rOREST SERVICE. 207 



under which it may be used are defined. Such driveways were 

 established in the San Francisco Mountains and Black Mesa forest 

 reserves of Arizona, the Stanislaus and Sierra forest reserves of Cali- 

 fornia, the Big Horn Forest Reserve of Wyoming, and the Salt Lake 

 and Manti Forest reserves of Utah. 



HEALTH INSPECTION AND DIPPING REGULATIONS. 



The regulation requiring the owners of stock, in districts infected 

 with contagious disease, to submit their stock to inspection by the in- 

 spectors of the Bureau of Animal Industry before entering the re- 

 serves was willingly complied with in almost every case. The 

 inspection service was efficient, and very little delay was caused by 

 the inspection or treatment of the stock. The forest supervisors were 

 instructed to lise every means to facilitate the inspection work, and 

 in some cases additional rangers were employed temporarily to assist 

 in prompt handling. 



PREVENTION OF GRAZING TRESPASS. 



Several district courts sustained the decision of Judge Wellborn 

 (116 Fed. Rep., 654) that a criminal prosecution did not lie to punish 

 a person who took stock into a forest reserve in violation of the rules. 

 The Attorney-General held that the decision of Judge Wellborn was 

 erroneous, and suggested that prosecutions be proceeded with in 

 other districts, so that a case might be taken to an appellate court for 

 determination. This was done in the case of Dent v. United States 

 (76 Pac. Rep., 466), on appeal before the supreme court of Arizona. 

 The supreme court of Arizona, in rendering its final decision, said 

 that the circuit court of appeals for the ninth circuit in the civil case 

 of the United Staes v. Dastervignes ( 122 Fed. Rep., 30) had held that 

 the act of June 4, 1897, did not delegate legislative power to the Secre- 

 tary and was not unconstitutional ; and " that inasmuch as under the 

 act creating the circuit courts of appeal such court exercises appellate 

 jurisdiction over this court in criminal cases such as the one at bar, 

 we feel that a decision of that court, although made in a civil and not 

 a criminal case, expressly holding that the act in question is consti- 

 tutional * * * is binding upon us in this case ; " and ordered 

 judgment in favor of the United States. 



The act of Congress approved February 6, 1905, gives the forest 

 officers the right to arrest persons found violating the laws and the 

 rules and regulations relating to forest reserves. This act will result 

 in better protection to the forest reserves. 



SPECIAL PRIVILEGES. 



The rule of requiring permits for the construction and operation of 

 sawmills within the boundaries of forest reserves was willingly com- 

 plied with by owners, and worked well. The holders of permits gave 

 valuable assistance in cases of fire. 



During the past year 239 applications were received for permission 

 to occupy and use, for various purposes, forest-reserve land under 

 the act of June 4, 1897 (30 Stat. L., 34-36), for which there is no 



