118 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



ing close, it also appearing . that he could relieve himself of such 

 burden by restoring a fence on one side thereof. 



Substantially to the same effect as the foregoing was the earlier 

 decision in Dastervignes v. United States, by the Circuit Court of 

 Appeals for the Xinth Circuit (122 Fed..' 30). The two following 

 paragraphs of the syllabus of that case are of additional interest : 



A bill filed by the United States to enjoin the pasturage of sheep in 

 a forest reservation, in violation of the regulations prescribed by the 

 Secretary of the Interior, alleged that the sheep pastured within the 

 reservation were committing great and irreparable injury to the 

 public lands therein and to the undergrowth, timber, and water 

 supply. Affidavits filed in support of such allegations recited that 

 the sheep of defendants destroyed undergrowth, young and growing 

 trees and seedlings, and ate and destroyed the roots of the vegetation 

 and grasses, leaving the ground bare and subject to disastrous wash- 

 ings by the rains, to the irreparable injury of the reservation, Held. 

 that such allegation and showing constituted a sufficient ground for 

 the granting of a preliminary injunction. 



A bill by the United States against a number of defendants, to 

 enjoin them from pasturing sheep in a forest reservation, is not sub- 

 ject to the objection of misjoinder and multifariousness where it 

 alleges that defendants are pasturing two bands as sheep in the 

 reservation and contains no averments which show or indicate any 

 separate or distinct rights or different interests as between the several 

 defendants. 



An action of trespass is not maintainable as against one grazing 

 unpermitted stock on private land, the exclusive use of which has 

 been waived by the owner, there being no authority in this depart- 

 ment to administer other than Xational Forest land. (1 Sol. Op., 

 544.) 



FISCAL MANAGEMENT AND APPROPRIATIONS. 



Annual estimates. 



Act of May 26, 1910 (36 Stat., 416). 



The Secretary of Agriculture for the fiscal year nineteen hundred 

 and twelve, and annually thereafter, shall transmit to the Secretary 

 of the Treasury for submission to Congress in the Book of Estimates 

 detailed estimates for all executive officers, clerks and employees be- 

 low the grade of clerk, indicating the salary or compensation of each, 

 necessary to be employed by the various bureaus, offices, and divisions 

 of the Department of Agriculture. 



The agricultural appropriation act of March 4, 1911 (36 Stat., 1235, 1264), 

 repeals the provision of the appropriation act of March 4. 1907 (34 Stat., 1256, 

 1270 ) , requiring the submission to Congress of classified reports of the receipts 

 and expenditures of the Forest Service. 



Portion of receipts to States. 



Act of May 23, 1908 (34 Stat., 251). 



That hereafter twenty-five per centum of all money received from 

 each forest reserve during any fiscal year, including the year ending 

 June thirtieth, nineteen hundred and" eight, shall be paid at the end 

 thereof by the Secretary of the Treasury to the State or Territory 

 in which said reserve is "situated, to be expended as the State or Ter- 



