21 



The decision further declares, as a matter of law, that 



The Government is a party in interest in every case involving the disposal 

 of the public lands, and when such lands are sought to be acquired under any 

 of the public-land laws it is not only within the power but it is the duty of 

 the Land Department to see that the lands are disposed of according to law, 

 and not in violation or evasion of the law r . 



This case arose from charges preferred by the Grand Canyon Railway Company 

 against Cameron to the effect, among other things, that certain mining and mill-site 

 locations acquired by Cameron were not held in good faith and for the purpose of 

 mining or milling, but were located with a view of controlling a certain trail leading 

 into the Grand Canyon of the Colorado River; that Cameron, on the claims located 

 by him, had erected certain buildings which he devoted to the entertainment of 

 tourists for hire, and that he charged such tourists a fee for the use of the trail. 



Supervisors will specially report to the Forester every case of any use of a mining 

 claim other than its development as a mine, or, if a mill site, any use other than for 

 mining or milling purposes. 



Form Letter for Applicants 



The following form letter has been adopted and will be inclosed with all letters 

 informing applicants, under the act of June 11, 1906, that a portion of their claim 

 has been favorably reported upon and will be listed if they so desire: 



(Date) 



The FORESTER, 



Forest Service, 



Washington, D. C. 



DEAR SIR: In reply to your letter with reference to my application under the act 

 of June 11, 1906, for land 'in the National Forest. 



I desire to exercise my homestead right I do not desire to exercise my home- 



upon that portion of the tract applied for stead right upon the tract which has been 



by me which has been favorably reported recommended for listing, and hereby 



upon, and request that it be listed with withdraw my application, 

 the Secretary of the Interior to be opened Very truly, yours, 



to settlement and entry. Applicant 



Very truly, yours, 



Applicant 



Address, P. O 

 County 

 State . . 



Address, P. O 

 County 



State 



( NOTE. If the applicant does not desire to accept the area recommended, he may, 

 after signing the withdrawal on the right-hand side of this page, submit a new appli- 

 cation for the examination of land elsewhere in the National Forest. ) 



Special Uses 



Free agriculture permits, act of June 11, 1906. It is extremely important that free 

 agricultural special-use permits issued to applicants under the act of June 11, 1906, 

 be confined to so much of the land applied for as, in the opinion of the supervisor, is 

 chiefly valuable for agriculture. The instructions in The Use Book on this point, 

 page 51, are very clear, but in many instances have not been followed by the super- 

 visors. Many applications under the act of June 11, 1906, cover nonagricultural 

 land which obviously should not be listed. Agricultural special-use permits, whether 

 free or for charge, must never cover lands upon which the forest conditions should 

 not be disturbed, since the permittees should of course be freely allowed to clear 

 the land to the extent necessary for cultivation. In a number of cases supervisors 

 have failed to confine the permits to lands chiefly valuable for agriculture, and have 

 then recommended timber trespass proceedings against the permittees, who began 

 clearing for cultivation. Such inconsistent action must of course be avoided. 



