recaption as an 

 individual. Forest officers may, without special instructions, seize timber and other 

 National Forest property wherever found, even though found upon patented land, 

 whenever it can be done peaceably and- is necessary to prevent its being sold or 

 destroyed. It should be seized in all cases while still upon Government land. When 

 a civil suit has been instituted and a case is in the hands of the Department of Jus- 

 tice, Forest officers should make seizures only under instructions of the Forester, 

 except in cases in which an immediate seizure is necessary to prevent the Govern- 

 ment from loss. In general, no seizure should be made w^hile civil suit is pending, 

 since the United States, having the choice of recaption or suit in the courts of law, 

 has chosen the latter. 



Timber may be seized, although manufactured into lumber and in the hands of an 

 innocent trespasser and upon patented land. 



Buildings and other improvements upon Government or patented land, erected 

 from timber cut in trespass from Government land, should not be seized, unless by 

 instruction of the Forester, since, in a permanent improvement of this nature, there 

 is no need of immediate action until the full facts have been investigated. 



Timber and other property which does not belong to the Government should not 

 be seized (1) whether upon patented or (2) Government land. The only exception 

 to this rule is where a trespasser wrongfully mingles timber and other property of 

 the Government with that of his own, in which case either the whole mass may be 

 seized, and held until the amount taken from Government land is ascertained, or if 

 the amount taken from Government land is known, the Forest officer may seize an 

 equal amount of the commingled mass. 



OFFICE OF SILVICS. 



Annual Silvical Reports 



Several requests have recently been received from supervisors for copies of the 

 1906 silvical report of the technical assistant. While such reports will gladly be 

 supplied when missing from the local files, the work of copying involves considerable 

 loss of time in the office. Supervisors are therefore requested to have a number of 

 carbon copies made of the report for 1908, and to retain at least one of these on file 

 at the National Forest headquarters for future reference. 



