FOREST RESERVE MANUAL. 25 



build such structures he can cut only so much timber as is 

 actuallj- necessary to work the claim or develop it. If for 

 purposes of digging away the ground, or similar necessary 

 work, it is required to clear part of the claim of timber, 

 such timber may be taken from the claim and used elsewhere 

 or even sold. But where a forest officer finds that timber is 

 being removed without such legitimate use and without such 

 necessity to the carrying on of the work of the claim, and 

 especially where he finds that timber removed in this illegal 

 way is being sold, it becomes his duty to interfere, report the 

 matter as trespass, and give notice to stop the work. 



(c) Trespass is committed if the settler on an agricultural 

 claim cuts more timber than must be cut in the actual clear- 

 ing of the land for cultivation. But the settler has a right to 

 sell logs which he cuts in actual clearing for cultivation. 

 Forest officers will take care in dealing with such cases not 

 to overstep their power and cause unnecessary hardship. 



(d) Trespass is committed by violating the principal rules 

 in cases of "Free use of timber" and "Sale of timber." 



Timber trespass is punished according as it is committed 

 willfully or by mistake. 



The following is the decision of the United States Supreme 

 Court: 



1. Where the trespasser is a knowing and willful one, the 

 full value of the property at the time and place of demand, 

 with no deduction for labor and expense of the defendant, is 

 the proper rule of damages. 



2. Where the trespasser is an unintentional or mistaken 

 one, or an innocent purchaser from such a trespasser, the 

 value of the timber at the time when first taken by the tres- 

 passer, or if it has been converted into other material, its then 

 value, less what the labor and expense of the trespasser and 

 his vendee have added to its value, is the proper rule of 



damages. 



3. Where a person or corporation is a purchaser without 

 notice of wrong from a willful trespasser, the value at the 

 time of purchase should be the measure of damages. 



Generally, then, the willful trespasser pays what the mate- 

 rial is worth at the lumber yard, mine, etc., where it is found, 

 while the unintentional trespasser pays simply the stumpage 

 price. 



