110 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



situated on lands owned or controlled by the Government of the 

 United States, without the permission of the Secretary of the Depart- 

 ment of the Government having jurisdiction over the lands on which 

 said antiquities are situated, shall, upon conviction, be fined in a sum 

 of not more than five hundred dollars or be imprisoned for a period 

 of not more than ninety days, or shall suffer both fine and imprison- 

 ment, in the discretion of the court. 



The remainder of the foregoing act, authorizing the establishment of national 

 monuments, is printed ante, page 23. 



DECISIONS. 



A homestead entryman does not have the right to remove sand and 

 gravel from the land embraced in his unperfected entry for the 

 purpose of sale. (Litch v. Scott, 40 L. D., 467.) 



Persons obstructing either ingress or egress to a National Forest 

 over trails constructed by the department, even over lands lying out- 

 side the Xational Forests, may be proceeded against in trespass and 

 bv proceedings for the removal of their fences and other obstructions. 

 (1 Sol. Op., 482.) 



The willfull and malicious cutting of Forest Service telephone 

 lines is punishable under section 60 of the Criminal Code of March 

 4, 1909. (1 Sol. Op., 283.) ^ 



Forest officers are authorized under the act of February 6, 1905, to 

 make arrests for depredations on national monuments within Xa- 

 tional Forests. (2 Sol. Op., 670.) 



Persons injuring or defacing the Oregon Caves, which have been 

 reserved as a national monument, may be prosecuted under the crim- 

 inal provisions of the national monument act. (2 Sol. Op., 670.) 



An affidavit of settlement, made by an applicant to enter agricul- 

 tural lands within a forest reserve, under the act of June 11, 1906, as 

 required by the Commissioner of the General Land Office, was one 

 taken in a case in which a law of the United States authorizes an 

 oath to be administered, as provided by section 5392, Eevised Stat- 

 utes, and was therefore a proper subject for prosecution for perjury. 

 (United States v. Nelson, 199 Fed., 464.) 



AUTHORITY OF FOREST OFFICERS. 



Power to arrest. 



Act of February 6, 1905 (33 Stat, TOO). 



All persons employed in the forest reserve and national park serv- 

 ice of the United States shall have authority to make arrests for the 

 violation of the laws and regulations relating to the forest reserves 

 and national parks, and any person so arrested shall be taken before 

 the nearest United States commissioner, within whose jurisdiction the 

 reservation or national park is located, for trial ; and upon sworn in- 

 formation by any competent person any United States commissioner 

 in the proper jurisdiction shall issue process for the arrest of any 

 person charged with the violation of said laws and regulations : but 

 nothing herein contained shall be construed as preventing the arrest 

 by any officer of the United States, without process, of any person 

 taken in the act of violating said laws and regulations. 



Administering oaths. 



Sec. 183, R. S. Any officer or clerk of any of the Departments law- 

 fully detailed to investigate frauds or attempts to defraud on the 



