90 



3. Referring to a case in district 3, where an individual deposited funds in set- 

 tlement for certain forest products cut in trespass on national forests and through 

 error his attorney also deposited a like sum for the same purpose and both amounts 

 were covered into the Treasury, it was held that the second deposit was "erro- 

 neously collected" and rightfully belonged to claimant, and that the Secretary 

 of Agriculture is authorized to make the refund under the provision in the act 

 relative to moneys "erroneously collected for the use of lands." 



4. Referring to two cases in district 3, where deposits were made in compliance 

 with departmental regulations relative thereto, to cover the cost of advertising 

 timber sales, and in one of them the depositor died after advertising but before 

 submitting bids for the timber, and in the other the depositor became fmancially 

 unable to consummate the sale, it was held that the act authorized the refund 

 of so much of the amounts deposited as is in excess of the amount of expense 

 incurred by the United States by reason of the depositor's application to purchase. 



Law Cases in District 1 



The Federal grand jury at Moscow, Idaho, November term, returned indictmentiS 

 against John E. Cleary, Wm. D. Nelson, and Arthur J. Kulp upon charges of perjury 

 in violation of the provisions of the Penal Code of 1909, and the act of March 3, 1857 

 (11 Stat., 250). Cleary, Nelson, and Kulp filed affidavits in initiating their home- 

 stead entries upon lands now included within the Coeur d'Alene National Forest, in 

 which affidavits they alleged, substantially, that they had settled upon these claims 

 at a date prior to the withdrawal of lands as a National Forest and had continuously 

 resided and made their homes upon their respective claims. The indictment charges 

 that these allegations are false, inasmuch as the said defendants did not settle upon 

 their respective claims at the dates alleged and did not maintain their residence 

 thereon subsequently thereto, they having at all times during the said periods main- 

 tained their residence in the city of Spokane, Wash. 



UNITED STATES v. O'HARE (CRIMINAL). The Federal grand jury at Moscow, Idaho, 

 November term, returned an indictment against one Frank O'Hare for failing to 

 obey a subpoena issued and duly served for his appearance at a homestead hearing. 

 O'Hare entered a plea of guilty at the Coeur d'Alene term of court and was fined $25. 



These cases were presented to the grand jury under direction of the Commissioner 

 of the General Land Office, the evidence having been procured and assistance ren- 

 dered by the Forest Service. 



UNITED STATES v. GREAT NORTHERN RAILROAD COMPANY, MAY 17, 1911. Judg- 

 ment for $480.75 and costs amounting to $12.40 was rendered by the Federal court at 

 Helena, Mont., in a suit brought by the United States against the Great Northern 

 Railroad Co., after the attorneys for the company had signified its willingness to 

 confess judgment in such sum. The suit was based upon the negligence (starting of 

 fires) by the defendant company on their right of way, which fires subsequently 

 spread to the Blackfeet National Forest. This case is of more than passing interest, 

 although it did not go to trial, in view of the fact that one of the items of damages 

 was the destruction of a great number of immature trees, the value of which was 

 cst imatiMl on the basis of their value at maturity discounted to date. 



Law Cases in District 2 



The claim of the United States against the Chicago, Burlington & Quincy Rail- 

 road for fire trespasses in the Black Hills National Forest, S. Dak., during the season 

 of 1910, caused by sparks from the locomotives operated by that company, in which 



