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. 



OFFICE OF THE FORESTER. 



PUBLICATION. 



Field Program to Remain a Quarterly 



The question of a return to a monthly issue of the Field Program was under dis- 

 cussion in December. It was strongly urged from the districts that there is need 

 for such a change. The Forester, however, after giving careful consideration to the 

 matter in all its aspects, decided that such a change is not advisable at the present 



time. 



LAW. 



OFFICE OF THE SOLICITOR. 



Condemnation of Lands for National Forests 



The Attorney General, in a letter dated December 2, 1911, addressed to the Secre- 

 tary of Agriculture, stated as his opinion: 



To carry out the purposes of the Weeks forestry act, wherein you are given 

 authority to procure by purchase certain lands, although no other method than 

 purchase is mentioned, I believe that under the provisions of the act of August 1, 

 1888 (25 Stat. L., 357), you are authorized to procure by condemnation such 

 lands as the commissioner by the aforesaid forestry act recommended for acqui- 

 sition. 



Refunds under Act of March 1, 1907 (34 Stat., 1256, 1270), as amended by Act of March 

 4, 1911 (36 Stat., 1235, 1253) 



In the decision, dated December 27, 1911, addressed to the Secretary of Agriculture, 

 the Comptroller of the Treasury, referring to the above-mentioned act and its amend- 

 ment, stated: 



1. Reading the amendment in connection with the original provisions and 

 bearing in mind the remedial purpose of the provision, I think the language 

 sufficiently expresses an intent that the provisions of the amendment as well 

 as the original act shall apply to all moneys received after July 1, 1907, and cov- 

 ered into the Treasury in accordance with the provisions of the original act. 



2. Referring to a case (Longacre timber sale, district 3) where a contractor 

 made a deposit to secure the purchase price of timber to be cut from National 

 Forests under contract, but through circumstances for which the United States 

 was not responsible failed to cut timber to the value of deposit or to the amount 

 specified in contract, it was held "that the United States being in no wise respon- 

 sible for the failure of the contractor to perform his agreement in accordance with 

 its terms * * * the contract being fully executed by the United States and 

 no extension having been granted, the right to damages, either actual or liqui- 

 dated, became vested in the United States and could not be voluntarily waived 

 or released by any officer or agent of the United States, and therefore refund of 

 the amount of the deposit in excess of the value of timber cut is not authorized 

 by the act." 



(89) 



