17 



BRANCH OF GRAZING. 



Affidavits in Cases of Grazing Trespass 



The attention of all Forest Officers is called to the necessity of using great care in 

 the preparation of affidavits that are intended to be used in the prosecution of per- 

 sons who have violated any of the rules and regulations for the protection and care 

 of the National Forests. 



Affidavits are declarations in writing and should contain only a definite statement 

 of the facts as witnessed by the person swearing to the affidavit. Affidavits based 

 on hearsay are valueless. 



An affidavit is not admissible in court as direct evidence, but can be used in rebuttal. 

 It can be readily seen that to be of any value at all an affidavit must be clear cut, 

 positive, and to the point, and should not contain anything based on second-hand 

 information, or that has an indirect bearing on the case. The affidavit should be 

 complete in itself and should be so worded that it will not be necessary, in order to 

 make the meaning clear, to add or take away anything. 



For example: " I saw 10 head of cattle belonging to John Jones on the Manzano 

 National Forest on or about January 10." This statement is insufficient because it 

 does not state the reasons for knowing the cattle were the property of John Jones, 

 or that the person making the statement knew positively that the cattle were on the 

 Manzano National Forest; neither does it state anything positive regarding the date. 

 The same statement correctly worded would read: " I saw 10 head of cattle branded 

 X-X on the left side, within the Manzano National Forest on Cougar Creek and 

 approximately 4 miles from the west boundary line of said Forest on January 10. 

 The X-X brand is the property of John Jones." If the person making the affidavit 

 is conversant with the facts in the case, the additional statement may be added that 

 the cattle were trespassing on the Forest. 



The above example should be followed in making out affidavits, the wording 

 being changed to suit the conditions in the case. 



The correct affidavit in full would read: 



ALBUQUERQUE, NEW MEXICO, 



February 18, 1908. 

 COUNTY OF BERNALILLO; Territory of New Mexico, ss: 



Fred Black, being duly sworn, deposes and says: I saw ten head of cattle 

 branded X-X on the left side, within the Manzano National Forest on Cougar 

 Creek and approximately 4 miles from the west boundary line of said forest, 

 on January 10, 1908. The X-X brand is the property of John Jones. 



(Signed) FRED BLACK. 



Sworn to and subscribed before me, //. H. Harris, a forest supervisor in the 

 Forest Service, U. S. Department of Agriculture, this eighteenth day of Feb- 

 ruary, 1908. 



(Signed) H. H. HARRIS. 



Grazing- and Mining Claims 



Persons who are in legal possession of unperfected valid mining claims have the 

 right to use such portion of the grass and other forage as is needed for grazing live 

 stock used in the development of the claims, but they have no right to dispose of the 

 grass or forage to any other person, or to collect any rental for the use of such claims 

 for grazing purposes. 



The Forest Service holds that unperfected valid mining claims are open to stock 

 grazed, under permit, upon National Forests so long as the stock does not interfere 

 with the proper and legal development of the claim. Persons holding unperfected 



