TRESPASSES DECISIONS. Ill 



Government, or any irregularity or misconduct of any officer or agent 

 of the United States, shall have authority to administer an oath to 

 any witness attending to testify or depose in the course of such inves- 

 tigation. 



DECISIONS. 



General decisions, timber trespass. 



Decision of November 20, 1913, by Judge Einer, of District Court 

 of Wyoming, on motion to dismiss certain counts in an indictment 

 against William Gibson for cutting of timber on Targhee Xational 

 Forest in violation of regulations of Secretary of Agriculture: The 

 penal provision in the act of June 1. 1897 (30 Stat., 11), which refers 

 to the act of June 1. 1888 (25 Stat., 166), for the penalty, is not af- 

 fected by the repeal of the latter act; nor does the act, (Mar. 4, 1909 ; 

 36 Stat., 1088) , revising the penal laws of the United States impliedly 

 repeal the penal portion of the act of June 4, 1897 (30 Stat., 11). 



By a modification of the earlier doctrine of equity, injunction will 

 now lie to prevent irremediable mischief to the substance of the estate 

 as by the mining of ores or the cutting of trees by one in possession of 

 lands while the title is in litigation. (Erhardt v. Boaro, 113 U. S., 

 537.) 



Where one has unlawfully cut timber from lands of the United 

 States it is no defense that he acted in accordance with a general cus- 

 tom in the locality, known to the general land office, of entering lands 

 and cutting the timber before patent issued. (Teller v. United States 

 (C. C. A.), 113 Fed., 273.) 



An instruction to the jury that if defendant entered upon public 

 land knowing it to be such, without having complied with the provi- 

 sions of law giving him a right to do so, and cut timber therefrom, 

 they would be authorized to find the requisite criminal intent, fairly 

 states the law, and is as favorable as the defendant is entitled to. 

 (Teller v. United States (C. C. A.), 113 Fed., 273.) 



Timber trespass upon mineral lands. 



The act June 3, 1878 (20 Stat., 88) , seems to apply only in the States 

 and Territories specifically mentioned therein. (United States v. 

 Smith, 11 Fed.. 487; United States v. Benjamin, 21 Fed., 285; United 

 States v. English. 107 Fed., 867.) 



The right to cut timber under this act extends only to lands valuable 

 for minerals and not to lands adjacent thereto, or lying in a recog- 

 nized mineral region, but net themselves valuable for their minerals. 

 (United States v. Plowman, 216 U. S., 327.) 



The cutting of timber from mineral lands for roasting of ores is 

 authorized by the act of 1878, whether this process be considered a 

 part of the mining or as smelting. In either event the use is for 

 " domestic purposes." (United States v. United Verde Copper Co., 

 196 U. S., 207.) 



One who cuts timber from public mineral lands and sells the same, 

 or the lumber manufactured therefrom, without taking from the pur- 

 chaser a written statement of the purposes for which the same is in- 

 tended to be used, as required by the regulations of the Secretary of 

 the Interior, is guilt v of a violation of the statute. (United States v. 

 Eedes. 69 Fed., 965.) 



