SERVICE NOTES FOR MARCH. 



These notes contain instructions and necessary information for 

 Forest officers, and will, therefore, be carefully read and kept on file 

 for reference, 



OFFICE OF THE FORESTER. 



LAW. 



Sale of Diseased Timber on Mining- Claims 



The right of the Forest Service to sell diseased timber on an unperfected 

 valid mining claim when the removal of such timber is necessary to protect 

 other National Forest timber from the spread of the disease, as well as its right 

 to protect timber purchasers from annoyance by suits in State courts, are in- 

 volved in the case of Lewis v. Garlock and Ainslie. Lewis is a mining claimant 

 in the Black Hills National Forest. Garlock and Ainslie are purchasers of in- 

 sect-infested timber upon an area including Lewis's claim. The terms of the 

 sale required that the value of the timber be paid to the claimant, but Lewis 

 refused to allow the cutting of the timber on any terms and brought suit against 

 the purchasers in a State court. The United States attorney intervened in be- 

 half of the United States, and on his petition the United States court ordered 

 the removal of the suit to its docket for trial at Deadwood in May. This was 

 in conformity with the procedure indicated by the Supreme Court in the case of 

 Stanley v. Schwalbey (147 U. S., 508, at 513). 



State Fence Laws Do Not Apply to National Forests 



The decision of Judge Hunt in the grazing trespass case of United States v. 



Shannon (Use Book, pp. 210-220) was, on February 3, affirmed by the United 



States circuit court of appeals for the ninth circuit, sitting at San Francisco. 



)The decision states without qualification that the grazing regulations are rea- 



-' sonable and valid and that the State fence laws do not apply to the National 



Forests, and that, therefore, the drifting of stock upon the Forests in violation 



of the regulations is trespass, notwithstanding the State law. 



Mark Kellerup was recently fined $20 and costs in a justice's court for mali- 

 ciously injuring the Government telephone line upon the Holy Cross National 

 Forest. 



BRANCH OF SILVICULTURE. 



OFFICE OF FOREST MANAGEMENT. 



Advertised Class B Sales 



The note on page 15 of the November Field Program evidently does not make 

 it clear that as soon as each paper in an advertised Class B sale is prepared, 

 with the exception of the bond, a copy should be sent to the Forester. This is 

 necessary in order that the Forester may have an opportunity, before the final 

 contract is executed, to suggest any modifications which may seem advisable. 



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