89 



decision of Judge Marshall, of the District Court of the State of Utah, 

 and remanded this case. The gist of such decision is as follows : 



The result is that whatever rights to burden the public lands 

 may have been recognized or confirmed by section 2339 of the Re- 

 vised Statutes, those involving generation, manufacture, and dis- 

 tribution of electric power have been withdrawn, modified, and 

 restricted by the subsequent act of May 14, 1896. 



While the court held that section 2339 of the Revised Statutes was 

 sufficiently broad to include as manufacturing the production of elec- 

 tric power, they sustained absolutely the contention of the Government 

 that by the act of May 14, 1896, Congress intended and did assume 

 complete control of the acquisition in any manner of all rights of way 

 upon public lands needed for power purposes. 



United States v. William R. Gibson : Timber trespass, Targhee Na- 

 tional Forest. Defendant, who had been indicted at the May term of 

 the district court at Cheyenne, Wyo., was tried on November 20, 1913. 

 The jury returned a verdict of not guilty. The defendant, however, 

 had been in jail since about July 15. In entertaining the motion to 

 dismiss certain counts in the indictment the court held as follows: (1) 

 That the penal provision in the act of June 4, 1897 (30 Stat, 11), is 

 not affected by the express repeal of the original section providing the 

 penalty which is contained in the act of June 4, 1888. The latter act 

 is expressly repealed by the act of March 4, 1909. (2) That the penal 

 code or the act of March 4, 1909, making a complete revision of the 

 penal laws of the United States does not impliedly repeal the penal 

 portion of the act of June 4, 1897. 



United States v. J. J. Blanchard : Grazing trespass, Pocatello Na- 

 tional Forest. Judgment rendered by the' October term of the District 

 Court for the Eastern Division of the District of Idaho in the amount 

 of $17.87 actual damages, $50 punitive damages and the costs. 



United States v. L. S. Smart : Grazing trespass, Wasatch National 

 Forest. Defendant was indicted at the November term of the District 

 Court for the State of Utah ; charged with grazing of sheep without 

 permit on lands within the Wasatch National Forest; later entered 

 a plea of guilty and was fined $100, which amount he paid. 



United States v. R. W. Brown : Grazing trespass, Minidoka Na- 

 tional Forest. Defendant made settlement by payment of $8.75 actual 

 damages and costs. 



United States v. James G. Olsen et al. : Grazing trespass, Manti 

 National Forest. Defendants made settlement by payment of $36 

 actual damages, $25 punitive damages, and $43.10 costs. 



United States v. Albert Smith : Grazing trespass, Uinta National 

 Forest. Defendant made settlement by payment of $174.59 actual 

 damages and costs of suit. 



United States v. J. E. Heywood : Grazing trespass, Sevier National 

 Forest. Defendant settled by payment of $533.40 actual damages, and 

 costs not as yet ascertained. 



