92 



SERVICE NOTES FOR JANUARY 



These notes contain instructions and necessary information for Forest officers, and 

 will therefore be carefully read and kept on file for reference. 



LAW 



As to Authority to Sell Timber from Unsurveyed School Sections 



On December 5, 1910, the United States Circuit Court for the District of Idaho 

 rendered a decision sustaining the demurrer to the defendant's answer in the case of 

 the United States v. the Bonners Ferry Lumber Company, Limited, for the recovery 

 of the value of timber cut under a sale from the State of Idaho from an unsurveyed 

 school section within the boundaries of the Pend Oreille National Forest. Two 

 lines of this section had previously been identified by the survey of the adjoining 

 townships. In this decision the court holds that prior to official survey the State 

 has no authority to sell timber from unsurveyed land which upon survey will 

 probably be included in section 1G or 30. 

 Mining Claim Does Not Permit Operation of Saloon on Location 



On November 10, 1910, in the District Court of the United States for the District 

 of Idaho, the defendants in the cases of United States v. Basil and Charles Rizzinelli, 

 United States v. Frank Hopkins and William Keller, and United States v. Lee Setser 

 and William Lynch, entered pleas of guilty, and the court imposed a fine of $200 in 

 each case. These prosecutions were brought on a charge of the operation of saloons 

 upon the Coeur d' Alene National Forest in violation of the rules and regulations of the 

 Secretary of Agriculture applicable thereto. In the Rizzinelli case, the defendants 

 had previously demurred to the indictment, and this demurrer was thereupon over- 

 ruled by the court on August 24, 1910, in an opinion holding that the location of a 

 mining claim on a National Forest gives the right to the possession of such clajm for 

 the purposes of mining only, and that the conducting thereon of a business wholly 

 unconnected with the development of the claim, and in violation of the regulations 

 of the Secretary of Agriculture, promulgated for the protection of the Forests, was 

 contrary to law. When the cases were called for trial, the defendants entered pleas of 

 guilty, as above noted. 

 Grazing Trespass: Indictments Returned 



In October the Grand Jury at Sioux Falls, S. Dak., returned indictments against 

 William McKean and three herders in his employ Dennis Cremin, Thomas Broderick, 

 and John Matson for grazing sheep in trespass on the Black Hills (North) National 

 Forest. William McKean was released on bond of $1,000, the herders' bonds being 

 placed at $500. 

 Timber Trespass: Criminal 



On November 29, J. H. Neal was arrested for cutting unmarked merchantable 

 timber on the Leadville National Forest not included in a sale to him and was brought 

 before the United States Commissioner at Denver and bound over to the Grand 

 Jury. He was released on $100 bail. 



