NATIONAL FOREST MANUAL - LAWS. 63 



and forest reservations which may have been set aside or which may 



be hereafter set aside under the said act of March third, eighteen hun- 



dred and ninety-one, and which maybe continued; and he may make Rules and regu- 



such rules and regulations and establish such service as will insure the 



objects of such reservations, namely, to regulate their occupancy and 



use and to preserve the forests thereon from destruction; and any J^MzF* 166 



violation of the provisions of this act or such rules and regulations p, g ^'. 53^ 



shall be punished as is provided for in the act of June fourth, eighteen p. 1644'.' 



hundred and eighty-eight, amending section fifty-three hundred and 



eighty-eight of the Revised Statutes of the United States. 



DECISIONS APPLICABLE TO GRAZING. 



The Secretary of Agriculture has the authority to make a charge for 

 the use of lands in a National Forest for grazing (United States v. 

 Grimaud et al., 220 U. S., 506, 522). 



The usual grazing permit constitutes merely a license revocable 

 at the discretion of the Secretary of Agriculture. (2 Sol. Op., 895.) 



A person who has secured a waiver of grazing privileges in his favor 

 cannot rely on the prior issuance of a permit to the person from whom 

 he purchased as creating an estoppel against the Government to cancel 

 the permit, there being no mutuality between the Government and 

 such transferee. (Same.) 



The Forest Service may collect the usual kidding or lambing charge 

 for kidding or lambing on an unperfected mining claim within a 

 National Forest where the claimant waives his right to exclusive pos- 

 session under the mining laws. (2 Sol. Op., 865.) 



For decisions relating to grazing trespasses, see " Trespass, grazing, " post, p. 72. 



TRESPASSES. 



TIMBER TRESPASSES. 



CRIMINAL CODE OF MARCH 4, 1909 (36 STAT., 1088, 1098^. 



SEC. 49. Whoever shall cut, or cause or procure to be cut, or shall Cutting and re- 

 wantonly destroy, or cause to be wantonly destroyed, any timber {^m p u bii c linds^ 

 growing on the public lards of the United States; or whoever shall re- 

 move, or cause to be removed, any timber from said public lands, with 

 intent to export or to dispose of the same; or whoever, being the 

 owner, master, or consignee of any vessel, or the owner, director, or 

 agent of any railroad, shall knowingly transport any timber so cut or 

 removed from said lands, or lumber manufactured therefrom, shall 

 be fined not more than one thousand doflars, or imprisoned not more 

 than one year, or both. Nothing in this section shall prevent any Rights of claim- 

 miner or agriculturist from clearing his land in the ordinary working UI 

 of his mining claim, or in the preparation of his farm for tillage, or from 

 taking the timber necessary to support his improvements, or the taking 

 of timber for the use of the United States. And nothing in this section 

 shall interfere with or take away any right or privilege under any 

 existing law of the United States to cut or remove timber from any 

 public lands. 



SEC. 50. Whoever shall unlawfully cut, or aid in unlawfully cutting, Cutting timber 



or shall wantonly injure or destroy, or procure to be wantonly in'ured 

 or destroyed, ary tree, growing, standing, or being upon any land 

 of the United States whicn, in pursuance of law, has been reserved or 

 purchased by the United States for any public use, or upon any Indian 

 reservation, or lands belonging to or occupied by any tribe of Indians 

 under the authority of the United States, or any Indian allotment 

 while the title to the same shall be held in trust by the Government, 

 or while the same shall remain inalienable by the allottee without the 

 consent of the United States, shall be fined not more than five hundred 

 dollars, or imprisoned not more than one year, or both. (As amended 

 by act June 25, 1910, 36 Stat., 855, 857.) 



SEC. 51. Whoever shall cut, chip, chop, or box any tree upon any Boxing for tur- 

 lands belonging to the United States, or upon any lands covered by P 6 " 

 or embraced in any unperfected settlement, application, filing, entry, 



