28 



On May 1 the circuit court of the United States sustained the injunction issued by 

 Judge Lewis, district judge for the district of Colorado, restraining Fred Light from 

 grazing stock on the Holy Cross National Forest without a permit. 



The grazing trespass against Daniel Flynn for grazing 400 head of cattle in excess 

 of his permit on the Sopris. National Forest, which was referred to the Department of 

 Justice in October, 1910, was settled without suit by the payment by Mr. Flynn of 

 $87, the amount of the grazing fees for the number of cattle grazed in excess of his 

 permit. 



Timber Trespass, Civil 



The case of the United States v. John C. Teller and the Union Pacific Railroad Co., 

 involving timber cut from the Medicine Bow National Forest, for which suit was 

 instituted to recover the sum of $316,000, was settled on a compromise basis by the 

 defendants paying the sum of $27,440. 



The case of the United States v. Safe Investment Gold Mining Co., involving a 

 timber trespass on the Black Hills (N.) National Forest, in which suit was instituted 

 to recover $3,000, was compromised by the defendants paying to the United States 

 the sum of $1,500. 



On January 19, 1911, the Department of Justice was requested to institute suit 

 against the Carbon Timber Co., of Hanna, Wyo. , to recover the sum of $287,397.91 for a 

 trespass committed^ on the Medicine Bow National Forest. The case is now pend- 

 ing in the office of the United States attorney at Cheyenne, Wyo., on an offer of 

 Compromise. 



Timber Trespass, Replevin, Injunction- 

 Suit was instituted in the United States circuit court on June 27 to replevy approxi- 

 mately 300,000 feet of timber and approximately 3,000 ties which had been cut by 

 R. T. Walker from certain lands within the Black Hills (S) National Forest. The 

 land from which this timber was cut had been originally entered by John E. Barnes, 

 and by two separate conveyances reconveyed to the United States under the act of 

 June 4, 1897, allowing lieu selections. One of the above reconveyances pertained only 

 to lot 1 of the entry, and for this lot lieu lands were patented to the entryman. The 

 reconveyance covering the remainder of the entry has not yet been approved nor lieu 

 lands patented therefor. After the above-mentioned reconveyances, and before the 

 approval of the reconveyance of lot 1, patent was issued to John E. Barnes for the 

 entire entry in May of 1903. In 1910 Barnes sold the land embraced in the patent to 

 L. N. Kelly, who in turn sold to R. T. Walker. The timber repleviedwas cut from 

 all the lands covered by the original entry. Suit was also instituted to enjoin Walker 

 from any further cutting on this quarter section, or removing any of the timber cut, 

 or from operating a sawmill thereon, or from entering upon the land for any purpose. 



Injunction to Prevent Trespass on Unclassified Land within Primary Limits of Ra il - 



road Grant 



In the case of United States v. Milwaukee Lumber Co., pending in the United States 

 Circuit Court for the Northern District of Idaho, a bill was filed asking that the 

 defendant company be enjoined from further cutting or removing timber from unclassi- 



