SPECIAL LEGISLATION. 15 



gable portions. (United States v. Rio Grande Irrigation Co., 174 

 U. S., 690.) 



The waters of mineral, medicinal, and saline springs on the public 

 domain are under the sole control of the United States, as a land- 

 owner, and are not subject to appropriation under State laws or to 

 the riparian right to continued flow. (2 Sol. Op., 951.) 



Fish and game within forests. 



While it is no doubt within the power of Congress to prevent intru- 

 sion upon the National Forests for the purposes of taking fish and 

 game, yet in view of the long-established policy by which the public 

 domain has been opened for these purposes it can not be held that 

 the general powers conferred upon the Secretary of Agriculture by 

 the forest administrative act of June 4, 1897, or any other legislation 

 empowers him to prohibit or to make regulations in relation to the 

 taking of fish and game on the National Forests. (23 Op. Atty. Gen., 

 589; 1 Sol. Op., 78 and 174.) 



The fish and game laws of the States and Territories are applicable 

 to National Forest lands and to persons other than Indians on Indian 

 reservations, but not to Indians upon their reservations. (1 Sol. Op., 

 201; Ex parte Crosby, 149 Pac, 989.) 



Forest officers may be authorized by the Secretary of Agriculture 

 to exterminate predatory animals on National Forest lands when 

 necessary to conserve the purposes for which the National Forests 

 were created, and the States have no power to deprive the Secretary 

 of this authority. But a forest official, by virtue of his employment 

 in the Forest Service, does not have any rights whatsoever to engage 

 in trapping or hunting in violation of the State game laws where 

 carried on for his own amusement or profit. (Sol. Op., Feb. 12, 

 1915.) 



LEGISLATION AFFECTING CERTAIN NATIONAL FORESTS. 



Act of October 1, 1890 (26 Stat., 650), setting aside certain lands 

 in California as forest reservations. 



Act of February 7, 1905 (33 Stat., 702), to exclude from Yosemite 

 National Park certain lands and attach the same to the Sierra Forest 

 Reserve. 



Joint resolution of June 11, 1906 (34 Stat., 831), accepting reces- 

 sion of Yosemite Valley, etc., and changing boundaries of the Na- 

 tional Park. 



Act of April 28, 1904 (33 Stat., 526), replaced by section 55 of the 

 Penal Code. (See Trespass, p. 109, post.) 



Act of May 23, 1908 (35Stat., 268), establishing the Minnesota 

 National Forest and containing various special provisions in relation 

 to sales of timber, the preservation of seed trees, the preservation and 

 adjustment of the rights of Indians, etc. See also act of June 27, 

 1902 (32 Stat., 400). 



Act of June 25, 1910 (36 Stat., 855), relating to Indian lands, pro- 

 viso near bottom of page 862. 



The Indian appropriation act of March 3, 1905 (33 Stat., 1048 at 

 p. 1070), authorizes the President to add parts of the Uinta Indian 

 Reservation to the Uinta National Forest. 



