8 DEPARTMENTAL REPORTS. 



LAW. 



During the year highly satisfactory progress was made in the legal 

 work of the Forest Service. Actions for trespass were better handled 

 than before; settlements for trespass were secured in large amounts 

 and upon conditions just both to the Government and the trespasser, 

 and cooperation between the Forest Service and the United States 

 district attorneys was made effective. Trespassers who refused to 

 make adequate settlement were refused privileges upon the reserves. 

 The general result was to reduce the number of court prosecutions 

 and to collect damages of $39,224.96 for the year. 



In a few aggravated cases suits were brought and resulted in settle- 

 ments for damage, ejectment from the forest reserve, restraining 

 injunctions, fines, and imprisonment. A supervisor in southern Cali- 

 fornia was convicted for continued falsification of his accounts prior 

 to the transfer of the forest reserves to the Department of Agricul- 

 ture, and was sentenced to three years' imprisonment, Avith a fine of 

 $7,00(). Immediately upon the creation of the Hell Gate Forest Ee- 

 serve a timber trespass was discovered and stopt, and tho the damages 

 were settled for nearly $20,000, it is worthy of note that this tres- 

 passer has since purchased $200,000 worth of timber from the same 

 reserve. 



Thru the Section of Law the Forest Ser\'ice asserted the right to 

 charge for use of forest resei've resources, contrary to the position 

 previously held in the Interior Department. The Attorney-General 

 upheld this right, which is the basis for all forest -reser\'e receipts 

 except those from timber, amounting to $522,306.47 during the fiscal 

 year of 1906. This decision was and is of extreme importance. 



The transfer of the forest reserves made it necessary to determine 

 the respective jurisdictions of the Departments of the Interior and 

 of Agriculture. After long and careful consideration it was agreed 

 that the administration of all laws affecting the title to forest-reserve 

 land remained with the Department of the Interior, and that of 

 other laws, which govern the administration, protection, and use of 

 the forest reserves, fall to the Secretary of Agriculture. The co- 

 operation made necessary by this division of jurisdiction was con- 

 ducted thru the Section of Law. A thoro study was therefore 

 required of all the public-land I&wh and previous administrative regu- 

 lations, and particularly of right-of-way and land claims of all kinds. 



The President expressly asked both the Secretaries of Agriculture 

 and the Interior to cooperate fully in the administration of laws 

 affecting forest reserves. Accordingly certain modifications of policy 

 and practise were secured to protect Government rights and inter- 

 ests and to give effect to the intent of Congress in its later land legis- 

 lation. The following necessary and important changes followed: 



(1) The acceptance of the Forester's finding of facts concerning 

 land claims within forest reserves. (2) Definite notice to be given 

 by the General Land Office to the Forest Service of a claimant's 

 intention to make final proof. (3) Refusal by the General Land 

 Office to issue final certificate or allow final entry for any land claim 

 within a forest reserve, against which a forest officer has protested, 

 until full hearing before the local land officers. (4) The require- 

 ment of such stipulation and bond as the Forester may demand to 

 protect foi'est-reserve interests before the approval of rights of way 



