_ "i it — Js mS ae lt ig Magy or ny ad Dal Line ind ~~) 2 Issued February 13, 1913. U. S. DEPARTMENT OF AGRICULTURE, OFFICE OF THE SOLICITOR. GEO. P. McCABE, Solicitor. THE NATIONAL FOREST MANUAL. GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND OPINIONS APPLICABLE TO THE CREATION, ADMINISTRATION, AND PROTECTION OF NATIONAL FORESTS. PREPARED FOR THE USE OF OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE. WASHINGTON: GOVERNMENT PRINTING OFFICE. : 1913. LETTER OF TRANSMITTAL. U.S. DEPARTMENT OF AGRICULTURE, OFFICE OF THE SOLICITOR, Washington, D. C., November 8, 1912. Srr: I have the honor to transmit herewith, and to recommend for publication, a compilation of laws and parts of laws of a general nature affecting the administration and protection of the National Forests, with citations to acts of ae or local application, and references to the more important decisions of the courts, the Interior Department, the Attorney General, the Comptroller of the Treasury, and the Solicitor of the Department of Agriculture. This compilation was requested by the Forester, and under my direction was compiled by Mr. W. W. Dyar, with the aid of other assistants to the Solicitor, all under the supervision of Mr. R. W. Williams, in charge of the - Forest Service section of this office. Respectfully, Gro. P. McCase, Solicitor. Hon. JAMEs WILSON, Secretary of Agriculture. 2 CONTENTS. Page. Establishment of National Forests and general powers of administration (national PiUmMents any same rere) Les oS ew ee 2c mse en ee ogee eee 5 Legislation affecting particular National Forests ...............-..--.---- 9 Puvorar rulevend restiaiione . 252s 2cek ee rk SPE 13 ETE i be BEE go SPER 8 Ue Ae << See aa hia OA ea 14 Team ES = re hs er ee ees eth! eT PO Ae 14 Pama prOperinyss tna ss Ciao e eae. ee re tee ee ete een ee wes 16 Decisions affecting the work of “‘operation”..............--------------- 17 Arrests—Carrying concealed weapons ..........--.------------------ 18 ee anne ey ht Pee yo IME NOOR ee Metin etre Pine SN a: CEB ec mie i 18 Miamiaprcece vin. 55. e 41 ih wor). ee) ih ea tA 18 Instructions of January 19, 1911 (39 L. D., 458), to special agents and Monin mere a ToeeiMere. 6253025 RSL okt ig i ees cae ge 18 Final proof notices, etc.—Copies to forest officers.............--..-..- 19 Filing of township plats—Notices to forest officers. .............-.--- 19 Joint circular of November 25, 1910 (39 L. D., 374), relating to pro- cedure in claims cases affecting the National Forests..............- 20 URE i AE Sl te > LARUE tad it aga ooo og a Rey Se 21 Basic provisions of the homestead l@ws most generally affecting Forest SE oh co ape Reva ie AAD lade 4 el ae a a a 21 caste niaves evised Statutes Lose soko lr Se. 21 Special provisions in favor of soldiers and sailors............--...----- 24 Sice vennommesiemimihwr re OLen en ee eee. LS I 24 Limitation to 320 acres under all land laws, excepting mineral laws. - . 26 Free homesteads on certain Indian lands opened to settlement....... 26 AiiosHomanOMmestead ENUTIES <6 seas stews ee eee cece ete ce 26 Enlarged homesteads in certain States.....-.--...--..-.---2---2-2------- 27 Contests and cancellation of claim—Preference right..............--- 27 Sommnpaannaprasisions: Pe Ui Ee; 27 iiomesicad by) Siarried: WOMEN (500 Saat ee. Re 27 Settlers who become: insane... 2... 2.20 220.22--255.202% sab emai 5 27 : Meawecolabsence na: ere rr nye Rote tern ate dea» | Beep aes ote 27 Pine nigie Het Socket ct Nt tit tn tet ty tosses tens soos = 27 Distinction between offered and unoffered lands abolished. .........- Hi Relinquishments. ......- Tia Ope Ae a aes eee Se es 27 General provisions of the homestead laws extended to certain lands in the Yellowstone (now Shoshone) National Forest, ete..........---- 27 Homesteads in former Siletz Indian Reservation...................-- 27 Homestead laws extended to Alaska, with modifications, ete.......-- 27 Lands in the Black Hills Forest Reservation, settled upon and im- proved before September 19, 1898, may be entered under the home- BiCAUE AVEC LOM SR SSE ee its DERE ett eas tae atte ee ce 27 Decisions under the homestead laws............-------------------- 27 Agricuituralignds im: National Porests: 2.22,- 25250585: 22 1. 2-0 te eee 30 Decisions relating to the listing of agricultural lands for entry—Act Riemeetentama( PP idber saat inLce Seine pete ne ae tan ewe jfen sos 32 (ONE Vet aa otal iatek tcand R pe abee eg Sao RA Savatage ele a oa Basic provisions of the mining laws most generally affecting Forest- SIE LEE SE Be 9 gt SO TEEN ee ei 33 United StatestRevised Statutes sok eb ee a oS Other prowimons'ei the mining laws::2 2222... 22 ee ek 37 Mime wrote eearheteesee: 2 he SU e ee 37 Pecinivne under tueanemne laws stp. Ye Pe 2 ee 37 hamoraleprines-and lands adjacemte-* 22225 OTS PINS oS ere 4] Decisions relating to mineral springs..-..-....- ee SMart eres e FEN 41 Urs EIGER ae BPE an See et ve we reas Foe 42 apie mar cnmintiaiile. 9 fuer seae occ eRe ie 25 nies ee ope ec hee 42 Bated- States Revised Statutes: 20. 2. A022 ITA... ..- 42 Surface patents on good-faith entries of coal lands..........-...-.---- 43 Agricultural entry for surface of lands classified or withdrawn as coal landsseeeot applicable to Alaska: )s: 22.225: se SPP es... 43 Oca)-igtidtawe extended to Alsska-+.2.-.-2- 2242.2. ef eet. 43 Amendments to coal-Jand laws in Alaska................5.--+-------- 43 4 CONTENTS. Lands—Continued. Coal-land laws—Continued. Decisions under the coal-land Taws: oy e> as 5 sees ee cee eee oe Limitation to 320 acres under all land laws excepting mineral laws. ... Decisions under the timber and stone laws..................-...----- Second desert-land Cntries. ¢ vas kanes ae bes oe poly see an beeen Limitation to 320 acres under all land laws, excepting mineral-land laws. grado re of Interior authorized to grant further time for making final PTOQE SS. 3 oisss oven - 2.0 Seis melee MOgurare eens Balsa cil- See mie ee Decisions under the desert-land laws........... vo be Re poe tao ener Railvoad eran’ Jams... snc tesa eh 2 atv Sie ceed eee ee 2 eweiew Right of way laws: vai sescGsctee: 2s © deral Sap seh ei i Sea Be Ses High Waysand railroads. 7 io. asas . 2h sau aeons beets Jee United States, Revised Statutes. 212. angen ease beste sise aye oe Rights of way for water for irrigation and power development......... United, Mates, Revised, StatmMtes ioi4.c aati e avi hhlep iatee o eee Timber sales sn. 222252ie8s.o -pltateced- a, cese ee Se 4 TEP EES CCE E eee Gita ZAM. 2 Pee oe a es Preece FP ae oe nee Shysis Seaotss Seraeeicls es meme ie Decisions applicable to grazing...........-- « - Tees a aaine ae elder Bas eee RTESPASBCH ees 25-5 nin noe sem cals cet nic a aie 2 ors orators aie S-ere oie a eee ee ‘Dimbef trespasses. i... 55-5 <<0o0s2sss0e-te css Sa > See eee eee Criminal code of March 4, 1909 (36 Stat., 1088, 1098).....--....------ Pine trespassesen cnt ven ace ad <9 eee ae vs too see aoe Criminal code of March 4, 1909 (36 Stat., 1088, 1098, and 1099).......- Uniawiul fencing 2, .accé.4> beet ae cesses att oat Sa ee eee see Miscellaneous trespasses and other offenses against the United States...... Criminal code.of,Mareh 4, F909 .00¢ fo. 92h = (oe ee oa Pee Procedute: % o200ch.nitieee =eab eee ost uae ee oe ie See ee eee ee Decisions relating to trespasses.....%..- 2 es. - = 2s =~ = see, ae eee Cutting’ ot timber. oof 2tce = 9. 2 eae! 45a ae Sg a Tin wenerals 2 oo. son ached on on eee Sh et hel pee ee eee Frem public mineralilands. ic ie oo cin tanith 1 alee ae ee From. homestead claims....-- 2: Jape. -..6 2 eee = 2 ee ee From: mining claims... 2622.26 <) ols tae. os ons 5 ee From railroad:lands... +525 si2et cesta ns “atk do See ee From liew selection... = 2-02 s soos oe ss ack |< 5 = eee Damage—Innocent and willful trespasses..........-------------- Fire trespasses: . 7. 2.2..0¢.0- 0 ¢- -eeaed sabe ma te eee a ee Grazing irespashes...2- = 2-2-2 - 255s. 60 si - << p tee see eee ee Miscellaneous trespasses and other offenses against the United States. Fiscal management and appropriations........------.-2+--.---+eeceen me eenes United States Revised Siatutes. <<: < ae aihies tecmm sme: xenon hieiia eet es Decisions relating to fiscal management, appropriations, and refunds... .. - In general. «=... 2252 528 2.0 e saan oe es oe ae General expenses... 222522. .-ns 2 ques dota pede as ae Re Improvements.) 2.6 p--5- «Base ete d din’ a eee oer Fire-fighting fund: =a... 24-22 §- eee: bee See Ee eee eee Reforestation. ........--22=2+ deg ee nel eo eh ee Supplies....2.... 2.2225. aie eee ee eel at a ee ee Refunds... sence co ois Spee hale amen einen le otal el oe ee e Wndéx: sooo ere nhc oak Soe ee ire ere eee eee GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND - OPINIONS APPLICABLE TO, THE CREATION, AD- fate AND PROTECTION OF NATIONAL ESTABLISHMENT OF NATIONAL FORESTS AND GENERAL POWERS OF ADMINISTRATION (NATIONAL MONUMENTS AND GAME REFUGES.) Act of March 3, 1891 (26 Stat. 1095), to repeal tim ber-culture laws, and for other purposes. [1103] Src. 24. That the President of the United States may, from time to time, set apart and reserve, in any State or Territory having public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations, and the President shall, by public proclamation, declare the establishment of such reservations and the Jimits thereof. Agricultural appropriation act of March 4, 1907 (34 Stat. 1256). [1269] * * * Forestreserves * * * shall be known hereafter as National Forests * * * Sundry civil appropriation act of June 4, 1897 (30 Stat., 11). [34] * * * Toremove any doubt which may exist pertaining to the authority of the President thereunto [in regard to the National Forests], the President of the United States is hereby authorized and empowered to revoke, modify, or suspend any and all such Executive orders and proclamations, or any part thereof, from time to time as he shall deem best for the public interests: * * * [36] The President is hereby authorized at any time to modify any Executive order that has been or may hereafter be made establishing any forest reserve, and by any such modification may reduce the area or change the boundary lines of such reserve, or may vacate altogether any order creating such reserve. Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). [1271] Hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created within the limits of the States of Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress. (California added by act of Aug. 24, 1912, p- 9, post.) Act of February 1, 1905 (33 Stat., 628), providing for the transfer of forest reserves from the Department of the Interior to the Department of Agriculture. The Secretary of the Department of Agriculture shall, from and after the passage of this act, execute or cause to be executed all laws affecting public lands heretofore or hereafter reserved under the provisions of section twenty-four of the act entitled ‘An act to repeal the timber- 1 The public lands are held in trust for the whole people, not for the people of the States within which they are located. The Government has in its lands all the rights of an individual proprietor to maintain its possession and prosecute trespassers. It may deal with them as an individual may deal with hislands. It may sell or withhold them from sale or settlement. It may absolutely prohibit or fix the terms on which they may be used. The constitutional declaration that ‘‘Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or the property belonging to the United States’’ (Art. IV, sec. 3), places in Congress authority and discretion to exercise the above rights and powers; and Congress may therefore reserve or authorize the President to reserve public lands as National Forests with- out the consent of the State within whose borders they lie. (Light v. United States, 220 U. S., 523, and cases therein cited.) : 5 Creation of Na- tional Forests. Designation of forest reserves. President em- powered to re- voke, modify, or suspend Execu- tive orders or proclamations. President may modify any Exec- utive order, ete. No new forests to be created in certain States. Transfer of Na- tional Forests to care of Secretary of Agriculture. 26 Stat., 1095. 26 Stat., 1095. Purposes of Na- tional Forests. Fire protection. Secretary (of Agriculture) may make rules and regulations. Penalty. 25 Stat., 166. R.S., sec. 5388. Timber — may be appraisedand sold, Timber must be used in State. NATIONAL FOREST MANUAL—LAWS. cuiture laws, and for other purposes,’’ approved March third, eighteen hundred and ninety-one, and acts supplemental to and amendatory thereof, after such lands have been so reserved, excepting such laws as affect the surveying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting of any of such lands. Sundry civil appropriation act of June 4, 1897 (30 Stat., 11). [34] All public lands heretofore designated and reserved by the President of the United States under the provisions of the act approved March third, eighteen hundred and ninety-one, the orders for which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said act, shall be as far as practicable controlled and administered in accordance with the following pro- visions: No public forest reservation shall be established, except to improve and protect the forest within the reservation, or for the purpose of securing favorable conditions of water flows, and to furnish a con- tinuous supply of timber for the use and necessities of citizens of the United States; but it is not the purpose or intent of these provisions, or of the act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricul- tural purposes, than for forest purposes.! ° The Secretary of the Interior shall make provisions for the protection against destruction by fire and depredations upon the public forests and forest reservations which may have been set aside or which may be hereafter set aside under the said act of March third, eighteen hundred and ninety-one, and which may be continued; and he may make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to 1egulate their occupancy and use and to preserve the forests thereon from destruction; ? and any violation of the provisions of this act or such rules and regulations shall be punished as is provided for in the act of June fourth, eighteen hundred and eighty- eight, amending section fifty-three hundred and eighty-eight of the Revised Statutes of the United States.® For the purpose of preserving the living and growing timber and promoting the younger growth on forest reservations, the Secretary of the Interior, under such rules and regulations as he shall prescribe, may cause to be designated and appraised so much of the dead, matured, or large growth of trees found upon such forest reservations as may be compatible with the utilization of the forests thereon, and may sell the same for not less than the appraised value in such quantities to each purchaser as he shall prescribe, to be used in the State or Terri- tory in which such timber reservation may be situated, respectively, but not for export therefrom.* 1 Notwithstanding this language, mineral lands (at least if not located as such at the time of withdrawal) become a part of the National Forest; and their subsequent location does not (prior to patent) withdraw or exclude them therefrom. (United States v. Rizzinelli, 182 Fed., 675.) Under a forestry proclamation declaring ‘‘ that the withdrawal made by this proclama- tion shall, as to all lands at this time legally appropriated * * * be subject to and shall not interfere with or defeat legal rights under such appropriation * * * so long as such appropriation is maintained,”’ a mining location existing at the date of the proclamation becomes a part of the National Forest subject only to the rights of the owner thereof under the mineral laws. (2 Sol. Op., 763; id., 865.) Lands covered by railroad and ditch rights-of-way at the time of withdrawal become part of the National Forests subject to such rights-of-way. (2 Sol. Op., 790; id., 728.) If agricultural lands are improvidently included in a forest reservation they can be eliminated only by ETE of the President or by act of Congress. (E.S. Gosney, 29 L. D., 593, 30 L. D., 44; decided before the passage of act of June 11, 1906.) 2 Authority to regulate occupancy and use includes authority to forbid either or both, and to permit the same upon terms and conditions, including payment of charges especially where the statutes provide for the disposition of the moneys received. ( Op. Atty. Gen., 266; 25 id., 470; 26 id., 421; United States v. Grimaud, 220 U. S., 506.) 8 Congress itself having provided criminal penalties for violation of the regulations the act is not unconstitutional as an attempt to delegate legislative powers. (United States v. Grimaud, 220 U. S., 506; Light v. United States, 220 U. S., 523.) 4 By act of Mar. 4, 1907, p. 60, post, the Secretary of Agriculture is given authorit : or pes export of timber except from the Black Hills National Forest in Sout akota. NATIONAL FOREST MANUAL—LAWS. q [Before such sale shall take place, notice thereof shall be given Timber to be * * * for not less than thirty days, by publication in one or more S°ld_ only after newspapers of general circulation, as he may deem necessary, in the *!vertisement. » State or Territory where such reservation exists: Provided, however, Emergency That in cases of unusual emergency the Secretary of the Interior 5°: ; may, in the exercise of his discretion, permit the purchase of timber and cord wood in advance of advertisement of sale at rates of value approved by him and subject to payment of the full amount of the highest bid resulting from the usual advertisement of sale: Provided _ Sales of timber further, That he may, in his discretion, sell without advertisement, in ae gecmiiaaut quantities to suit applicants, at a fair appraisement, timber and cord ; wood not exceeding in value one hundred dollars stumpage: And pro- _ Private sales vided further, That in cases in which advertisement is had and no MY, Pe, made satisfactory bid is received, or in cases in which the bidder fails to satisfactory. complete the purchase, the timber may be sold, without further - advertisement, at private sale, in the discretion of the Secretary of the Interior, at not less than the appraised valuation, in quantities to suit purchasers:} * * * Such timber before being sold, shall be marked , Timber to be and designated, and shall be cut and removed under the supervision a fgeds of some person appointed for that purpose by the Secretary of the vision. Interior, not interested in the purchase or removal of such timber nor in the employment of the purchaser thereof. Such supervisor shall make report in writing * * * of his doings in the premises. (The matter in brackets in the above section is taken bodily from the act of June 6, 1900 (31 Stat., 661), and, since the passage of the agricultural appropriation act of June 30,1906 (34 Stat., 669), is the timber sale law for all National Forests, except as modified by the act of Feb. 1, 1905 (33 Stat., 628), transferring the jurisdiction of the National Forests to the Secretary of Agriculture.) The Secretary of the Interior may permit, under regulations to be | Free use of tim- prescribed by him, the use of timber and stone found upon such reser- P°! 224 stone. vations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and other domestic purposes, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located. [36] Nothing herein shall be construed as prohibiting the egress or Ingress and ingress of actual settlers residing within the boundaries of such reser- °87°SS of settlers. vations, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes,! including that of prospecting, locating, and develop- Prospecting, ing the mineral resources thereof: Provided, That such persons comply ° with the rules and regulations covering such forest reservations. (The paragraphs in this act providing for lieu selection were repealed by the act of Mar. 3, 1905, 33 Stat., 1264.) The settlers residing within the exterior boundaries of such forest Schools and reservations, or in the vicinity thereof, may maintain schools and ea te churches within such reservation, and for that purpose may occupy 4 any part of the said forest reservation, not exceeding two acres for each schoolhouse and one acre for a church. The jurisdiction, both civil and criminal, over persons within such _ State jurisdic- reservations shall not be affected or changed by reason of the existence “°" of such reservations, except so far as the punishment of offenses against the United States therein is concerned; the intent and meaning of this provision being that the State wherein any such reservation is situated 1 While it is no doubt within the power of Congress to prevent intrusion upon the National Forests for the purposes of taking fish and game, yet in view of the long-estab- lished peel 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 pro- hibit 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.) 8 NATIONAL FOREST MANUAL—LAWS. shall not, by reason of the establishment thereof, lose its jurisdiction, nor the inhabitants thereof their rights and privileges as citizens, or be absolved from their duties as citizens of the State. Waters. All waters on such reservations may be used for domestic, mining, milling, er irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder.} Restoration of - Upon the recommendation of the Secretary of the Interior, with the se niodeenien approval of the President, after sixty days’ notice thereof, published “in two papers of general circulation in the State or Territory wherein any forest reservation is situated, and near the said reservation, any public lands embraced within the limits of any forest reservation which, after due examination by personal inspection of a competent person appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And Mineral lands any mineral lands in any forest reservation which have been or which srt ipaadnhe may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations apply- ing thereto, shall continue to be subject to such location and entry, notwithstanding any provisions herein contained. Act of June 25, 1910 (36 Stat., 847), to authorize the President of the United States to make withdrawals of public lands in certain cases. A pe perany That the President may, at any time in his discretion, temporarily Pecan’ «withdraw from settlement, location, sale, or entry any of the public lands of the United States including the District of Alaska and reserve the same for water-power sites, irrigation, classification of lands, or other public purposes to be specified in the orders of withdrawals, and such .withdrawals or reservations shall remain in force until revoked by him or by an act of Congress.” Mineral explo- Sxc. 2 [as amended by the act of Aug.-24, 1912, 37 Stat., 497]. vow 2 That all lands withdrawn under the provisions of this act shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any person who, at the date of any order of withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Provided further, That this act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June twenty-fifth, nineteen Claims and set- : 701%, , ‘ Ween except. hundred and ten: And provided further, That there shall be excepted ed. from the force and effect of any withdrawal made under the provyi- 1 Waters flowing over the public domain in natural channels are not the property of the United States or subject to its control or disposition. They are publici juris and are subject, under the Constitution, to the jurisdiction and control of the States, except for purposes of commerce and navigation, The Government can acquire a right to their use for purposes other than navigation only by appropriating them under the provisions of State laws. (1 Sol. Op., 590.) Where, however, the Government, by a treaty made prior to the admission of the State into the Union, has reserved certain waters for the use of an Indian tribe, there pet Baas in the State to divert them from such uses. (Winters v. United States, 207 .S., 564. Nor can a State, even upon the nonnavigable portions of a stream, authorize any uses which will impair the navigability of the navigable 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 landowner, and are not subject to appropria- tion under State laws or to the riparian right to continued flow. (2 Sol. Op., 951.) 2 This act confers upon the President power to withdraw National Forest lands for the purposes therein stated. ‘‘ Public lands,’’ as used therein, includes National Forest lan ¥ (Informal opinion of Attorney General to Secretary of Agriculture of Nov, 23, 1910. The Secretary of Agriculture has no authority to issue a power permit affecting National Forest lands withdrawn under this act for a power site (2 Sol. Op., 817); nor can he make leases, under the act of Feb. 28, 1899, or authorize other uses of lands simi- larly withdrawn around mineral and medicinal springs in Alaska. (2 Sol. Op., 870.) NATIONAL FOREST MANUAL—LAWS. 9 sions of this act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made: And provided further, That hereafter no forest reserve shall be created, nor ,, No further Na- shall any additions be made to one heretofore created, within the Honal Rorests in limits of the States of California, Oregon, Washington, Idaho, Mon- ' tana, Colorado, or Wyoming, except by act of Congress. Src. 3. That the Secretary of the Interior shall report all~such — Reports to Con- withdrawals to Congress at the beginning of its next regular session ®"°** after the date of the withdrawals. LEGISLATION AFFECTING PARTICULAR NATIONAL FORESTS. Act of October 1, 1890 (26 Stat., 650), setting aside certain lands in _ Sierra (now in California as forest reservations. National Forest, : Act of February 7, 1905 (33 Stat., 702), to exclude from Yosemite Same. > National Park certain lands and attach the same to the Sierra Forest Reserve. Joint resolution of June 11, 1906 (34 Stat., 831), accepting recession Same. 3 te opel Valley, etc., and changing boundaries of the National ark. Act of April 28, 1904 (33 Stat., 526), replaced by section 55 of the , Bull Run Na- Penal Code. (See Trespass, p. 67, post.) par ies Act of May 23, 1908 (35 Stat., 268), establishing the Minnesota _ Minnesota Na- National Forest and containing various special provisions in relation 4m Forest. 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, proviso Same. near bottom of page 862. The Indian appropriation act of March 3, 1905 (33 Stat., 1048 at p. _Addition to 1070), authorizes the President to add parts of the Uinta Indian Res- Phe sent ee ervation to the Uinta National Forest. j Act of March 3, 1899 (30 Stat., 1074, 1095), authorized homestead , Black _ Hills entries by metes and bounds in the Black Hills National Forest by N#tonal Forest. bona fide settlers prior to September 19, 1898. Act of March 1, 1907 (34 Stat., 1053), grants certain lands in the San ,. San Juan Na- Juan National Forest to the city of Durango, Colo., for reservoir pur- 422! Forest. poses, reserving to the Forest Service the right to dispose of the timber on certain parts thereof. Act of February 18, 1909 (35 Stat., 626), as amended by act of May 7, , Calaveras Bi 1912 (37 Stat., 108), authorizing acquisition of lands in California for a Pre, Nationa National Forest to be known as the Calaveras Big Tree National Forest. Act of February 28, 1911 (36 Stat., 960), authorizes the exchange of , Kansas Na- lands in the Kansas National Forest for privately owned lands within “0! Forest. its boundaries. : Act of March 4, 1911 (36 Stat., 1357), authorizes the Secretary of National For- the Interior to exchange certain desert lands, specifically described, °'S 2 Tee. for other described lands, within National Forests in Oregon. Act of July 31, 1912 (37 Stat., 241), authorizes the exchange of | Exchange with certain lands with the State of Michigan and provides the terms on Michigan. which such exchange may be made. Act of July 25, 1912 (37 Stat., 200), authorizing Secretary of the ,, Paulina Na- Interior to exchange certain lands in Paulina National Forest, Oreg., !on®! Forest. for private lands within the forest. Act of August 22, 1912 (37 Stat., 323), authorizes the Secretary of _ Zuni National Agriculture to exchange timber in the Pecos National Forest, N. Mex., Forest: ie privately owned lands within the boundaries of the Zuni National orest. The agricultural appropriation act of August 10, 1912 (37 Stat., 269), Same. declares that the Fort Wingate Military Reservation, N. Mex., shall become a part of the Zuni National Forest, subject to unhampered use for military purposes. orest. 10 NATIONAL FOREST MANUAL—LAWS. Act of March 1, 1911 (36 Stat., 961), toenable any State to cooperate with any other State or States, or with the United States, for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers. : _ States author- That the consent of the Congress of the United States is hereby given eo con ente “te to each of the several States of the Union to enter into any agreement “conserve forests or compact, not in conflict with any law of the United States, with any and water sup- other State or States for the purpose of conserving the forests and the Ply. water supply of the States entering into such agreement or compact. Cooperation Spo, 2. That the sum of two hundred thousand dollars is hereby peloton appropriated and made available until expended, out of any moneys in the National Treasury not otherwise appropriated, to enable the Secre- tary of Agriculture to cooperate with any State or group of States, when requested to do so, in the protection from fire of the forested watersheds of navigable streams; and the Secretary of Agriculture is hereby authorized, and on such conditions as he deems wise, to stipulate and agree with any State or group of-States to cooperate in the organization and maintenance of a system of fire protection on any private or State forest lands within such State or States and situated upon the watershed of a navigable river: Provided, That no such stipulation or agreement shall be made with any State which has not provided by law fora system of forest-fire protection: Provided further, That in no case shall the amount expended in any State exceed in any fiscal year the amount appropriated by that State for the same purpose during the same fiscal year. Purchase of Src. 3. That there is hereby appropriated, for the fiscal year ending eee at June thirtieth, nineteen hundred and ten, the sum of one million dol- streams. J lars, and for each fiscal year thereafter a sum not to exceed two million dollars for use in the examination, survey, and acquirement of lands located on the headwaters of navigable streams or those which are being or which may be developed for navigable purposes: Provided, That the provisions of this section shall expire by limitation on the thirtieth day of June, nineteen hundred and fifteen. Appointment Src. 4. That a commission, to be knownas the National Forest Reser- ofcommission. vation Commission, consisting of the Secretary of War, the Secretary of the Interior, the Secretary of Agriculture, and two Members of the Senate, to be selected by the President of the Senate, and two Members of the House of Representatives, to be selected by the Speaker, is hereby created and authorized to consider and pass upon such lands as may be recommended for purchase as provided in section six of this act, and to fix the price or prices at which such lands may be purchased, and no purchases shall be made of any lands until such lands have been duly approved for purchase by said commission: Provided, That the members of the commission herein created shall serve as such only during their incumbency in their respective official positions, and any vacancy on the commission shall be filled in the manner as the original appointment. Reports toCon- Src. 5. That the commission hereby appointed shall, through its ETESSs president, annually report to Congress, not later than the first Monday in December, the operations and expenditures of the commission, in detail, during the preceding fiscal year. Duties of Secre- Sxc. 6. That the Secretary of Agriculture is hereby authorized and ee hop eee directed to examine, locate, and recommend for purchase such lands ical Survey. | a8 in his judgment may be necessary to the regulation of the flow of navigable streams, and to report to the National Forest Reservation Commission the results of such examinations: Provided, That before any lands are purchased by the National Forest Reservation Commis- sion said lands shall be examined by the Geological Survey and a report made to the Secretary of Agriculture, showing that the control of such lands will promote or protect the navigation of streams on whose water- sheds they lie. Secretary to Src. 7. That the Secretary of Agriculture is hereby authorized to Bese rene purchase, in the name of the United States, such lands as have been approved for purchase by the National Forest Reservation Commission at the price or prices fixed by said commission: Provided, That no deed or other instrument of conveyance shall be accepted or approved by the Secretary of Agriculture under this act until the legislature of the NATIONAL FOREST MANUAL—LAWS. ti State in which the land lies shall have consented to the acquisition of such land by the United States for the purpose of preserving the navi- gability of navigable streams. Src. 8. That the Secretary of Agriculture may do all things necessary , Titles obtained to secure the safe title in the United States to the lands to be acquired ene oe under this act, but no payment shall be made for any such lands until passed upon by the title shall be satisfactory to the Attorney General and shall be Attorney General. vested in the United States. Src. 9. That such acquisition may in any case be conditioned upon _ Reservations of the exception and reservation to the owner from whom title passes to timber and min- the United States of the minerals and of the merchantable timber, or °@!S- either or any part of them, within or upon such lands at the date of the conveyance, but in every case such exception and reservation and the time within which such timber shall be removed and the rules and regulations under which the cutting and removal of such timber and the mining and removal of such minerals shall be done shall be ex- pressed in the written instrument of conveyance, and thereafter the mining, cutting, and removal of the minerals and timber so excepted and reserved shall be done only under and in obedience to the rules and regulations so expressed. Sec. 10. That masmuch as small areas of land chiefly valuable for , Sale of agricul- agriculture may of necessity or by inadvertence be included in tracts rr ac Pees acquired under this act, the Secretary of Agriculture may, in his dis- : cretion, and he is hereby authorized, upon application or otherwise, to examine and ascertain the location and extent of such areas as in his opinion may be occupied for agricultural purposes without injury to the forests or to stream flow and which are not needed for public pur- poses, and may list and describe the same by metes and bounds, or otherwise, and offer them for sale as homesteads at their true value, to be fixed by him, to actual settlers, in tracts not exceeding eighty acres in area, under such joint rules and regulations as the Secretary of Agriculture and the Secretary of the Interior may prescribe; and in case of such sale the jurisdiction over the lands sold shall, ipso facto, revert to the State in which the lands sold lie. And no right, title, interest, or claim in or toany landsacquired under thisact, or the waters thereon, or the products, resources, or use thereof after such lands shall have been so acquired, shall be initiated or perfected, except as in this section provided. Sc. 11. That, subject to the provisions of the last preceding sec- , Lands acquired tion, the lands acquired under this act shall be permanently reserved, ee Bold aad ad held, and administered as national forest lands under the provisions tional forest of section twenty-four of the act approved March third, eighteen hun- lands. dred and ninety-one (volume twenty-six, Statutes at Large, page eleven hundred and three), and acts supplemental to and amendatory thereof. And the Secretary of Agriculture may from time to time divide the lands acquired under this act into such specific National Forests and so designate the same as he may deem best for adminis- _trative purposes. Sec. 12. That the jurisdiction, both civil and criminal, over persons , Jurisdiction of upon the lands acquired under this act shall not be affected or changed 5'ts- by their permanent reservation and administration as national forest lands, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the State wherein such land is situated shall not, by reason of such reseryation and administration, lose its jurisdiction nor the inhabi- tants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the State. Sec. 13. That five percentum of all moneys received during any _ Five percent of fiscal year from each National Forest into which the lands acquired '¢!Pts t States. under this act may from time to time be divided shall be paid, at the end of such year, by the Secretary of the Treasury to the State in which such National Forest is situated, to be expended as the State legislature may prescribe for the benefit of the public schools and pub- lic roads of the county or counties in which such National Forest is situated: Provided, That when any National Forest is in more than one State or county the distributive share to each from the proceeds 19 NATIONAL FOREST MANUAL—LAWS. of such forest shall be proportional to its area therein: Provided further, That there shall not be paid to any State for any county an amount equal to more than forty per centum of the total income of such county from all other sources. Expenses of §xrc. 14. That a sum sufficient to pay the necessary expenses of the purchasing ¢oM- ~ommission and its members, not to exceed an annual expenditure of ; twenty-five thousand dollars, is hereby appropriated out of any mone in the Treasury not otherwise appropriated. Said appropriation shall be immediately available, and shall be paid out on the audit and order of the president of the said commission, which audit and order shall be conclusive and binding upon all departments as to the correctness of the accounts of said commission. Agricultural appropriation act of August 10, 1912 (37 Stat. 269). Appropriations And in order to carry out the purposes mentioned in section three of ee the Act of March first, nineteen hundred and eleven, entitled ‘An Act to enable any State to cooperate with any other State or States, or with the United States, for the protection of the watersheds of naviga- ble streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers,”’ there is hereby appropriated and made available until expended so much of the maximum sums mentioned in said section for the fiscal years nineteen hundred and twelve to nineteen hundred and fifteen, inclusive, as shall remain unexpended at the close of each of said fiscal years. Act of June 8, 1906 (34 Stat., 225), for the preservation of American antiquities. Objects of his- Src. 2. That the President of the United States is hereby author eee pee ized, in his discretion, to declare by public proclamation historic reserved as na- landmarks, historic and prehistoric structures, and other objects of tional monu- historic or scientific interest that are situated upon the lands owned =e or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land the limits of which in all cases shall be confined to the smallest area com- patible with the proper care and management of the objects to be pro- tected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care . and management of the object, may be relinquished to the Govern- ment, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States. Permits for ex- §reo. 3. That permits for the examination of ruins, the excavation a aom at of archzeological sites, and the gathering of objects of antiquity upon lection. the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, exca- vation, or gathering, subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gather- ings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gather- ings shall be made for permanent preservation in public museums. geese rules Src. 4. That the Secretaries of the Departments aforesaid shall make and regulations. 44 publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this act.' 1 The purpose of this act is to permanently preserve objects of antiquity and historic interest for the instruction and enjoyment of the people, and the three Secretaries are not authorized to make regulations which will in effect prohibit access thereto by the general public. They can not, therefore, restrict access to those only who are accom- apes ne accredited guides and pay a reasonable charge for such services. (1 Sol. p., 224.) (Section one of the above act, which is purely penal in character, is printed under Trespass, p. 67, infra.) NATIONAL FOREST MANUAL—LAWS. UnirormM RULES AND REGULATIONS. By the Secretaries of the Interior, Agriculture, and War to carry out the provisions of the act for the preservation of American antiquities, approved June 8, 1906. 1. Jurisdiction over ruins, archeological sites, historic and prehis- toric monuments and structures, objects of antiquity, historic land- marks, and other objects of historic or scientific interest, shall be exer- cised under the act by the respective departments as follows: By the Secretary of Agriculture over lands within the exterior limits of forest reserves; by the Secretary of War over lands within the exterior limits of military reservations; by the Secretary of the Interior over all other lands owned or controlled by the Government of the United States, provided the Secretaries of War and Agriculture may, by agreement, cooperate with the Secretary of the Interior in the super- vision of such monuments and objects covered by the act of June 8, 1906, as may be located on lands near or adjacent to forest reserves and military reservations, respectively. 2. No permit for the removal of any ancient monument or structure which can be permanently preserved under the control of the United States in situ, and remain an object of interest, shall be granted. 3. Permits for the examination -of ruins, the excavation of archeo- logical sites, and the gathering of objects of antiquity will be granted, by the respective Secretaries having jurisdiction, to reputable muse- ums, universities, colleges, or other recognized scientific or educational institutions, or to their duly authorized agents. 4. No exclusive permits shall be granted for a larger area than the applicant can reasonably be expected to explore fully and systemati- cally within the time limit named in the permit. 5. Each application for a permit should be filed with the Secretary having jurisdiction, and must be accompanied by a definite outline of the proposed work, indicating the name of the institution making the request, the date proposed for beginning the field work, the length of time proposed to be devoted to it, and the person who will have imme- diate charge of the work. The application must also contain an exact statement of the character of the work, whether examination, excava- tion, or gathering, and the public museum in which the collections made under the permit are to be permanently preserved. The appli- cation must be accompanied by a sketch plan or description of the par- ticular site or area to be examined, excavated, or searched, so definite that it can be located on the map with reasonable accuracy. 6. No permit will be granted for a period of more than three years, but if the work has been diligently prosecuted under the permit the time may be extended for proper cause upon application. 7. Failure to begin work under a permit within six months after it is granted, or failure to diligently prosecute such work after it has been begun, shall make the permit void without any order or proceeding by the Secretary having jurisdiction. 8. Applications for permits shall be referred to the Smithsonian Institution for recommendation. 9. Every permit shall be in writing, and copies shall be transmitted to the Smithsonian Institution and the field office in charge of the land involved. The permittee will be furnished with a copy of these rules and regulations. 10. At the close of each season’s field work the permittee shall report in duplicate to the Smithsonian Institution, in such form as its Secre- tary may prescribe, and shall prepare in duplicate a catalogue of the collections and of the photographs made during the season, indicating therein such material, if any, as may be available for exchange. 11. Institutions and persons receiving permits for excavation shall, after the completion of the work, restore the lands upon which they have worked to their customary condition, to the satisfaction of the field officer in charge. 12. All permits shall be terminable at the discretion of the Secretary having jurisdiction. 13. The field officer in charge of the land owned or controlled by the Government of the United States shall, from time to time, inquire and report as to the existence, on or near such lands, of ruins and archzo- 13 14 NATIONAL FOREST MANUAL—LAWS. logical sites, historic or prehistoric ruins or monuments, objects of antiquity, historic landmarks and prehistoric structures, and other objects of historic or scientific interest. 14. The field officer in charge may at all times examine the permit of any person or institution claiming privileges granted in accordance with the acts and these rules and regulations, and may fully examine all work under such permit. 15. All persons duly authorized by the Secretaries of Agriculture, War, and Interior may apprehend or cause to be arrested, as provided in the act of February 6, 1905 (33 Stat., 700), any person or persons who appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument or any object of antiquity on lands under the supervision of the Secretaries of Agriculture, War, and Interior, respectively. 16. Any object of antiquity taken, or collection made, on landsowned or controlled by the United States without a permit, as prescribed by the act and these rules and regulations, or there taken or made, contrary to the terms of the permit or contrary to the act and these rules and regulations, may be seized, wherever found and at any time, by the proper field officer or by any person duly authorized by the Secretary having jurisdiction, and disposed of as the Secretary shall determine, by deposit in the proper national depository or otherwise. 17. Every collection made under the authority of the act and of these rules and regulations shall be preserved in the public museum desig- nated in the permit and shall be accessible to the public. No such col- lection shall be removed from such public museum without the written authority of the Secretary of the Smithsonian Institution, and then only to another public museum, where it shall be accessible to the public; and when any public museum, which is a depository of any collection made under the provisions of the act and these rules and regulations, shall cease to exist, every such collection in such public museum shall thereupon revert to the national collections and be placed in the proper national depository. Wasuineton, D. C., December 28, 1906. The foregoing rules and regulations are hereby approved, in triplicate, and, under authority conferred by law on the Secretaries of the Interior, Agriculture, and War are hereby made and established to take effect immediately. E. A. Hrrescock, Secretary of the Interior. JAMES WILSON, Secretary of Agriculture. Wo. H. Tart, Secretary of War. Wichita game Act of January 24, 1905 (33 Stat., 614), authorizes the President to set mete? aside lands within the Wichita National Forest as a game refuge and declares that the purpose of the act is to protect the land of the United States from trespass, and not to interfere with local game laws, etc.! Penal provisions of the act will be found under ‘‘Trespass,’’ page 67, ost. Grand Canon i Act of June 29, 1906 (34 Stat., 607), contains provisions substantially eae rEe like those of the act next above cited. OPERATION. PERSONNEL. Forest transfer act of February 1, 1905 (33 Stat., 628). Forest officers Src. 3. That forest supervisors and rangers shall be selected, when to be selected Hoable (t Wned seis f th Stat Terrien : from States Practicable, from qualified citizens of the States or Territories in where forests are Which the said reserves, respectively, are situated. situated. 1 The Secretary of the Interior [now Agriculture] can not, without express authority of law, prescribe rules and regulations by which the National Forests may be made refuges for game, or by which the hunting, killing, or capture of game thereon may be forbidden. As to the National Forests in general, no such authority is conferred either by the act of June 4, 1897, or any other provision oflaw. (23 Op. Atty. Gen., 589.) NATIONAL FOREST MANUAL—LAWS. 15 Agricultural appropriation act of May 23, 1908 (35 Stat., 251). [267] The employees of the Department of Agriculture, outside of _ Leave oe a the city of Washington, may hereafter, in the discretion of the Sec- jo ein field son, retary of Agriculture, be granted leave of absence not to exceed fifteen ice. days in any one year, which leave may in exceptional and merito- rious cases where such an employee is ill, be extended, in the discre- tion of the Secretary of Agriculture, not to exceed fifteen days addi- tional in any one year. Agricultural appropriation act of May 23, 1908 (35 Stat., 251). And hereafter officials of the Forest Service designated by the Cooperation Secretary of Agriculture shall, in all ways that are practicable, aid with other de- in the enforcement of the laws of the States and Territories with regard Partments. to stock, for the prevention and extinguishment of forest fires, and for the protection of fish and game, and, with respect to National For- ests, shall aid the other Federal bureaus and departments, on request from them, in the performance of the duties imposed on them by law. Act of March 11, 1912 (37 Stat., 74), extending to certain employees of the Forest Service and Bureau of Mines the right to compensation under the act of May 30, 1908, for injuries sustained. That the provisions of the act approved May thirtieth, nineteen Com pensation hundred and eight, entitled ‘‘An act granting to certain employees of to employees in- the United States the right to receive from it compensation for injuries eee eae sustained in the course of their employment,’’ shall, in addition to the i classes of persons therein designated, be held to apply to any artisan, laborer, or other employee engaged in any hazardous work under the Bureau of Mines or the Forestry Service of the United States: Pro- vided, That this act sha!l not be held to embrace any case arising prior to its passage. (The act above made applicable is printed next below.) Act of May 30, 1908 (35 Stat., 556), granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment. That when, on or after August first, nineteen hundred and eight, any , ©om pensation person employed by the United States as an artisan or laborer in any oo of its manufacturing establishments, arsenals, or navy yards, or in ardous work. the construction of river and harbor or fortification work or in hazardous employment on construction work in the. reclamation of arid lands or the management and control of the same, or in hazardous employment under the Isthmian Canal Commission, is injured in the course of such employment such employee shall be entitled to receive for one year thereafter, unless such employee, in the opinion of the Secretary of Commerce and Labor, be sooner able to resume work, the same pay as if he continued to be employed, such payment to be made under such regulations as the Secretary of Commerce and Labor may prescribe: Provided, That no compensation shall be paid under this act where the Time limit. injury is due to the negligence or misconduct of the employee injured, nor unless said injury shall continue for more than fifteen days. All questions of negligence or misconduct shall be determined by the Secretary of Commerce and Labor. Src. 2. That if any artisan or laborer so employed shall die during , ©o™m pensation the said year by reason of such injury received in the course of such 0, jvidows and employment, leaving a widow, or a child or children under sixteen ; years of age, or a dependent parent, such widow and child or children and dependent parent shall be entitled to receive, in such portions and under such regulations as the Secretary of Commerce and Labor may prescribe, the same amount, for the remainder of the said year, that said artisan or laborer would be entitled to receive as pay if such employee were alive and continued to be employed: Provided, That if the widow shall die at any time during the said year her portion of said amount shall be added to the amount to be paid to the remaining beneficiaries under the provisions of this section, if there be any. Src. 3. That whenever an accident occurs to any employee embraced __Reports of inju- within the terms of the first section of this act, and which results in ™°> 16 Affidavits in case of death. Affidavits in case of injury. Determining compensation. Medical exami- nations. Payment to beneficiaries, etc. Contracts to ex- empt from liabil- ity void. Repeal. Buildings, limit of cost. NATIONAL FOREST MANUAL—LAWS. death or a probable incapacity for work, it shall be the duty of the official superior of such employee to at once report such accident and the injury resulting therefrom to the head of his bureau or independent office, and his report shall be immediately communicated through regular official channels to the Secretary of Commerce and Labor. Such report shall state, first, the time, cause, and nature of the accident and injury and the probable duration of the injury resulting therefrom; second, whether the accident arose out of or in the course of the injured person’s employment; third, whether the accident was due to negli- gence or misconduct on the part of the employee injured; fourth, any other matters required by such rules and regulations as the Secretary of Commerce and Labor may prescribe. The head of each department or independent office shall have power, however, to charge a special official with the duty of making such reports. Sec. 4. That in the case of any accident which shall result in death the persons entitled to compensation under this act or their legal representatives shall, within ninety days after such death, file with the Secretary of Commerce and Labor an affidavit setting forth their relationship to the deceased and the ground of their claim for com- pensation under the provisions of this act. This shall be accompanied by the certificate of the attending physician setting forth the fact and cause of death, or the nonproduction of the certificate shall be satis- factorily accounted for. In the case of incapacity for work lasting more than fifteen days, the injured party desiring to take the benefit of this act shall, within a reasonable period after the expiration of such time, file with his official superior, to be forwarded through regular official channels to the Secretary of Commerce and Labor, an affidavit setting forth the grounds of his claim for compensation, to be accom- panied by a certificate of the attending physician as to the cause and nature of the injury and probable duration of the incapacity, or the nonproduction of the certificate shall be satisfactorily accounted for. If the Secretary of Commerce and Labor shall find from the report and affidavit or other evidence produced bythe claimant or his or her legal representatives, or from such additional investigation as the Secretary of Commerce and Labor may direct, that a claim for com- pensation is established under this act, the compensation to be paid shall be determined as provided under this act and approved for payment by the Secretary of Commerce and Labor. Sec. 5. That the employee shall, whenever and as often as required by the Secretary of Commerce and Labor, at least once in six months, submit to medical examination, to be provided and paid for under the direction of the Secretary, and if such employee refuses to submit to or obstructs such examination his or her right to compensation shall be - lost for the period covered by the continuance of such refusal or obstruction. Sec. 6. That payments under this act are only to be made to the beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors. Sec. 7. That the United States shall not exempt itself from liability under this act by any contract, agreement, rule, or regulation, and any such contract, agreement, rule, or regulation shall be pro tanto void. Sec. 8. That all acts or parts of acts in conflict herewith or providing a different scale of compensation or otherwise regulating its payment are hereby repealed. BUILDINGS AND PROPERTY. Agricultural appropriation act of March 4, 1911 (386 Stat., 1235). [1246] GENERAL EXPENSES, Forest Service: To enable the Secre- tary of Agriculture * * * to erect necessary buildings: Pro- vided,-That the cost of any building erected shall not exceed six hundred and fifty dollars. By the oe appropriation act of March 4, 1907 (34 Stat., 1269), the limit of cost for buildings was fixed at $1,000. This was reduced to $500 by appropriation act of May 23, 1908 (35 Stat., 259), and increased to $650 by the above act. The same limit is fixed by the appropriation act of August 10, 1912. NATIONAL FOREST MANUAL—LAWS. 17 Agricultural appropriation act of August 10, 1912 (37 Stat., 269). That an additional ten per centum of all moneys received from , Additional the National Forests during the fiscal year ending June thirtieth, See seein’ nineteen hundred and twelve, shall be available at the end thereof, ments. to be expended by the Secretary of Agriculture for the construction and maintenance of roads and trails within the National Forests in the States from which such proceeds are derived; but the Secretary ¢ operation of Agriculture may, whenever practicable, in the construction and with States. maintenance of such roads, secure the cooperation or aid of the proper State or Territorial authorities in the furtherance of any system of highways of which such roads may be made a part. improve- Agricultural appropriation act of August 10, 1912 (37 Stat., 269). That no part of the appropriation made by this act shall be used , Buildings on for the construction, repair, maintenance, or use of buildings or im- aos stead provements made for forest-ranger stations within the inclosed fields of bona fide homestead settlers who have established residence upon their homestead lands prior to the date of the establishment of the forest reservation in which the homestead lands are situated, without the consent of the homesteader. Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). [1270] * * * and hereafter he [Secretary of Agriculture] may Photographs dispose of photographic prints (including bromide enlargements), may be sold. lantern slides, transparencies, blue prints, and forest maps at cost and ten per centum additional, and condemned property or materials Condemned under his charge in the same manner as provided by law for other property. bureaus. DECISIONS AFFECTING THE WORK OF “OPERATION.” An appropriation for the ‘‘improvement of the National Forests,”’ with a provision that the money appropriated may be expended as the Secretary of Agriculture may direct, authorizes him to cooperate with county commissioners in the construction of a county road through a os ike ane by contributing money for that purpose. (1 Sol. p., 154. ‘ The Forest Service may legally enter into an agreement for the cooperative construction of a telephone line where under the terms of such agreement the United States is to retain title to all timber taken from the National Forests used either in the construction or maintenance of said line, the other contracting party to furnish all other materials and labor necessary. (2 Sol. Op., 999.) Secretary of Agriculture is not authorized to grant timber to a tele- phone company free of charge as an inducement to its construction of a telephone line on a National Forest. (2 Sol. Op., 1026.) The limitation of $500 on the cost of buildings, contained under ‘‘General expenses” in the appropriation for 1911, applies also to ranger cabins erected under the appropriation for ‘‘ Improvement of the National Forests.’”’ (Comp. Dec. of May 23, 1911, unpublished.) Under the provision in the appropriation act for 1912 an existing ranger cabin may be enlarged to meet the present needs of the Forest Service, provided the total cost of the enlarged building does not exceed $650. (2 Sol. Op., 679.) The foregoing provision does not, however, authorize additional expenditures on old cabins merely for the purpose of making them more comfortable and commodious for the same number of rangers and the same amount of business as they were originally constructed to provide for. (2 Sol. Op., 679.) Government property in the nature of fixtures such as cabins, fences, etc., may be sold as personal property either before or after the land to which they are attached is released from withdrawal for administrative use of the Forest Service. (1 Sol. Op., 272.) Logs from deserted cabins on National Forests can be sold by the forest supervisors under authority of Revised Statutes, section 3618. (1 Sol. Op., 109.) ¢ 66777°—13——2 18 Purposes. Special agent’s report. Charges. Notice charges. Same. NATIONAL FOREST MANUAL— LAWS. A forest ranger is not subject te the Florida statutes requiring all male residents of the counties to work on the public roads, with the privilege of providing a substitute or } ying a stipulated sum in lieu of personal service. (2 Sol. Op., 841 Forest supervisors are not authorized to commute ieave withcut pay to leave with pay. (1 Sol. Op., 73.) An employee of this department can not receive compensation from it while on leave with pay from the Indian Service. (1 Sol. Op., 102.) Payment of cost of mallein test for glanders required on interstate shipment of ranger’s horses not authorized by General Order No. 145. (2 Sol. Op., 1025.) ARRESTS—CARRYING CONCEALED WEAPONS. Forest officers, being charged with the duty of protecting the National Forests and invested with authority to make arrests, may carry con- cealed weapons, if necessary, to the discharge of these duties, and in doing so are not subject to the State laws regarding the carrying of con- cealed weapons. (1 Sol. Op., 112.) It is not the duty of forest officers to directly prosecute in a State court a person accused of violating State statutes by starting a fire which spreads to national forest lands. In such case they would perform their full duty by calling the attention of the proper State officers to the alleged criminal offense, suggesting action, and offering to aid inall proper ways. (2 Sol. Op., 693.) LANDS. CLAIMS PROCEDURE. INSTRUCTIONS OF JANUARY 19, 1911 (39 L. D., 458), To SpectaL AGENTS AND REGISTERS AND RECEIVERS. The following rules are prescribed for the government of proceedings had upon the reports of special agents of this office. All existing in- structions in conflict herewith are superseded. 1. The purpose hereof is to secure speedy action upon claims to the public lands, and to allow claimant, entryman, or other claimant of record opportunity to file a denial of the charges against the entry or claim, and to be heard thereon if he so desires. 2. Upon receipt of the special agent’s report this office will consider the same and determine therefrom whether the charges, if true, would warrant the rejection on cancellation of the entry or claim. 3. Should the charges, if not disputed, justify the rejection or can- cellation of the entry or claim the local officers will be duly notified thereof and directed to issue notice of such charges in the manner and of form hereinafter provided for, which notice must be served upon the entryman and other parties in interest shown to be entitled to notice. 4. The notice must be written or printed and must state fully the charges as contained in the letter of this office, the number of the entry or claim, subdivision of land involved, name of entryman or claimant or other known parties in interest. _Contents of no- 5, The notice must also state that the charges will be accepted as tice. Service charges. true, (a) unless the entryman or claimant files in the local office within 30. days from receipt of notice a written denial, under oath, of said charges, with an application for a hearing, (6) or if he fails to appear at any hearing that may be ordered in the case. 6. Notice of the charges may in all cases be served personally upon the proper party by any officer or person, or by registered letter mailed to the last address of the party to be notified, as shown by the record, and to the post office nearest to the land. Proof of personal service shall be the written acknowledgement of the person served, or the affidavit of the person who served the notice attached thereto, stating the time, place, and manner of service. Proof of service of notice by registered mail shall consist of the affidavit of the person who mailed the notices, attached to the post-office registry return receipts, or the returned un- claimed registered letters. NATIONAL FOREST MANUAL——LAWS. 19 7. Ifa hearing is asked for, the local officers will consider the same, Dates for hear- and confer with the chief of field division relative thereto and fix a date !"&- for the hearing, due notice of which must be given entryman or claim- ant. The above notice may be served by registered mail. By ordi- nary mail a like notice will be sent the chief of Field Division, and when the land is in a national forest the proper forest field officer will be also notified. 8. The chief of Field Division will duly submit, upon the form pro-_ Estimate of ex- vided therefor, to this office, an estimate of the probable expense P°™°: required on behalf of the Government. He will also cause to be served subpcenas upon the Government witnesses and take such other steps as are necessary to prepare the case for prosecution. 9. The special agent must appear with his witnesses on the date and ,_ Appearance at at the place fixed for said hearing, unless he has reason to believe that P°2"!E- no appearance for the defense will be made, in which event no appear- ance on behalf of the Government will be required. The special agent must, therefore, keep advised as to whether the defendant intends to appearat the hearing. The Chief of Field Division may, when present, conduct the hearing on behalf of the Government. 10. If the entryman or claimant fails to deny the charges under oath Default by and apply for a hearing, or fails to appear at the hearing ordered without (#!™="t- showing good cause therefor, such failure will be taken as an admission of the truth of the charges contained in the special agent’s report and will obviate any necessity for the Government’s submitting evidence in support thereof, and the register and receiver will forthwith for- ward the case with recommendation thereon to the General Land Office and notify the parties by registered mail of the action taken. 11. Upon the day set for the hearing and the day to which it may be , Conduct of hear- continued the testimony of the witnesses for either party may be sub-'"® mitted, and both parties, if present, may examine and cross-examine the witnesses, under the rules, the Government to assume the burden of proving the special agent’s charges. 12. Ifa hearing is had, as provided in paragraph 11, the local officers Decision of lo- will render their decision upon the record, giving due notice thereof in ©! Meets: the usual manner. 13. Appeals or briefs must be filed under the rules and served upon , Appeals and the special agent in charge of hearing, and when land is in a National P™S- Forest upon the proper district assistant to the Solicitor of the Depart-, Service on So- ment of Agriculture. The special agent will not file any appeal or brief iit". unless directed to do so by this office or the Chief of Field Division. 14, The above proceedings will be governed by the Rulesof Practice. Practice. All notices served on claimants or entrymen must likewise be served upon transferees or mortgagees. Very respectfully, FRED DENNETT, Commissioner. Approved: R. A. Batirneer, Secretary. Finau Proor Notices, etc.—Copies To Forest OFFicers. By instructions of December 31, 1910 (39 L. D., 436), in all cases of applications to make final proof, final entry, or to purchase lands under any public-land law, the registers and receivers are directed to furnish the proper forest officers with copies thereof in triplicate when the lands affected are in the National Forests. Firuinc or Townsuie PLtats—Norvices to Forest OFFICERS. Instructions of January 9, 1911 (39 L. D., 446), to registers and receivers: ‘‘In all cases where you hereafter receive plats of the surveys of any townships wholly or in part within National Forests, with instructicns to file them in your office, you will at once mail to the supervisors of the National Forests within which such townships are located a copy of the notice of such filing required by the instructions of October 21, 1885 (4 L. D., 202), for their instruction and guidance.” 90 NATIONAL FOREST MANUAL—LAWS. Jorn? CrrcuLtaR oF NovEMBER 25, 1910 (39 L. D., 374), Renatine To PROCEDURE IN CLAIMS CASES AFFECTING THE NATIONAL Forests. To the Commissioner, chief of field service, Chiefs of Field Division, registers and receivers, General Land Office, Department of the Interior; the Forester, district foresters, forest supervisors, Forest Service, Depart- ment of Agriculture; the Solicitor and district assistants to the Solicitor, Department of Agriculture. GENTLEMEN: To better effectuate cooperation in protecting the interests of the Government and settlers and others claimants to lands within National Forests, the following order is effective, superseding order of June 25, 1910 (39 L. D., 52): Supervisors’ re- 1. Forest supervisors will submit all reports made by forest officers ports. to the proper district forester, who will make a careful examination of them. Action by dis- _ If the district forester is of the opinion that no contest should be trict forester. instituted he will transmit the report directly to the proper Chief of Field Division with an indorsement of ‘‘No protest,’’ except that in the case of claims under the mining laws which have not been examined for mineral discovery, the notice of ‘‘ No protest” will be by letter from the district forester to the Chief of Field Division, instead of by the Action by Chief transmittal of an indorsed report. Should the Chief of Field Division of Field Division. desire further information he will return the report directly to the district forester, requesting such additional investigation as may be necessary; or, if he deems it advisable, he will cause an agent of the General Land Office to make such additional investigation. If the Chief of Field Division is of opinion that no hearing is necessary, he will transmit the report, or the letter of ‘‘no protest,’’ to the Commis- sioner of the General Land Office with his recommendations. If the district forester isof opinion that a contest should be instituted _Action by as- he will refer the report to the district assistant to the Solicitor for exam- 7 aah Solici- ination as to the sufficiency of law and evidence, and if found to be 3 sufficient he will return it to the district forester with a draft of the charges against the claim to be recommended to the Chief of Field Division. If the district assistant to the Solicitor is of opinion that additional evidence is necessary, he will call this to the attention of the district forester, who will order such additional investigation as may be required and will resubmit the report with the additional evidence to the district assistant to the Solicitor, who, if then satisfied that a contest should be instituted, will pursue the course outlined above. When the final report, with the draft of charges to be recommended to the Chief of Field Division, is returned to the district forester by the district assistant to the Solicitor, the district forester will transmit it directly to the Chief of Field Division with a recommendation that a contest be instituted upon the charges indicated. If the district assist- Action by For- ant to the Solicitor, after full review of the final report, is of opinion ester and Solici- that a contest should not be instituted, he will so advise the district pe forester and if the latter is still of opinion that a contest should be instituted, the papers in the case will be referred to the Forester for consultation with the Solicitor, and, if need be, for submission to the Secretary of Agriculture, and, after decision, the papers will be returned by the Forester to the district forester with notice of decision and Report of Chief appropriate instructions. Should the Chief of Field Division find the of Field Division. report, in his opinion, insufficient to warrant adverse proceedings, he will return it directly to the district forester, requesting such additional investigation as may be necessary; or, if he deems it advisable, he will cause an agent of the General Land Office to make such additional investigation. If, after receipt of the complete report, the Chief of Field Division is of opinion that adverse proceedings should be ordered, he will transmit the report, together with the district forester’s letter of recommendations, to the Commissioner of the General Land Office with a letter of transmittal recommending the ordering of a hearin before the register and receiver upon the charges suggested by him an noted in his letter of transmittal. If, after receipt of complete report from the district forester recommending adverse proceedings, the Chief of Field Division is of opinion that a hearing is unwarranted, he will NATIONAL FOREST MANUAL—LAWS. transmit the report, the district forester’s letter of recommendations, and his own recommendations to the Commissioner of the General Land Office for decision. Should the Commissioner of the General Land Office approve the recommendations of the Chief of Field Divi- sion, he will notify the Solicitor of the Department of Agriculture. 2. Upon order or application for hearings upon reports covering lands or claims within a National Forest, the register and receiver will send duplicate notices thereof to the Chief of Field Division and the proper district assistant to the Solicitor. Before setting date for the hearing in any such case, the Chief of Field Division will confer with the proper district assistant to the Solicitor and thereupon suggest to the register and receiver a date for hearing, and the names of witnesses to be sub- posers upon behalf of the Government. In the event the Chief of ield Division and the district assistant to the Solicitor are unable to agree as to the date of hearing, the matter will be referred by the Chief of Field Division to the Commissioner of the General Land Office, who will issue the necessary directions. 3. In all hearings affecting lands or claims within a National Forest, the Chief of Field Division or a special agent of the General Land Office, and the district assistant to the Solicitor, will be entered of record as appearing on behalf of the Government. The Chief of Field Division or special agent of the General Land Office acting as attorney for the Government in any such case will control the Government’s side of the case in any matter as to which counsel are unable to agree, subject to any direction that may be given by the Commissioner of the General Land Office in case the matters of difference are of such importance as to be presented to him for action. 4. In all Government cases before registers and receivers involving lands or claims within a National Forest, the Chief of Field Division and the district assistant to the Solicitor shall each be served with notice of all appeals, motions, orders, and decisions required to be noted under the rules in cases of private contests. The proper law officers of the Department of Agriculture shall also have a right of appeal from any decision by the Commissioner of the General Land Office, and to file motion for review in the department, or take other like action in the same manner as a private contestant; and shall receive like notices of proceedings and decisions: Provided, however, That the Department of Agriculture shall not be required to take formal appeals from decisions of registers and receivers. 5. Costs incident to hearings before registers and receivers in Govern- ment cases involving lands or claims within a National Forest will be paid under rules now in force. Expenses incident to appeals will be paid by the Department of Agriculture; except that, where feasible, Chiefs of Field Division may give aid in office work in preparation of papers, briefs, etc. Very respectfully, R. A. BALLINGER, Secretary of the Interior. JAMES WILSON, Secretary of Agriculture. HOMESTEAD LAWS. Basic Provisions oF THE HomestEAD Laws Most GENERALLY AFFECTING ForEstT SERVICE WoRK. UNITED STATES REVISED STATUTES. Src. 2288. Any bona, fide settler under the preemption, homestead, or other settlement law shall have the right to transfer by warranty against his own acts any portion of his claim for church, cemetery, or school purposes, or for the right of way of railroads, telegraph, tele- hones, canals, reservoirs, or ditches for irrigation or drainage across it; and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to hisclaim. (As amended Mar. 3, 1905, 33 Stat., 991.) Src. 2289. Every person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United 21 Hearings. Setting dates. Appearances for Government, Notices of ap- peal. Appeals by So- licitor. Costs and ex- penses. Transfer of homestead lands. 29 Persons rights. Mode of pro- cedure. NATIONAL FOREST MANUAL—LAWS. States, or who has filed his declaration of intention to become such, enti- a8 required by the naturalization laws, shall be entitled to enter one tled to homestead quarter-section, or a less quantity, of unappropriated public lands, to Certificate and patent. Widows and heirs. Infant children. Persons in mili- tary or service. naval be located in a body in conformity to the legal subdivisions of the public lands; but no person who is the proprietor of more than one hundred and sixty acres of land in any State or Territory shall acquire any right under the homestead law. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. (As amended Mar. 3, 1891, 26 Stat., 1098.) Src. 2290. That any person applying to enter land under the pre- ceding section shall first make and subscribe before the proper officer and file in the proper land office an affidavit that he or she is the head of a family, or 1s over twenty-one years of age, and that such applica- tion is honestly and in good faith made for the purpose of actual set- tlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that he or she will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for; that he or she is not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that he or she does not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for himself, or herself, and that he or she has not directly or indirectly made, and will not make, any agreement or contract in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which he or she might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person, except himself, or herself, and upon filing such affidavit with the register or receiver on payment of five dollars, when the entry is of not more than eighty acres, and on payment of ten dollars, when the entry is for more than eighty acres, he or she shall thereupon be permitted to enter the amount of land specified. (As amended Mar. 3, 1891, 26 Stat., 1098.) Src. 2291. No certificate, however, shall be given, or patent issued therefor, until the expiration of five years from the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry; or if he be dead, his widow; or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty-eight, and that he, she, or they will bear true allegiance to the Government of the United States; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled toa patent, as in other cases provided by daw. Src. 2292. In case of the death of both father and mother, leaving an infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of such infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office fees and sum of money above specified. Sec. 2293. In case of any person desirous of availing himself of the benefits of this chapter, but who, by reason of actual service in the military or naval service of the United States, is unable to do the personel preliminary acts at the district land office which the preced- ing sections require; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bona fide improvement and settlement have been made, such person may NATIONAL FOREST MANUAL—LAWS. 23 make the affidavit required by law before the officer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the application ane affidavit are accompanied by the fee and commissions as required aw. "dat. 2294. That hereafter all proofs, affidavits, and oaths of any Affidavits and kind whatsoever required to be made by applicants and entrymen ene wae under the homestead, preemption, timber-culture, d2sert-land, and ; timber and stone acts, may, in addition to those now authorized to take such affidavits, proofs, and oaths, be made before any United States commissioner or commissioner of the court exercising Federal jurisdiction in the Territory or before the judge or clerk of any court of record in the county, parish, or land district in which the lands are situated: Provided, That in case the affidavits, proofs, and oaths hereinbefore mentioned be taken out of the county in which the land is located the applicant must show by affidavit, satisfactory to the Com- missioner of the General Land Office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and oaths in the land districts in which the lands applied for are located; but such showing by affidavit need not be made in making final proof if the proof be taken in the town or city where the newspaper is pub- lished in which the final proof notice is printed. The proof, affidavit, and oath, when so made and duly subscribed, or which may have heretofore been so made and duly subscribed, shall have the same force and effect as if made before the register and receiver, when transmitted to them with the fees and commissions allowed and required by law. That if any witness making such proof, or any applicant False swearing. making such affidavit or oath, shall knowingly, willfully, er corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. That the fees for entries and for final proofs, when made ose any other officer than the register and receiver, shall be as ollows: ‘For each affidavit, twenty-five cents. Fees. “‘For each deposition of claimant or witness, when not prepared by the officer, twenty-five cents, ‘‘For each deposition of claimant or witness, prepared by the officer, one dollar. “Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction shall be pun- ished for each offense by a fine not exceeding one hundred dollars.”’ (As amended Mar. 4, 1904, 33 Stat., 59.) * * * * * Src. 2296. No lands acquired under the provisions of this chapter Homesteads shall in any event become liable to the satisfaction of any debt con- Ba parece be tracted prior to the issuing of the patent therefor. i Sec. 2297. If, at any time after the filing of the affidavit, as required in section twenty-two hundred and ninety, and before the expiration | of the five years mentioned in section twenty-two hundred and ninety- one, it is proved, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit WEA aves ts to has actually changed his residence, or abandoned the land for more U™¢ States. than six months at any time, then and in that event the land so entered shall revert to the Government: Provided, That where there may be climatic reasons the Commissioner of the Gener?! Land Office may, in his discretion, allow the settler twelve months from the date of filing in which to commence his residence on said land under such rules and regulations as he may prescribe. (As amended Mar. 3, 1881, 21 Stat., 511.) Src. 2298. No person shall be permitted to acquire title to more Jimited to than one quarter section under the provisions of this chapter. qubrier sechion. Sec. 2301. Nothing in this chapter shall be so construed as to pre- Commutation. vent any person who shall hereafter avail himself of the benefits of 24 Race and color. Certificate and patent. Rights of widow and heirs. Leaves of ab- sence. Commutation. Cultivation. NATIONAL FOREST MANUAL—LAWS. section twenty-two hundred and eighty-nine from paying the mini- mum price for the quantity of land so entered at any time after the expiration of fourteen calendar months from the date of such entry, ane obtaining a patent therefor, upon making proof of settlement and of residence and cultivation for such period of fourteen months, and the provision of this section shall apply to lands on the ceded portion of the Sioux Reservation by act approved March second, eighteen hun- dred and eighty-nine, in South Dakota, but shall not relieve said set- tlers from any payments now required by law. (As amended Mar. 3, 1891, 26 Stat., 1098.) Src. 2302. No distinction shall be made in the construction or exe- cution of this chapter on account of race or color; nor shall any mineral lands be liable ot entry and settlement under its provision. SprciaAL PRovIsIONS IN Favor oF SOLDIERS ‘AND SAILORS. Revised Statutes sections 2300; 2304 and 2305, both as amended by Act of March 1, 1901 31 Stat., 487); 2306 and sundry civil appropriation act of August 18, 1894, sec. 1 (28 tat., 397); 2307; 2308 and act of June 16, 1898 (30 Stat., 473); 2309. THREE YEAR HOMESTEAD LAW. Act of June 6, 1912 (37 Stat. 123). That section twenty-two hundred and ninety-one and section twenty-two hundred and ninety-seven of the Revised Statutes of the United States be amended to read as follows: “Sec. 2291. No certificate, however, shall be given or patent issued therefor until the expiration of three years from the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry, or if he be dead his widow, or in case of her death his heirs or devisee, or in case of a widow making such entry her heirs or devisee, in case of her death, proves by himself and by two credible witnesses that he, she, or they have a habitable house upon the land and have actually resided upon and cultivated the same for the term of three years succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty-eight, and that he, she, or they will bear true allegiance to the Government of the United States, then in such case he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by law: Provided, That upon filing in the local land office notice of the beginning of such absence, the entryman shall be entitled to a continuous leave of absence from the land for a period not exceeding five months in each year after establishing residence, and upon the termination of such absence the entryman shall file a notice of such termination in the local land office, but in case of commutation the fourteen months’ actual residence as now required by law must be shown, and the person commuting must be at the time a citizen of the United States: Provided, That when the person making entry dies before the offer of final proof those succeeding to the entry must show that the entryman had complied with the law in all respects to the date of his death and that they have since complied with the law in all respects, as would have been required of the entryman had he lived, excepting that they are relieved from any requirement of residence upon the land: Provided further, That the entryman shall, in order to comply with the requirements of cultivation herein provided for, cultivate not - less than one-sixteenth of the area of his entry, beginning with the second year of the entry, and not less than one-eighth, beginning with the third year of the entry, and until final proof, except that in the case of entries under section six of the enlarged-homestead law double the area of cultivation herein provided shall be required, but the Secretary of the Interior may, upon a satisfactory showing, under rules and regulations prescribed by him, reduce the required area of cultivation: Provided, That the above provision as to culti- vation shall not apply to entries under the act of April twenty-eighth, NATIONAL FOREST MANUAL—LAWS. 95 nineteen hundred and four, commonly known as the Kinkaid Act, Reclamation or entries under the act of June seventeenth, nineteen hundred an es ee two, commonly known as the reclamation act, and that the provisions =~ : of this section relative to the homestead period shall apply to all unperfected entries as well as entries hereafter made upon which residence is required: Provided, That the Secretary of the Interior shall, within sixty days after the passage of this act, send a copy of the same to each homestead entryman of record who may be affected thereby, by ordinary mail to his last known address, and any such entryman may, by giving notice within one hundred and twenty days after the passage of this act, by registered letter to the register and receiver of the local land office, elect to make proof upon his entry , Right of elec- under the law under which the same was made without regard to the "'°": provisions of this act.’’ [But see next below, from sundry civil appropriation act Aug. 24, 1912.] “Src. 2297. If, at any time after the filing of the affidavit as required in section twenty-two hundred and ninety and before the expiration of the three years mentioned in section twenty-two hundred and ninety-one, it is proved, after due notice to the settler, to the satisfaction of the register of the land office that the person having filed such affidavit has failed to establish residence within six months after the date of entry, or abandoned the land for more than six months at any time, then and in that event the land so entered shall revert to the Government: Provided, That the three years’ period of _Reverter to residence herein fixed shall date from the time of establishing actual United States. permanent residence upon the land: And provided further, That where C0 m mence- there may be climatic reasons, sickness, or other unavoidable cause, Ment of residence the Commissioner of the General Land Office may, in his discretion, : allow the settler twelve months from the date of filing in which to commence his residence on said land under such rules and regulations as he may prescribe’’. Sundry civil appropriation act of August 24, 1912 (37 Stat., 455). That the failure of a homestead entryman to give notice of election of making his proof as required by the act of June sixth, nineteen hundred and twelve, being an act to amend sections [twenty-] two hundred and ninety-one and [twenty-] two hundred and ninety-seven of the Revised Statutes of the United States, relating to homesteads, shall not in anywise prejudice his rights to proceed in accordance with the law under which such entry was made. Act of May 14, 1880, sec. 3 (21 Stat., 140). Sec. 3. That any settler who has settled, or who shall hereafter Settlement settle, on any of the public lands of the United States, whether sur- ae time. for veyed or unsurveyed, with the intention of claiming the same under : the homestead laws, shall be allowed the same time to file his home- stead application and perfect his original entry in the United States Land Office as is now allowed to settlers under the preemption laws to put their claims on record, and his right shall relate back to the date of settlement the same as if he settled under the preemption laws. Act of March 3, 1911 (36 Stat., 1084), tee certain homestead entries in National orests. That all homestead entries which have been canceled or relin-,, Canceled or re- quished, or are invalid solely because of the erroneous allowance of park Leese ere such entries after the withdrawal of lands for national forest purposes, ws may be reinstated or allowed to remain intact, but in the case of entries heretofore canceled applications for reinstatement must be filed in the proper local land office prior to July first, nineteen hundred and twelve. Src. 2. That in all cases where contests were initiated under the Contests, pref- provisions of the act of May fourteenth, eighteen hundred and eighty, ““"°° ment. prior to the withdrawal of the land for national forest purposes, the qualified successful contestants may exercise their preference right to enter the land within six months after the passage of this act. 26 NATIONAL FOREST MANUAL—LAWS. Act of March 3, 1891 (26 Stat., 1093). AN ACT To amend section eight of an act approved March third, eighteen hundred and ninety-one, entitled ““An act to repeal timber culture laws and for other purposes.’’ That section eight of an act entitled ‘‘An act to repeal timber-culture laws, and for other purposes” approved March third, eighteen hundred mr ninety-one, be, and the same is hereby amended so as to read as ollows: Suits to vacate ‘‘Sxo. 8. That suits by the United States to vacate and annul any pes. patent heretofore issued shall only be brought within five years from the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents.‘ And in the States of Colorado, Montana, Idaho, North Dakota, and South Dakota, Wyoming and the District of Alaska, and the gold and silver regions of Nevada and the Territory of Utah, in any criminal ian ec or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber cut thereon, it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timber lands for use in such State or Territory by a resident thereof fer agricultural, mining, manufacturing, or domestic purposes under rules and regula- tions made and prescribed by the Secretary of the Interior, and has not been transported out of the same; but nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domains: Provided, That the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber except as may be prescribed by such rules and regulations; but this act shall not operate to repeal the act of June third, eighteen hundred and seventy-eight, providing for cutting of timber on mineral lands. Act of February 3, 1911 (36 Stat., 896). AN ACT Providing for second homestead and desert-land entries. Secondhome- That any person, who, prior to the approval of this act, has made stead entries. entry under the homestead or desert-land laws, but who, subsequently to such entry, from any cause shall have lost, forfeited or abandoned the same, shall be entitled to the benefits of the homestead or desert- land laws as though such former entry had not been made, and any per- son applying for a second homestead or desert-land entry under this act shall furnish a description and the date of his former entry: Provided, That the provisions of this act shall not apply to any person whose former entry was canceled for fraud, or who relinquished his former entry for a valuable consideration in excess of the filing fees paid by him on his original entry. See also act of June 5, 1900, sec. 2 (31 Stat., 267); act of May 22, 1902, sec. 2 (32 Stat., 203); and act of Feb. 8, 1908 (35 Stat., 6). LimiraTIon TO 320 ACRES UNDER ALL LAND Laws, Exceptine MIn- ERAL Laws. Act August 30, 1890 (26 Stat., 391). Act March 3, 1891, section 17 (26 Stat., 1095). FREE HoMESTEADS ON CERTAIN INDIAN LANDS OPENED TO SETTLE- MENT. Act May 17, 1900 (31 Stat., 179). Act June 26, 1901 (31 Stat., 740). ADDITIONAL HOMESTEAD ENTRIES. Act March 2, 1889, section 6 (25 Stat., 854). Act April 28, 1904, sections 2 and 3 (33 Stat., 527). 1 Such suits must be based on a showing of fraud as distinguished from noncompliance with law, and the evidence of fraud must be clear, unequivocal, and convincing, and not 4 ae eae of evidence which leaves the issue in doubt (U.S. v. Barber, 194 ed., 24). NATIONAL FOREST MANUAL—LAWS. a7 ENLARGED HoOMESTEADS IN CERTAIN STATES. Act February 19, 1909 (35 Stat., 639). ’ Act June 17, 1910 (36 Stat., 531). CoNTESTS AND CANCELLATION OF CLAIM. PREFERENCE RIGHT. ier May 14, 1880, section 2 (21 Stat., 140), as amended by act July 26, 1892 (27 Stat. 270). : Act March 3, 1911, section 2 (36 Stat., 1084). COMMUTATION PROVISIONS. Act June 3, 1896, section 2 (29 Stat., 197). Act May 29, 1908, sections 9 and 10 (35 Stat., 465). HomMeESsTEAD BY MARRIED WoMAN. Act June 6, 1900 (31 Stat., 683). SETTLERS WHO BECOME INSANE. Act June 8, 1880 (21 Stat., 166). LEAVES OF ABSENCE. Act March 2, 1889 (25 Stat., 864), and various acts of local application. Finat Proor Notices. Act March 3, 1879 (20 Stat., 472). Act March 2, 1889, section 7 (25 Stat., 854). DISTINCTION BETWEEN OFFERED AND UNOFFERED LANDS ABOLISHED. Act May 18, 1898 (30 Stat., 418). RELINQUISHMENTS. Act May 14, 1880 (21 Stat., 140). GENERAL PROVISIONS OF THE HomEestTEAD LAws EXTENDED TO CER- TAIN LANDS IN THE YELLOWSTONE (NOW SHOSHONE) NATIONAL FOREST, ETC. Act March 15, 1906 (34 Stat., 62). HoMESTEADS IN ForMER Smtetz INDIAN RESERVATION. Act August 15, 1894 (28 Stat., 286, p.326). Act March 4, 1911 (36 Stat., 1356). HomesteAD LAws EXTENDED TO ALASKA, WITH MODIFICATIONS, ETC. PG May 14, 1898, section 1 (30 Stat., 409), as amended by act March 3, 1903 (32 Stat., 8). LANDS IN THE Biack Hitts Forest RESERVATION, SETTLED UPON AND IMPROVED BEFORE SEPTEMBER 19, 1898, MAY BE ENTERED UNDER THE HomestTEAD LAws, ETC. Sundry civil appropriation act of March 3, 1899 (20 Stat., 1074, p. 1095). DECISIONS UNDER THE HomMESTEAD LAWs. Lands subject to settlement and entry.—Land not susceptible of culti- vation or other agricultural use can not be entered under the homestead law; and an affidavit charging such facts is sufficient basis for a hear- ing. (Davis v. Gibson, 38 L. D., 265.) 28 NATIONAL FOREST MANUAL—LAWS. Land which is so mountainous, rough, broken, heavily timbered, and of such poor quality that it is impossible of cultivation is not subject to homestead entry. (Winninghoif v. Ryan, 40 L. D., 342.) The fact that land is covered with valuable timber does not exclude it from entry under the homestead law, where of such character that it would be suitable for agricultural use if the timber were removed; but land of a character not adaptable to any agricultural use is not subject to homestead entry. (Finley v. Ness, 38 L. D., 394; see also Davis v. Gibson, 38 L. D., 265. + Lands having little or no agricultural value and chiefly valuable as containing the entrance to an extensive and beautiful cavern is not enterable under the homestead laws by one whose acts show that he desires the land for the control of the cavern and not for a bona fide agricultural home. (South Dakota Min. Co. v.McDonald, 30 L. D., 357.) Qualifications of entrymen.—Section 2289 of the Revised Statutes spe- cifically declares that one who is the proprietor of more than 160 acres of land is disqualified to make homestead entry, and the Land Depart- ment is therefore without power of invoking the maxim de minimis non curat lex to hold so qualified one who owns more than 160 acres, notwithstanding the excess may be less than lacre. (In this case home- stead entryman owned 160 acres and a town lot 50 by 142 feet.) (Sorli v. Berg, 40 L. D., 259.) One who enters into an oral agreement to purchase land and makes part payment of the purchase price is not the proprietor of land within the meaning of the provisions of the homestead law declaring disquali- fied to make homestead entry one who is the proprietor of more than 160 acres where under the laws of that State such oral agreement and part payment do not constitute such part performance as will take the contract out of the statute of frauds. (Earhart v. Rein, 38 L. D., 613.) Heirs.—On the death of a homesteader leaving widow and heirs the widow takes the homestead right of her husband free from any claim on behalf of the heirs, and is vested with full power to complete the entry for her own benefit, or relinquish the same, if she so elects. (Steberg v. Hanelt, 26 L. D., 436.) On the death of the entryman, the right goes to the widow, or in case of her death, to the heirs or devisee, who may complete the entry by either residing on the land or cultivating the same for the required period, but need not do both. (Heirs of Stevenson v. Cunningham, 32 L. D., 650; see also Meeboer v. Heirs of Schut, 35 L. D., 335.) The heirs of a deceased homestead entryman, who during his lifetime failed to comply with the law, may complete the entry by either resid- ing upon or cultivating the land for the full period of five years, if sufficient of the lifetime of the entry remains for that purpose; or may commute upon a showing of residence and cultivation for a period of 14 months but can not commute upon a showing of cultivation alone. (Wilson v. Heirs of Smith, 37 L. D., 519.) Upon the death of an entryman those upon whom the statute casts the right to perfect title under the entry are merely required to con- tinue cultivation and improvement of the land, so that failure to cul- tivate in any given year subjects the entry to contest and possible cancellation. (Hon v. Martinas, 41 L. D., 119.) This case overrules Heirs of Stevenson v. Cunningham, Meeboer v. Heirs of Schut, and Wilson v. Heirs of Smith, swpra, so far as in conflict. Squatters on unsurveyed lands.—Settlements may be made under the homestead laws by all persons qualified to make either an original or a second homestead entry, * * * and in order to make settlement a settler must personally go upon and improve or establish residence on the land he desires. By making settlement in this way, the settler gains the right to enter the land settled upon as against all other per- sons, but not as against the Government, should the land be withdrawn by it for other purposes. (Par. 4, Suggestions to Homesteaders and Persons Desiring to Make Homestead Entries, approved Apr. 20, 1911.) The qualifications requisite on the part of a homesteader must exist at the date of entry and if, after settlement and prior to entry, the settler for any reason becomes disqualified, the privilege gained by settlement is lost. (Brown v. Cagle, 30 L. D., 8.) NATIONAL FOREST MANUAL—LAWS. The widow of a homestead settler who had not prior to his death established bona fide residence on the land must thereafter both reside on and cultivate the land in her own right at least in the presence of a forest withdrawal. (Susan A. Leonard, 40 L. D., 429.) Residence.—The object of the homestead laws is the donation of public lands to persons seeking to establish and maintain agricultural homes thereon, conditioned upon actual occupancy of the same as a home, and cultivation and improvement of the land; and mere occasional visits to the claim do not meet the requirements of the law. (Oscar O. Reeg, 40 L. D., 206.) The homestead law contemplates a continuous compliance both as to residence and cultivation, beginning with the date of entry. (Hon v. Martinas, 41 L. D., 119.) The law contemplates that the entryman shall make the land his permanent home to the exclusion of a home elsewhere; and an entry merely for the purposes of a summer home during three or four months of the year while maintaining a home elsewhere the rest of the time is invalid. (George W. Harpst, 36 L. D., 166.) A homestead entry made with no intention of establishing a perma- nent, bona fide home upon the land, but merely with a view to submit- ting a showing sufficient to support commutation, must be canceled, notwithstanding the proof shows full technical compliance with respect to inhabitancy of the land for the period ordinarily required in commu- tation cases. (Gilbert Satrang, 37 L. D., 683, syllabus.) Credit for constructive residence during official employment will not be allowed to homestead entrymen appointed to office on or after March 1, 1909. Such credit will be given only to entrymen who establish residence on their claims and are thereaiter elected to office. (37 L. D., 449.) Commutation—Residence.—The purpose of the homestead law is the donation of the public lands to actual settlers seeking to establish bona fide homes thereon, and the provision respecting commutation in no wise changes that purpose, but merely affords a means of commuting further residence to cash in meritorious cases, lawfully initiated and prosecuted to the date of commutation. (Gilbert Satrang, 37 L. D., 683, syllabus. ) Credit for constructive residence during official employment will not be allowed in the commutation of homestead entries. Commuta- tion may be allowed only upon a showing of actual and substantially continuous perones upon the land for the required period. (Ed. Jen- kins, 37 L. D., 434.) The fact that lands may be chiefly valuable for the timber thereon does not exclude them from settlement and entry under the homestead law, but it must clearly,appear that the settlement or entry was made in good faith, for the purpose of making the tract a home, and where the entryman in such case submits commutation proof and pays a rice to cut short the period of residence required by the homestead aw, he invites scrutiny and challenges judgment as to the good faith ofhisentry. (Patten v. Quackenbush, 35 L. D., 561.) Cultivation.—Cultivation is an essential requisite to compliance with the homestead law, and a hearing may be had on a charge of nonculti- vation, even when unaccompanied by a sufficient charge of nonresi- dence. (Norton v. Ackley, 29 L. D., 561.) Under the three-year homestead law a mere breaking of the soil will not meet the terms of the statute, but such breaking or stirring of the soil must also be accompanied by planting or the sowing of seed and tillage for a crop other than native grasses. Circular of July 15, 1912 (41 L. D:, 103, 105.) The homestead law ‘‘requires not only bona fide residence upon the land, but actual cultivation. Claimant’s cultivation is grossly inade- quate to meet the requirements of the law, and in its inadequacy casts further doubt upon the bona fides of the residence. The cutting of wild hay from a homestead entry can not be considered seriously as cul- tivationof theland. Thisis particularly true when the part of the land from which the hay was not cut has not been used for grazing purposes; and also when the total cultivation during the life of the entry amounts to not more than half an acre planted to crops and an additional acre 29 30 Secretary of Ag- riculture author- ized to list agri- cultural lands. Metes and bounds descrip- tions. NATIONAL FOREST MANUAL—LAWS. plowed. A pretense of cultivation can not satisfy the requirements of the law any more than a pretense of residence.’’ (Ingelev J. Glom- set, 36 L. D., 255.) The use of land for the raising of hogs is an agricultural use, and where the land is better adapted to that use than tillage of the soil, meets the requirements of the homestead law with respect to cultiva- tion. (George Hathaway, 38 L. D., 33, syllabus.) Cultivation must be continuous from date of entry. (Hon v. Mar- tinas, 41 L. D., 119.) Contest and protest.—The proviso to section 7 of the act of March 3, 1891, directing issuance of patent where two years have elapsed since issuance of final receipt in the absence of contest or protest, has no appli- cation to proceedings by the Land Department in disposing of final proof after the lapse of two years. (Mertie C. Fraganza, 40 L. D., 300.) In this case there is no individual adverse claimant, but the Govern- ment, by its Chief Executive, has claimed the land within the bound- aries of said reservation for a specific public purpose (i. e. a forest reservation), excepting only the lands ote within the above cate- gory; and the Executive order, reserving the land for a specific public purpose must be held to be at least as effective upon the claims of set- tlers as would be the adverse claim of one who wished the land for his own use.”’ Held, therefore, that a settler who failed to file his applica- tion for entry within three months after the plat of survey was filed in the local land office, was precluded from making entry in the presence of an intervening forestry withdrawal. (Joshua L. Smith, 31 L. D., 57; see also Hattie E. Bradley, 34 L. D., 191, 193, and Esther F. Filer, 36 L. D., 360, 363.) A decision by the Secretary of the Interior that a telegram and letter from a special agent of the General Land Office, alleging fraud in a num- ber of commuted entries and suggesting delay in issuing patents pend- ing further examination, constitutes a “‘protest” in the meaning of the act of March 3, 1891 (26 Stat., 1099), requiring issuance of patent within two years after final receipt when no “‘contest or protest is pending,” is not reviewable on an application for a writ of mandamus. Fisher v. bat States ex rel., Grand Rapids Timber Co. (Ct. of Appeals D. C.), 40 L. D., 278. Section 2 of the act of March 3, 1911 (36 Stat., 1084), validating cer- tain homestead entries in national forests applies to all contests initi- ated under the act of May 14, 1880, prior to the forestry withdrawal, where cancellation of the entry results therefrom, regardless of whether the cancellation was procured prior or subsequent to the withdrawal. (Sante Fe Pacific R. R. Co.} 39'L. D.; 611.) Miscellaneous.—The excepting clause of the Olympic National Forest proclamation ceases to apply in behalf of a settler who fails to make entry or filing for the hands within the time allowed by law. (Arnold Wink, 31 L. D., 47.) On the relinquishment of a homestead entry within the San Francisco Mountains Forest Reserve, the lands become a part of the forest reserve and are not open to subsequent entry. (E. 8. Gosney, 29 L. D., 44.) uae homestead law.—See Circular of July 15, 1912. (41 L. D., 103. AGRICULTURAL LANDS IN NATIONAL FORESTS. Act of June 11, 1906 (34 Stat., 233), to provide for the entry of agricultural lands within forest reserves. The Secretary of Agriculture may, in his discretion, and he is hereby authorized, upon application or otherwise, to examine and ascertain as to the location a extent of lands within permanent or temporary forest reserves, except the following counties in the State of California, Inyo, Tulare, Kern, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego; which are chiefly valuable for agriculture, and which, in his opinion, may be occupied for agricultural purposes without injury to the forest reserves, and which are not needed for public purposes, and may list and describe the same by metes and bounds, or otherwise. and file the lists and descriptions with the Secretary of the Interior, with the request that the said lands be opened to entry in accordance with the provisions of the homestead laws and this act. NATIONAL FOREST MANUAL—LAWS. 31 Upon the filing of any such list or description the Secretary of the , Secretary of the Interior shall declare the said lands open to homestead settlement and “pet deer a entry in tracts not exceeding one hundred and sixty acres in area and try. not exceeding one mile in length, at the expiration of sixty days from the filing of the list in the land office of the district within which the lands are located, during which period the said list or description shall be prominently posted in the land office and advertised for a period of _ Lands shall be not less than four weeks in one newspaper of general circulation pub- #4vertsed. lished in the county in which the lands are situated: Provided, That any settler actually eecupying and in good faith claiming such lands for agricultural purposes prior to January first, nineteen hundred and six, and who shall not have abandoned the same, and the person, if qualified to make a homestead entry, upon whose application the land proposed to be entered was examined and listed, shall, each in the order named, have a preference right of settlement and entry: Pro- vided further, That any entryman desiring to obtain patent to any lands described by metes and bounds entered by him under the provisions of this act shall, within five years of the date of making settlement, file, with the required proof of residence and cultivation, a plat and pyat ana field field notes of the lands entered, made by or under the direction of the notes to be filed. United States surveyor general, showing accurately the boundaries of such lands, which shall be distinctly marked by monuments on the ground, and by posting a copy of such plat, together with a notice of _ Notices shall be the time and place of offering proof, in a conspicuous place on the land posied. embraced in such plat during the period prescribed by law for the publication of his notice of intention to offer proof, and that a copy of such plat and field notes shall also be kept posted in the office of the register of the land office for the land district in which such lands are situated for a like period; and further, that any agricultural lands within forest reserves may, at the discretion of the Secretary, be sur- Secretary may veyed by metes and bounds, and that no lands entered under the SWY7¥, b¥ motes provisions of this act shall be patented under the commutation _pro- bali) visions of the homestead laws, but settlers, upon final proof, shall have ego Ban aRne voit for the period of their actual residence upon the lands covered by cable. their entries. Sec. 2. That settlers upon lands chiefly valuable for agriculture Additional within forest reserves on January first, nineteen hundred and six, who "ght, siven | to have already exercised or lost their homestead privilege, but are other- prior to Jan. 1, wise competent to enter lands under the homestead laws, are hereby 1906. granted an additional homestead right of entry for the purposes of this act only, and such settlers must otherwise comply with the provisions of the homestead law, and in addition thereto must pay two dollars and fifty cents per acre for lands entered under the provisions of this section, such payment to be made at the time of making final proof on such lands. Src. 3. That all entries under this act in the Black Hills Forest | Entriesin Black Reserve shall be subject to the quartz or lode mining laws of the United uae ate ae States, and the laws and regulations permitting the location, appro- mining law. priation, and use of the waters within the said forest reserves for mining, irrigation, and other purposes; and no titles acquired to agricultural lands in said Black Hills Forest Reserve under this act shall vest in the _ Limitation con- patentee any riparian rights to any stream or streams of flowing water fonts in eee within said reserve; and that such limitation of title shall be expressed Hills. in the patents for the lands covered by such entries. Sec. 4. That no homestead settlements or entries shall be allowed _ Lawrence and in that portion of the Black Hills Forest Reserve in Lawrence and PRE 5 eee Pennington Counties in South Dakota [except the following described ed. F townships in the Black Hills Forest Reserve, in Pennington County, South Dakota, to wit: Townships one north, one east; two north, one east; one north, two east; two north, two east; one south, one east; two south, one east; one south, two east; and two south, two east, Black Hills meridian], except to persons occupying lands therein prior to January first, nineteen hundred and six, and the provisions of this act shall apply to the said counties in said reserve only so far as is necessary to give and perfect title of such settlers or occupants to lands , Actual_settlers chiefly valuable for agriculture therein occupied or claimed by them le Jan. 1, 32 NATIONAL FOREST MANUAL—LAWS. prior to the said date, and all homestead entries under this act in said counties in said reserve shall be described by metes and bounds survey. (Section 4 is amended to read as above by the act of February 8, 1907 (34 Stat. 883).) Settlement be- Sxc. 5. That nothing herein contained shall be held to authorize any ree a iS future settlement on any lands within forest reserves until such lands ; have been opened to settlement as provided in this act, or to in any way impair the legal rights of any bona fide homestead settler who has or shall establish residence upon public lands prior to their inclusion within a forest reserve. (The act of May 30, 1908, 35 Stat., 554, provides that the above act ‘‘be amended by striking out of section 1 the following words: ‘Except the following counties in the State of California: Inyo, Tulare, Kern, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego.’ ’’ It will be noted that while the excepting words are stricken out the names of San Luis Obispo and Santa Barbara Counties are not stricken out). Certain lands in Lawrence and Pennington Counties, 8. Dak., ex- cepted from the operation of section 4 of the act of June 11, 1906, but continued subject to all other provisions of said act. (Act July 3, 1912, 37 Stat., 188.) Agricultural appropriation act of August 10, 1912 (87 Stat. 269). Surveys by For the expenditure under the direction of the Secretary of Agri- Forest Service. Gylture for survey and listing of lands within forest reserves chiefly valuable for agriculture and describing the same by metesan. "nds, or otherwise, as required by the act of June eleventh, nineteen .. ured and six, and the act of March third, eighteen hundred and ninety-nine, thirty-five thousand dollars: Provided, however, That any such survey and the plat and field notes thereof paid for out of this appropriation shall be made by an employee of the Forest Service under the direction Listed lands re- of the United States Surveyor General, but no land listed under the Hl eaten forest un- oo¢ of June eleventh, nineteen hundred and six, shall pass from the patented. = i forest until patent issues. Agricultural appropriation act of August 10, 1912 (37 Stat. 269). Segregation of That the Secretary of Agriculture is hereby directed and required Saas aed 41 to select, classify, and segregate, as soon as practicable, all lands within ; the boundaries of National Forests that may be opened to settlement and entry under the homestead laws applicable to the National Forests and the sum of twenty-five thousand dollars is hereby appropriated for the purposes aforesaid. Decisions RELATING TO THE LISTING OF AGRICULTURAL LANDS FOR Entry—Act JuNE 11, 1906 (34 Srat., 233). The words ‘‘chiefly valuable for agriculture,’’ as used in this statute mean merely more valuable for agriculture than for forestry purposes and a listing of the lands involves no determination as to their mineral or nonmineral character. (1 Sol. Op., 188.) In the act of June 11, 1906, authority to list agricultural lands “‘not needed for public purposes” means lands not needed for the govern- mental uses and purposes of the United States and does not extend to a need of the land for summer homes, camping and other methods of recreation. (Memorandum of Solicitor to Secretary of Agriculture, Nov. 8, 1911. Lands included in a temporary withdrawal with a view to the creation or enlargement of a National Forest and which are chiefly valuable for oR RY may be listed for entry under thisact. (28 Op. Atty. Gen., 434, 522. The preference right of settlement and entry given by the act of June 11, 1906, to the person on whose application agricultural lands have been listed for entry with the Secretary of the Interior, ceases upon the elimi- nation of the lands from the National Forest by presidential proclama- tion or Executive order. ‘‘As soon as such lands are restored to the public domain they lose entirely the National Forest status and the act NATIONAL FOREST MANUAL—LAWS. of June 11, 1906, has no application thereto.’’ (Letter Secretary of the Interior to Secretary of Agriculture, Mar. 16, 1912.) The decision last above announced is not affected by the provision in the Agricultural Appropriation Act of August 10, 1912 (37 Stat. 269), that ‘‘no lands listed * * * shall pass from the forest until patent issues.’” Taken in connection with the words preceding them, these words mean only that the lands shall not pass by virtue of the listing, and they do not limit the power of the President to elimi- nate lands by proclamation or Executive order. (Solicitor to the Forester, Aug. 31, 1912.) Prior to the enactment of the provision quoted in the preceding para- graph, the Comptroller of the Treasury and the Solicitor had both made the following ruling: Lands once listed under the act of June 11, are segregated from the National Forest and the Forest Service is not authorized to expend its appropriations for surveying the same. (Opinion of Comp. Treas., Oct. 21, 1910 (unpublished); 1 Sol. Op., 363.) Lands within a National Forest listed under the act of June 11, 1906, are not subject to disposition under the enlarged homestead act of February 19, 1909 (35 Stat. 639). (Burtis F. Oatman, 39 L. D. 604). MINING LAWS. Basic PRovIsIONS oF THE Mintinec Laws Most GENERALLY AFFECTING FOREST-SERVICE WORK. sod b Keeepdl UNITED STATES REVISED STATUTES. Sec. 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. Src. 2319. All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local cur- toms or rules of miners in the several mining districts, so far as the ae are applicable and not inconsistent with the laws of the United tates. Src. 2320. Mining claims upon veins or lodes of quartz or other rocks in place bearing gold, silver, cinnabar, lead, tin, copper, or other val- uable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hun- dred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other. Sec. 2322. The locators of all mining locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy- two, so long as they comply with the laws of the United States, and with State, Territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies 66777°—13-——3 33 Mineral land reserved. Mineral lands open to purchase by citizens. Length of min- ing claims upon veins or lodes. Locators’ rights of possession and enjoyment. 34 Extra-lateral rights. Owners of tun- nel sites. Regulations made by miners. Marking beund- aries. Annual labor. Patents for min- eral lands, how obtained. NATIONAL FOREST MANUAL—LAWS. inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. Src. 2323. Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid, but failure to prosecute the work on the tunnel for six months shall be considered as an abandon- ment of the right to all undiscovered veins on the line of such tunnel. Sec. 2324. The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold pos- session of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars’ worth of labor shall be performed or improve- ments made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars’ worth of labor shall be performed or improvements made by the tenth day of June, ciao nied and seventy-four, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such ex- penditure may be made upon any one claim; and upon a failure to comply with these conditions the claim or mine upon which such fail- ure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delin- quent should fail or refuse to contribute his proportion of the expend- iture required by this section his interest in the claim shall become the property of his co-owners who have made the required expenditures. [Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two. Amendment of Jan. 22, 1880, 21 Stat., 61.] Sec, 2325. A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, associ- ation, or corporation authorized to locate a claim under this chapter, NATIONAL FOREST MANUAL—LAWS. 35 having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such com- pliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the United States surveyor general, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such applica- tion for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land cffice, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to hs by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claim- ant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a cer- tificate of the United States surveyor general that five hundred dollars’ worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monu- ments as shall identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. Ifno adverse claim shall have been filed with the register and the receiver of the wire land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. [Provided, That where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits. Amendment of Jan. 22, 1880, 21 Stat., 61.] Sec. 2327. The description of vein or lode claims upon surveyed _ Description of lands shall designate the location of the claims with reference to the [Qe chime lines of the public survey, but need not conform therewith; but where . patents have been or shall be issued for claims upon unsurveyed lands, the surveyors general, in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued Patents to con- for mineral lands, those lands only shall be segregated and shall be form to official deemed to be patented which are bounded by the lines actually MOnU™™'s. marked, dekned: and established upon the ground by the monuments of the official survey upon which the patent grant is based, and sur- veyors general in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The Monuments to said monuments shall at all times constitute the highest authority as £0verm deserip- to what land is.patented, and in case of any conflict between the said ; monuments of such patented claims and the descriptions of said claims in the patents issued therefor the monuments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. (As amended April 28, 1904 (33 Stat., 545).) Src. 2329. Claims usually called “‘placers,’’ including all forms of Conformity of deposit, excepting veins of quartz, or other rock in place, shall be | eee hag ero subject to entry and patent, under like circumstances and conditions, ; 86 NATIONAL FOREST MANUAL—LAWS. and upon similar proceedings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal sub- divisions of the public lands. ; aes _ Sec. 2330. Legal subdivisions of forty acres may be subdivided maximum of pla. Ato ten-acre tracts; and two or more persons, or associations of persons, cer locations. having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide preemption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser. Conformity of Src, 2331. Where placer claims are upon surveyed lands, and conform oe tie to legal subdivisions, no further survey or plat shall be required, and tions ofclaims. all placer-mining claims located after the tenth day of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public-land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead or preemption purposes. What evidence §xc, 2332. Where such person or association, they and their grant- ee ors, have held and worked their claims for a period equal to the time right to a patent. prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such posses- sion and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim; but nothing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a atent. Patents for non- ni Sec. 2337. Where nonmineral land not contiguous to the vein or lode mineral lands, is ysed or occupied by the proprietor of such vein or lode for minin ; or milling purposes, such nonadjacent surface ground may be embrace and included im an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location hereafter made of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as provided in this section. Act of January 31, 1901 (31 Stat., 745), extending mining laws to saline lands. Mininglawsex- hat all unoccupied public lands of the United States containing tended to saline sa]¢ springs, or deposits of salt in any form, and chiefly valuable . therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer-mining claims: Provided, That the same person shall not locate or enter more than one claim hereunder. Act of August 4, 1892 (27 Stat., 548), to authorize the entry of lands chiefly valuable for building stone under the placer mining laws. Entry of lands That any person authorized to enter lands under the mining laws of chiefly valuable +h United States may enter lands that are chiefly valuable for buildin for building stone ets 2 ® i under the placer- stone under the provisions of the law in relation to placer-minera mining laws. claims: Provided, That lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under this act. NATIONAL FOREST MANUAL—LAWS. 37 Act of February 11, 1897 (29 Stat., 526), to authorize the entry and patenting of lands aoe peeipam and other mineral oils under the placer mining laws of the nite ates. That any person authorized to enter lands under the mining laws Entry and pat- of the United States may enter and obtain patent to lands containing pines Jands = ° ° petro- petroleum or other mineral oils, and chiefly valuable therefor, under leum and other the provisions of the laws relating to placer mineral claims: Provided, mineral oils un- That lands containing such petroleum or other mineral oils which Piiriee have heretofore been filed upon, claimed, or improved as mineral, , but not yet patented, may be held and patented under the provi- sions of this act the same as if such filing, claim, or improvement were subsequent to the date of the passage hereof. OTHER PROVISIONS OF THE MINING Laws. Proof of citizenship. (Rev. Stat., sec. 2321.) Proceedings on adverse claim. (Rev. Stat., sec. 2326; act Mar. 3, 1881, 21 Stat., 505; act Apr. 26, 1882, 22 Stat., 49.) Pending applications, existing rights preserved. (Rev. Stat., sec. 2328. Veins within placer claims. (Rev. Stat., sec. 2333.) Intersecting veins. (Rev. Stat., sec. 2336.) Local legislation for working, drainage, etc. (Rev. Stat., sec. 2338.) Rights to water and ditches confirmed. (Rev. Stat., sec. 2339.) Patents, etc., subject to vested rights of way and water rights. (Rev. Stat., sec. 2340.) myn ‘on lands classed as mineral. (Rev. Stat., sec. 2341, 2342. Mineral laws not applicable to Michigan, Wisconsin, Minnesota, cay tn Kansas. (Rev. Stat., sec. 2345; act May 5, 1876, 19 Stat., 52. Mineral laws extended over Wichita lands, Oklahoma. (Act of Mar.2 1895, 28 Stat., 876.) Expenditures in tunnels applicable to lodes. (Act of Feb. 11, 1876, 18 Stat., 315.) : Minine Laws In ALASKA. Mining laws extended; mining districts, records, etc. (ActofMay17, 1884; sec. 8, 23 Stat., 24; act June 6, 1900, secs. 15 and 26, 31 Stat., 321, 326, 330.) Mining rights extended to native citizens of Canada. (Act of May 14, 1898, 30 Stat., 415.) Labor and improvements. (Act of Mar. 2, 1907, 35 Stat., 1243.) Extension of time for filing adverse claims and suits. (Act of June 7, 1910, 36 Stat., 459.) Amendments and modifications of mining laws in Alaska. (Act of Aug. 1, 1912, 37 Stat., 242.) Decisions UNDER THE Mrintna@ Laws. As to when mining claims are part of the National Forest lands, see footnote, page 6, ante. Rights of locators or owners.—Under the act of June 4, 1897, authoriz- ing the location of mining claims within forest reserves the rights of the locator are substantially the same as those of a locator on the public lands under section 2322, Revised Statutes. (United States v. Riz- zinelli (C. C. D., Idaho), 182 Fed., 675.) The owner of a mining claim has the right of exclusive possession and enjoyment, but for mining purposes alone (citations infra.). Prior to patent he can not maintain a liquor saloon on his claim (United States v. Rizzinelli, 182 Fed., 675); or sell timber or hay therefrom (Teller v. United States, 113 Fed., 273; 1 Sol. Op., 188.) Nor, on the other hand, can the Secretary of Agriculture authorize any use of the claim, even for purposes foreign to mining, against the objection of the 38 NATIONAL FOREST MANUAL—LAWS. owner, but if the latter waives his right of exclusive possession by arrangement with a power permittee, the power permit becomes effective on the land, and the Government may impose a charge for its use. (2 Sol. Op., 763; see also 2 Sol. Op., 865.) Where, however, timber on a mining claim, by reason of insect in- festation, is a menace to the surrounding National Forest timber, the Government may sell it. (Lewis v. Garlock—United States, inter- venor, 168 Fed., 153.) Powers and duties of Land Department.—The Government is a party in interest in every case involving the disposal of the public lands, and when such lands are sought to be acquired under any of the public land laws (in this case the mineral laws), it is not only within the power but it is the duty of the Land Department to see that the lands are dis- posed of according to law, and not in violation or evasion of the law. (Grand Canyon Ry. Co. v. Cameron, 36 L. D., 66.) Should the question of the character of the land be properly pre- sented at any time before patent, it would manifestly be the duty of the [Interior] Department to ascertain whether or not the land contains ‘‘valuable deposits” in an ex parte case or a contest. The fact that a claim is contested would not change the character of the land to be taken under this law. In any event, it must contain ‘‘valuable de- posits.’” (The Royal K Placer, 13 L. D., 86-89.) The Land Department has full authority of its own motion or at the instance of others to inquire into and determine whether mining loca- tions within the National Forests were preceded by the requisite discovery of mineral and whether the lands are of the character sub- ject to occupation and purchase under the mining laws, notwithstand- ing the locator has not applied for patent; and if the locations are found invalid the lands covered thereby will be administered as part of the National Forest without regard to such locations. (H.H. Yard et al., 38 L. D., 59.) Lands belonging to the United States can not be lawfully located, or title thereto by patent legally acquired, under the mining laws, for purposes or uses foreign to those of mining or the development of minerals; and should it be shown in case of an application for mineral patent that the claims applied for were not located in good faith for mining purposes, but for the purpose of securing control of a trail upon lands belonging to the United States, susceptible of such control by reason of the surrounding physical conditions, so as to place the claim- ant in a position to charge for the privilege of using the trail, and thereby to prevent the free and unrestricted use thereof by the public, such claims would be fraudulent from their inception, and patents thereto could not be obtained under the mining laws. (Grand Canyon Ry. Co. v. Cameron, 36 L. D., 67.) Lands subject to mineral entry—Discovery.—lf the land contains gold or other valuable deposits in loose earth, sand, or gravel which can be secured with profit, that fact will satisfy the demand of the Govern- ment as to the character of the land as placer ground, whatever the incidental advantages it may offer to the applicant for a patent. (United States v. Iron Silver Mining Co., 128 U. S., 673, 684.) To sustain an application for mineral patent, as against persons alleging the land to be nonmineral, it must appear that mineral exists in quantity and value sufficient to subject it to disposal under the min- ing laws. In other words, the land must be shown to contain valuable deposits of mineral, which means more than a mere discovery that might be sufficient to support a location in the first instance. (Brophy v. O'Hare, 34 L. D., 506) Under the established rule that when public land is sought to be taken out of the category of agricultural lands the evidence of its min- eral character should be reasonably clear, the finding of colors of gold, even though fairly good prospects of gold, in placer prospecting, is not sufficient to establish the mineral character of the ground and sustain a mineral location thereof as against a prior entry under the homestead laws. (State v. Tanana Mines R. Co., 148 Fed., 678, syllabus.) Land not shown to contain valuable minerals of the kinds usually developed by mining operations, but which is chiefly valuable because it controls the entrance to a cavern containing crystalline deposits, NATIONAL FOREST MANUAL—LAWS. specimens of which are sold for profit, is not subject to location under the mineral laws. (South Dakota Mining Co. v. McDonald, 30 L. D., 357.) While the statute does not prescribe what is necessary to constitute a discovery under the mining laws of the United States, it is essential that it gives reasonable evidence of the fact either that there is a vein or lode carrying precious minerals, or if it be claimed as placer ground that it is valuable for such mining; and where there is not enough in what a locator claims to have seen to justify a prudent person in the expenditure of money and labor in exploitation this court will not overthrow a finding of the lower court that there was no discovery. (Chrisman v. Miller, 197 U. S., 313, syllabus.) The exposure of substantially worthless deposits on the surface of a lode mining claim; the finding of mere surface indications of mineral within its limits; the discovery of valuable mineral deposits outside the claim, or deductions from established geological facts relating to it, one or all of which matters may reasonably give rise to a hope or belief, however strong it may be, that a valuable mineral deposit exists within the claim, will neither suffice as a discovery thereon, nor be entitled to be accepted as the equivalent thereof. (East Tintic Consolidated Mining Claim, 40 L. D., 271.) The exposure of substantially valueless deposits on the surface of a lode mining claim, in themselves insusceptible of practical develop- ment, but which taken in connection with other established geological and mineralogical conditions in the district lead to the hope or belief that a valuable mineral deposit exists within the claim, does not con- stitute the discovery of a vein or lode within the meaning of the law nor afford a valid basis for a lode location. (Rough Rider and other Lode Claims, 41 L. D., 243.) Country rock in which it is claimed ‘‘kidneys” of copper ore may be expected to be found, is not itself a lode within the meaning of the mining laws, and the exposure of such rock within the limits of a lode claim, which may or may not contain mineral, does not constitute the discovery of a vein or lode within the meaning of the law, and is not a sufficient basis to support a lode location. (Rough Rider and other Lode Claims, 41 L. D., 255.) The location of a lode mining claim must be supported by the dis- covery of the vein or lode within the limits of the claim located; and the exposure of substantially worthless deposits on the surface ofa claim, which from observation and geological inference are supposed to indi- cate that other and unconnected veins or lodes lie at a greater depth, does not constitute a discovery within contemplation of the law, and is not a sufficient basis for a valid location. (East Tintic Consolidated Mining Co. (on rehearing), 41 L. D., 255.) Vein or lode ‘‘as used in the acts of Congress is applicable to any zone or belt of mineralized rock lying within boundaries clearly sepa- rating it from the neighboring rock.’’ ‘‘In general, it may be said that a lode or vein is a body of mineral or mineral body of rock, within defined boundaries, in the general mass of the mountain.’”’ (Iron Silver Mining Co. v. Cheesman, 116 U. S8., 529, 534.) Discovery is a prerequisite to initiation of title under the mining laws. (Bakersfield Fuel & Oil Co., 39 L. D., 460.) To constitute a valid discovery upon a lode mining claim for which patent is sought there must be actually and physically exposed within the limits thereof a vein or lode of mineral-bearing rock in place, possessing in and of itself a present or prospective value for mining purposes. (East Tintic Consolidated Mining Claim, 40 L. D., 271; see also Waskey v. Hammer, 223 U. S., 85.) Deposits of slate, which do not carry deposits of any other valuable mineral, when found in quantity and quality sufficient to render the land more valuable on that account than for agricultural purposes, are subject to appropriation under the placer mining laws. (Roy McDon- ald et al., 40 L. D., 7.) Valuable deposits of onyx in well-defined fissures in rock in place are subject to appropriation under the lode mining laws. (Utah Onyx Development Co., 38 L. D., 504.) 39 40 NATIONAL FOREST MANUAL—LAWS. The act permitting entry under the placer mining laws of lands chiefly valuable for building stone applies only to deposits of stone of special or peculiar value for structural work, such as the erection of houses, office buildings, and such other recognized commercial uses as demand and will secure the profitable extraction and marketing of the product. It does not apply to stone suitable only for building foundations, fences, abutments, or other rough work and which is widely distributed over large regions of territory. (Ex parte Stanislaus Electric Power Co., decision of Secretary of the Interior, Sept. 4, 1912; unpublished as yet.) A deposit of clay suitable for use in the manufacture of Portland cement does not render the land containing it subject to disposition under the placer mining laws. (Battancourt v. Fitzgerald, 40 L. D., 620.) A deposit of brick clay is not mineral within the meaning of the mining laws. (King et al. v. Bradford, 31 L. D., 108.) Deposits of gravel and sand, suitable for mixing with cement for concrete construction, but having no particular property or character- istic giving them special value, and deriving their chief value from proximity to a town, do not render the land in which they are found * mineral in character within the meaning of the mining laws, or bar entry under the homestead laws, notwithstanding the land may be more valuable on account of such deposits than for agricultural pur- poses. (Zimmerman v. Brunson, 39 L. D., 310.) A placer location of 160 acres made by eight persons, which is invalid for lack of discovery, can not be perfected after its transfer to a single individual by a subsequent discovery. (H. H. Yard et al., 38 L. D., 59. single discovery of mineral sufficient to authorize the location of a placer claim does not conclusively establish the mineral character - of all the land included in the claim, and the question as to the char- acter of the land is open to investigation by the land department at any time ‘si patent issues. (American Smelting & Refining Co., 39 wD 5-299, In determining the character of land embraced in a placer location, 10-acre tracts, normally in square form, are the units of investigation and determination, and if any such area is found to be nonmineral it should be eliminated from the claim. (American Smelting & Refining Co., 39 L. D., 299.) Location and boundaries—Conflicts—Errors of description.—The posi- tion of conflicting mining claims and their positions with relation to each other, must be determined as the claims are defined and estab- lished on the ground, and all errors of description ‘must give way thereto. (United States Mining Co. v. Wall, 39 L. D., 546.) Improvements.—Labor and improvements are deemed to have been made upon a mining claim, whether it consists of one location or several, when the labor is performed or the improvements are made for its development—that is, to facilitate the extraction of the metals— though in fact such labor and improvements may be on ground which originally constituted only one of the locations, as in sinking a shaft, or at a distance from the claim itself, as where the labor is performed for the turning of a stream or the introduction of water, or where the improvement consists in the construction of a flume to carry off the débris or waste material. (Smelting Co. v. Kemp, 104 U. S., 636, 655; Copper Glance Lode, 29 L. D. 542.) Labor or improvements to be credited toward meeting the require- ments of the statute as to expenditures on a mining claim must actually promote or directly tend to promote the extraction of mineral from the land, or forward or facilitate the development of the claim as a mine or mining claim, or be necessary for its care or the protection of the mining works thereon or pertaining thereto. (Highland Marie and Manilla Mining Claims, 31 L. D., 37. An expenditure of $500 in labor or improvements to be available asa basis for patent to a mining claim must have been made upon or for the benefit of the location for which patent is sought; and the work per- formed upon and for the benefit of a 20-acre placer location is not avail- able as a patent expenditure for the benefit of a maximum location of NATIONAL FOREST MANUAL—LAWS. 160 acres by eight persons embracing the 20-acre location and 140 acres of entirely new ground. (Charles H. Head et al., 40 L. D., 135). In determining whether the requisite expenditure of $500 in labor or improvements has been made upon a mining claim for which patent is asked, the proper test is whether the reasonable value of the work performed or improvements relied upon amounts to thatsum. Proof of the actual amount paid or of the actual number of days spent in prose- auc of on work is not conclusive. (Samuel B. Beatty et al., 40 1. D., 486). Improvements made prior to the location of the mining claim or claims to which their value is sought to be accredited are not available toward meeting the requirements of the statute relative to expendi- tures. (Tough Nut No. 2 and Other Lode Claims, 36 L. D., 9.) No part of a wagon road lying partly within and partly without the limits of a group of mining claims-constructed and used for the purpose of transporting machinery and supplies to and ore from the group is available toward meeting the requirement of the statute respecting expenditures prerequisite to patent. (Fargo Group No. 2 Lode Claims, 37 L. D., 404). Mill site—The continued use or occupancy for mining or milling oa is necessary to maintain a valid mill-site location. Weber v. op Set unreported; decided by the Secretary of the Interior, January 16, 1905. A mill-site location may be contiguous with the side of a lode claim. (Yankee Mill Site, 37 L. D., 674.) A mill site is required to be used or occupied distinctly and explicitly for mining or milling purposes in connection with the lode claim with which it is associated * * *. Some step in or directly connected with the process of mining or some feature of milling must be performed upon or some recognized agency of operative mining or milling must occupy the mill site at the time patent thereto is applied for to come within the purview of the statute. (Alaska Copper Co., 32 L. D., 128.) MINERAL SPRINGS AND LANDS ADJACENT. Act of February 28, 1899 (30 Stat., 908), to authorize the Secretary of the Interior to rent or lease certain portions of forest reserves. The Secretary of the Interior * * * hereby is authorized, under such rules and regulations as he from time to time may make, to rent or lease to responsible persons or corporations applying therefor suitable spaces and portions of ground near, or adjacent to, mineral, medicinal, or other springs, within any forest reserves established within the United States, or hereafter to be established, and where the public is accustomed or desires to frequent, for health or pleasure, for the purpose of erecting upon such leased ground sanitariums or hotels, to be opened for the reception of the public. And he is further authorized to make such regulations, for the convenience of people visiting such springs, with reference to spaces and locations, for the erection of tents or tem- porary dwelling houses to be erected or constructed for the use of those visiting such springs for health or pleasure. And the Secretary of the Interior is authorized to prescribe the terms and duration and the ene to be paid for the privileges granted under the provisions of this act. Decisions RELatinGc TO MINERAL SPRINGS. 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.) Authority to administer the act of 1899 as to springs and lands in the national forests passed to the Secretary of Agriculture under the forest transfer act of February 1, 1905. (Same.) The act of 1899 is exclusive, and no permits can be granted under the forest administrative act of June 4, 1897. (Same.) The said act does not authorize a lease of the springs themselves or the granting of special privileges therein. Nor does it contemplate a lease of all the available hotel or sanitarium sites to one party. (Same.) 41 Leasing of lands adjacent to min- eral springs. 42 Entry of coal lands. Preemption of coal lands. Preemption claims of coal land to be presented within 60 days, ete. Only one entr allowed. Zi Conflicting claims. NATIONAL FOREST MANUAL—LAWS, The mineral springs act of February 28, 1899, extends to national forests in Alaska. (2 Sol. Op., 870.) National forest lands in Alaska surrounding hot or mineral springs, and which have been withdrawn by the President under the act of June 25, 1910, can not be leased under the act of February 28, 1899, or their use permitted under the act of June 4, 1897, while the withdrawal remains in force. (2 Sol. Op., 870.) COAL-LAND LAWS. Basic PROVISIONS.’ UNITED STATES REVISED STATUTES. Sec. 2347. Every person above the age of twenty-one years, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the receiver of not less than ten dollars per acre for such lands where the same shall be situated more than fifteen miles from any completed railroad, and not less than twenty ey per acre for such lands as shall be within fifteen miles of such road. Sec. 2348. Any person or association of persons severally qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a pref- erence right of entry, under the preceding section, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as above provided, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements. Src. 2349. All claims under the preceding section must be presented to the register of the proper land district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improvements shall have been made prior to the expiration of three months from the third day of March, eighteen hundred and seventy-three, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this section shall be allowed until the expiration of six months from the third day of March, eighteen hundred and seventy-three. Sec. 2350. The three preceding sections shall be held to authorize only one entry by the same person or association of persons; and no association of persons any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions; and all persons claiming under section twenty-three hundred and forty-eight shall be required to prove their respective rights and pay for the ish filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. Sec. 2351. In case of conflicting claims upon coal-lands where the improvements shall be commenced, after the third day of March, eighteen hundred and seventy-three, priority of possession and im- provement, followed by proper filing and continued good faith, shall determine the preference-right to.purchase. _And also where improve- ments have already been made prior to the third day of March, eighteen NATIONAL FOREST MANUAL—LAWS. hundred and seventy-three, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Commissioner of the General Land Office is authorized to issue all needful rules and regula- tions for carrying into effect the provisions of this and the four pre- ceding sections. Sxc. 2352. Nothing in the five preceding sections shall be construed to destroy or impair any rights which may have attached prior to the third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver, or copper. Surrace Patents oN Goop-FairnH ENTRIES oF Coat LANDS. Act of March 3, 1909 (35 Stat., 844), for the protection of the surface rights of entrymen. AGRICULTURAL ENTRY FOR SuRFACE OF LANDS CLASSIFIED OR WITH- DRAWN AS Coat Lanps. (Not AppiicaABLE TO ALASKA.) Act of June 22, 1910 (36 Stat., 583), to provide for agricultural entry of coal lands. Act of April 30, 1912 (37 Stat., 105) supplementing above. CoAL-LAND Laws EXTENDED TO ALASKA. Act of June 6, 1900 (31 Stat., 658). AMENDMENTS TO COAL-LAND LAWS IN ALASKA. Act of April 28, 1904 (33 Stat., 525). Act of May 28, 1908 (35 Stat., 424). DEcISIONS UNDER THE COAL-LAND Laws. COAL LANDS. Coal lands are mineral lands within the meaning of the act of June 4, 1897, and as such are subject to entry, when found in forest reserves, the same as other mineral lands within such reserves. (T. P. Crowder, 30 L. D., 92; see also Brown v. N. P. R. R. Co., 31 L. D., 29.) Citizens in need of coal for their own use, who have not initiated claims under coal-land laws, have no authority to take any coal from National Forest lands, either with or without a permit from the Secre- tary of Agriculture. (1 Sol. Op., 477.) The act of April 28, 1904 (33 Stat., 525), amending the coal-land laws, as theretofore extended to Alaska, did not remove the restriction as to the quantity of such lands enterable by one person or association, but ierelss provided a method by which unsurveyed coal lands in Alaska could be acquired subject to the limitations of the general coal- land laws. (The Cunningham claims (United States v. Schofield et al.); decision of Commissioner of the General Land Office of June 21, 1911, affirmed and adopted by Interior Department, Aug. 29, 1912.) Open cuts and tunnels made merely for the purpose of ascertaining whether a group of claims contains coal and not with the intent to develop operating mines do not satisfy the statutory requirement as to opening and improving. (Same.) Persons who file declaratory statements and then abandon them reoie valid cause or excuse are disqualified to make new entries. ame. The benefits of the act of May 28, 1908, authorizing the consolidation of claims or locations of coal lands in Alaska, can be shared only by persons who made such locations in good faith—that is, honestly and lawfully—prior to November 16, 1906, in their own interests individ- ually, without fraud, collusion, or deceit, or any purpose to violate any provision of the law. (Op. Atty. Gen., 38 L. D., 86.) An individual or association expending time and money in an honest effort to open and develop coal deposits is not a trespasser and is entitled to the coal extracted as an ancident to the reasonable prosecution of ne yan’ (Ghost v. United States (C. C. A. Eighth Circuit), 168 Fed., 43 Rights reserved. subject to rights NATIONAL FOREST MANUAL—LAWS. It is unlawful for a corporation, some of whose stockholders have made coal entries, to acquire coal lands in excess of 320 acres as the result of a scheme whereby some of its officers and employees make entries in their own names but for its benefit and at its expense, and, after securing patents, convey the lands to the corporation. An incorporated company is an ‘‘association of persons,’’ in the meaning of the coal-land laws. (United States v. Trinidad Coal Co., 137 U.S. 160.) TIMBER AND STONE LAWS. Act of June 3, 1878 (20 Stat., 89) for the sale of timberlands. That surveyed public lands of the United States within the (public . land ') States, not included within military, Indian, or other reserva- tions of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale,? according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States. donating lands for internal improvements, education, or other pur- poses: And provided further, That none of the rights conferred by the act approved July twenty-sixth, eighteen hundred and sixty-six, entitled ‘‘An act granting the right of way to ditch and canal owners over the public lands, and for other purposes,’’ shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connec- tion with such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under this act. Src. 2. That any person desiring to avail himself of the provisions of this act shall file with the register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belonged to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal; that de- ponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appro- priate it to his own exclusive use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of the land office within the district where the land is situated; and if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he may have paid for said lands, and all right and title to the same; and any grantor conveyance which he may have made, except in the hands of bona fide purchasers, shall be null and void. Sec. 3. That upon the filing of said statement, as provided in the second section of this act, the register of the land office shall post a notice of such application, embracing a description of the land by legal 1 Amendment of Aug. 4, 1892 (27 Stat., 348). 2 The distinction between offered and unoffered lands was abolished by the act of May 18, 1898 (30 Stat., 418), as to homestead and timber and stone entries. NATIONAL FOREST MANUAL—LAWS. subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the prem- ises, for a like period of time; and after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the register of the land office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the proper officer of the purchase money of said land, together with the fees of the register and receiver, as provided for in case of mining claims in the twelfth section of the act approved May tenth, eighteen hundred and seventy-two, the applicant may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and testi- mony in the case, a patent shall issue thereon: Provided, That any person having a valid claim to any portion of the land may object, in writing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this act by regulations to be prescribed by the Commissioner of the General Land Office. * * * Limitation To 320 Acres UnpEeR att Lanp Laws ExceEptine MiIneRAL Laws. Act of August 30, 1890 (26 Stat., 391). Act of March 3, 1891, section 17 (26 Stat., 1095). DECISIONS UNDER THE TIMBER AND STONE LAws. Regulations under the Timber and Stone Law including method of appraisement (37 L. D., 289). An Executive order reserving lands for forestry purposes has the same effect, as against an application to purchase under the timber and stone laws, as adverse claim of an individual. (Hattie E. Bradley, 34 L. D., 191.) Where an applicant fails to submit proof on the day fixed in the pub- lished notice, or, in case of accident or unavoidable delay causing default, within 10 days thereafter, a forestry withdrawal theretofore made immediately attaches and becomes effective on the land regard- less of the fact that the applicant, within such 10-day period, has filed application to readvertise notice of intention to submit proof. (Same; see also M. Edith Curtis, 33 L. D., 265.) An agreement or contract made by a timber and stone entryman, prior to final proof and the issuance of certificate for the sale of the timber on the land, is a violation of the provisions against speculative entry for the benefit of another. (Granville M. Boyer, 34 L. D., 581.) After full payment of the purchase price and the issuance of final certificate under the timber and stone laws, the land department is without jurisdiction except to determine whether the land was subject to entry and whether the entryman was qualified to make the entry and had in all respects complied with the law; and a subsequent withdrawal for power purposes is unauthorized and does not warrant the withholding of patent. (Charles W. Pelham, 39 L. D., 201.) The entire management of these entries was in the hands of an agent of the Martin-Alexander Co. It furnished the moneys both for the purchase prices, and all expenses, and it is not easy to believe that it did all this on a mere expectation that after the entries had been made, it would purchase the timber. It is a much more reasonable conclu- sion that it had an understanding with the parties making the entries respecting purchases and prices. * * * We agree with the Court of Appeals that the testimony points strongly to the fact that the 45 46 Who may en- ter. Water for irri- gation. When i patent issues. NATIONAL FOREST MANUAL——LAWS. entries were in pursuance of an understanding or agreement with the Martin-Alexander Co. that, as it was advancing all the money, the entryman should convey to it the standing timber at a fixed price. (United States v. Detroit Lumber Co., 200 U.S., 321.) The act does not in any respect limit the domain which the purchaser has over the land after it is purchased from the Government, or restrict, in the slightest, his power of alienation. All that it denounces is a prior agreement, the acting for another in the purchase. If, when the title passed from the Government, no one save the purchaser has any claim for it, the act is satisfied. Montgomery might rightfully come or send into that vicinity and make known generally or to individuals a willingness to buy timberland at a price in excess of that which it would cost to obtain it from the Government, and any person knowing of that offer might rightfully come to the land office and make applica- tion and purchase a timber tract from the Government. (United States v. Budd, 144 U. 8., 154.) A person desiring to purchase a large tract of timberlands of the United States may lawfully express such desire to another, and con- tract with him to purchase the lands and advance money to enable the seller to acquire the land from the entryman, and he is not bound to inquire into the method by which such seller acquires the title, nor chargeable with any fraud therein which would render the patent subject to cancellation, of which he has no actual knowledge. (U.S. v. Barber Lumber Co. (C. C. A.), 194 Fed., 24.) To warrant the cancellation of a patent for lands on account of fraud, the evidence must be clear, unequivocal, and convincing, and it can not be done on a bare preponderance of evidence which leaves the issue in doubt. (Idem.) Application under the timber and stone act (sworn statement) must be based on a personal examination of the land and not made on infor- mation and belief or by agent. (Ness v. Fisher, 223 U.S., 683; see also case of Frank L. Chambers et al., 40 L. D., 85.) Section 1 of the act of March 3, 1911, authorizing the reinstatement of homestead entries canceled or relinquished because of the erroneous allowance of such entries after the withdrawal of lands for national forest purposes makes no provision for the reinstatement of canceled timber and stone entries. (Albert L. Knight, 41 L. D., 261.) DESERT-LAND LAWS. Act March 3, 1877 (19 Stat., 377). That it shall be lawful for any citizen of the United States, or any person of requisite age ‘‘who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of twenty-five cents per acre—to file a declaration under oath with the register and the receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceed- ing one section,! by conducting water upon the same, withinthe period of three years? thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert. land of six hundred and forty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply neon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing pur- poses subject to existing rights. Said declaration shall describe par- ticularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years? after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon 1 Limited to 320 acres by act next following, section 7. 2 Extended to four years by act next following, section 7. NATIONAL FOREST MANUAL—LAWS. 47 the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same shall be issued to him: Pro- vided, That no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres, which shall be in compact form. Sree, 2. That all lands exclusive of timber lands and mineral lands What are des- which will not, without irrigation, produce some agricultural crop, °t!@4s- shall be deemed desert land, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. Sec. 3. That this act shall only apply to and take effect in the Law applicable States of California, Oregon, and Nevada, and the Territories of ons Ce a Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. Act March 3, 1891 (26 Stat., 1095), amending desert land law. Sec. 2. That an act to provide for the sale of desert lands in certain States and Territories, approved March third, eighteen hundred and seventy-seven, is hereby amended by adding thereto the following sections: “Sec. 4. That at the time of filing the declaration hereinbefore re- _Maps_showing quired the party shall also file a map of said land which shall exhibit Mode of iriga- a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural crops, and shall also show the source of the water to be used for irrigation and reclamation. Persons entering or proposing to enter separate sections or fractional parts of sections of desert lands may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improve- ments. “Src. 5. That no land shall be patented to any person under this act ., Expenditure of unless he or his assignors shall have expended in the necessary irriga- Sided. ee tion, reclamation, and cultivation thereof, by means of main canals and ; branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least three dollars per acre of whole tract reclaimed and patented in the manner following: Within one year after making entry for such tract of desert land as aforesaid, the party so entering shall expend not less than one dollar per acre for the purposes aforesaid; and he shall in like manner expend the sum of one dollar per acre during the second and also during the third year thereafter, until the full sum of three dollars per acre is so expended. Said party shall file during each year Proof of ex- with the register, proof, by the affidavits of two or more credible wit- Penditures: nesses, that the full sum of one dollar per acre has been expended in such necessary improvements during Bidet year, and the manner in which expended, and at the expiration of the third year a map or plan showing the character and extent of such improvements. If any party who has made such application shall fail during any year to file the testimony aforesaid, the lands shall revert to the United States, and the twenty-five cents advanced payment shall be forfeited to the United States, and the entry shall be canceled. Nothing herein contained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of three dollars ; per acre: Provided, That proof be further required of the cultivation of Cultivation. one-eighth of the land. “Sec. 6. That this act shall not affect any valid rights heretofore Existing rights accrued under said act of March third, eighteen hundred and seventy- Preserved; _ elec- seven, but all bona fide claims heretofore lawfully initiated may be “° perfected, upon due compliance with the provisions of said act, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this act had not been 48 When patent issues. _320-acre limita- ion. Proofs and con- Desert-land laws extended to Colorado. Desert-land laws restricted to surveyed lands. Preference rights. Assignments re- stricted. _Extension of time. NATIONAL FOREST MANUAL—-LAWS. passed; or said claims, at the option of the claimant, may be perfected and patented under the provisions of said act, as amended by this act, so far as applicable; and all acts and parts of acts in conflict with this act are hereby repealed. ‘Src. 7. That at any time after filing the declaration, and within the period of four years thereafter, upon making satisfactory proof to the register and the receiver of the reclamation and cultivation of said land to the extent and cost and in the manner aforesaid, and substan- tially in accordance with the plans herein provided for, and that he or she is a citizen of the United States, and upon payment to the receiver of the additional sum of one dollar per acre for said land, a patent shall issue therefor to the applicant or his assigns; but no person or associa- tion of persons shall hold, by assignment or otherwise prior to the issue of patent, more than three hundred and twenty acres of such arid or desert lands; but this section shall not apply to entries made or initiated prior to the approval of this act: Provided, however, That additional proofs may be required at any time within the period prescribed by law, and that th>2 claims or entries made under this or any preceeding act shall be subject to contest, as provided by the law relating to home- stead cases, for illegal inception, abandonment, or failure to comply with the requirements of law, and upon satisfactory proof thereof shall be canceled, and the lands and moneys paid therefor shall be forfeited to the United States. “Src. 8. That the provisions of the act to which thisis an amendment, and the amendments thereto, shall apply to and be in force in the State of Colorado, as well as the States named in the original act; and no person shall be entitled to make entry of desert land except he be a resident citizen of the State or Territory in which the land sought to be entered is located.”’ LIMITATIONS AND RESTRICTIONS—EXTENSION OF TIME. Act of March 28, 1908 (35 Stat., 52). That from and after the passage of this act the right to make entry of desert lands under the provisions of the act approved March third, eighteen hundred and seventy-seven, entitled ‘‘An act to provide for the sale of desert lands in certain States and Territories,’’ as amended by the act approved March third, eighteen hundred and ninety-one. entitled ‘‘An act to repeal timber-culture laws, and for other purposes,”’ shall be restricted to surveyed public lands of the character contem- plated by said acts, and no such entries of unsurveyed lands shall be allowed or made of record: Provided, however, That any individual qualified to make entry of desert lands under said acts who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceed- ing in area three hundred and twenty acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said acts, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office. Sec. 2. That from and after the date of the passage of this act no assignment of an entry made under said acts shall be allowed or rec- ognized, except it be to an individual who is shown to be qualified to make entry under said acts of the land covered by the assigned entry, and such assignments may include all or part of an entry; but no assignment to or for the benefit of any corporation or association shall be authorized or recognized. Sec. 3. That any entryman under the above acts who shall show to the satisfaction of the Commissioner of the General Land Office that he has in good faith complied with the terms, requirements, and provisions of said acts, but that because of some unavoidable delay in the construc- tion of the irrigating works, intended to convey water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said acts, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not NATIONAL FOREST MANUAL—LAWS. to exceed three years, within the discretion of the Commissioner of the General Land Office, within which to furnish proof, as required by said acts, of the completion of said work. Sreconp DrsertT-LAND ENTRIES. Act of March 26, 1908 (35 Stat., 48). Act of February 3, 1911 (36 Stat. , 896). LimIraTIONn TO 320 AcRES UNDER ALL Lanp Laws, Exceptine Min- ERAL Laws. Act of August 30, 1890 (26 Stat., 391). Act of March 3, 1891, section 17 (26 Stat., 1095). SECRETARY OF INTERIOR AUTHORIZED TO GRANT FURTHER TIME FOR Maxine Fina Proor. Act of April 30, 1912 (37 Stat. 106). Decisions UNDER THE DESERT-LAND LAWS. Land that produces a natural growth of timber is not subject to desert entry, and it is immaterial whether such timber is of value or not. (15 L. D., 271.) Lands that, one year with another, for a series of years will not with- out artificial irrigation produce reasonably remunerative crops are desert within the meaning of the desert land law. (Penderson v. Park- inson, 37 L. D., 522.) Lands situated within a notoriously arid or desert region, and them- selves previously desert within the meaning of the desert land law, do not necessarily lose their character as desert lands merely because of unusual rainfall for a few successive seasons their productiveness was increased and larger crops were raised thereon; and under such cir- cumstances a strong prepoderance of evidence will be required to take them out of the class of desert lands. (Same.) One who makes desert entry of such lands must, however, clearly show, in submitting proof, not only that he has the right to a sufficiency of water to successfully irrigate the lands, and that the system of ditches is adequate for that purpose, but also that the necessary supply of water has been actually used on said lands in a manner to prove the beneficial results. (Same.) SCHOOL LANDS. DEcIsIONS AS TO ScHooL LANDS IN NaTIONAL Forests. Title to school sections does not pass until approval of the survey by the General Land Office, and a forestry withdrawal between the date of actual survey in the field and the date of such approval, prevents the vesting of title and the selection of lieu lands under the act of June 4, 1897. (F. A. Hyde & Co., 37 L. D., 164.) School sections surveyed before inclusion within the boundaries of a National Forest have vested in the State, and are not affected by the forestry proclamation. The State is not empowered to select other lands in place of such sections under Revised Statutes, sections 2275, 2276, as amended by the act of February 28, 1891. (Hibberd v. Slack, 84 Fed., 571.) In Montana, Washington, North and South Dakota, a forestry with- drawal prior to survey makes a school section a part of the National Forest so long as the reservation continues, but the State may, if it choose, take indemnity. (State of Montana, 38 L. D., 247.) Under the grants to North and South Dakota, Montana, and Wash- ington (act Feb. 22, 1889, 25 Stat., 676), the States take no right until the landsare surveyed. (Clemmons v. Gillette, 33 Mont., 821; 83 Pac., 879; Contra State v. Whitney, 120 Pac., 116.) The State of Idaho can not authorize the cutting of timber from unsurveyed school sections. (United States v. Bonners Ferry Lumber Co., 184 Fed., 187.) 66777°—13——_4 NATIONAL FOREST MANUAL—LAWS, The acts of Congress ‘‘reserving” sections 16 and 36 for the Territory of Arizona did not vest any title in the Territory, even after survey, but such sections remain subject to the plenary power of disposal by Congress. (2 Sol. Op., 793.) The provisions in the enabling act of New Mexico, that the grants of sections 2, 16, 32, and 36 within National Forests shall not vest title in the State while the National Forests continue to exist, and that said sections ‘‘shall be administered as a part of said forests,’’ fixes and con- trols the status of all these sections, notwithstanding the previous grant of'sections 16 and 36 to the Territory. (2 Sol. Op., 848.) School sections in National Forests in New Mexico are subject to administration by the Forest Service, whether surveyed or unsurveyed, and the title remains in the United States so long as the forests exist. (2 Sol. Op., 863.) An application by the governor of a State for the survey of public lands for purposes of selection under the provisions of the act of August 18, 1894 (28 Stat., 394), and the withdrawal of the lands for that purpose by the Secretary of the Interior, does not prevent the President from including the lands in a National Forest and thereby defeating the State’s preference right of selection. (27 Op. Atty. Gen., 605.) Such application for survey and the withdrawal thereon do not con- stitute a ‘‘legal entry,’’ a ‘‘ lawful filing,’”’ or a ‘‘ valid settlement’ in (ld meaning of the exceptions contained in a forestry proclamation. ., 605.) LIEU SELECTIONS. The act of June 4, 1897, authorizing selections of land in lieu of those embraced in forest reserves was repealed by the act of March 3, 1905. (33 Stat., 1254.) A pending unapproved application to make forest lieu selection will not prevent withdrawal of lands embraced therein for the purpose of reserving the power sites thereon for public uses. (Sherar v. Veazie, 40 L. D., 549.) An application to make forest lieu selection of unsurveyed lands not identified with reference to natural boundaries or monuments or such markings upon the ground as would constitute notice to intending settlers is no bar to the attachment of rights under the act of May 14, 1880; and while approval of the township plat of survey is an identifi- cation of the lands as of the date of such approval, and, by relation, as against the Government, as of the date of the filing of the application, it does not and can not so attach as to cut out intervening adverse set- tlement claims. (F. A. Hyde et al., 40 L. D., 284.) Upon approval of an application to make forest lieu selection the the title of the Government to the lands relinquished as base therefor attaches, under the doctrine of relation, as of the date the selection was perfected and entitled to be approved. (A. G. Strain, 40 L. D., 108.) RAILROAD GRANT LANDS. Unclassified odd sections within the primary limits of the Northern Pacific Railroad grant, even though not surveyed, form no part of the National Forests within which they lie, and the Forest Service has no ower of administration over them. (1 Sol. Op., 79; see also, 1 Sol. p., 294 and 541.) Legal title to all odd sections, not mineral, within the 10-mile limit passed to the Central Pacific Railroad Co., upon definite location of its line, without the issuance of patent. (2 Sol. Op., 897.) The exception of lands returned and denominated as mineral must also be held to operate, as of the date of the definite location of the road. A subsequent survey and return as mineral of lands not mineral in fact would not divest the company’s title. (Same.) The mineral or nonmineral character of lands within the grant limits of the Southern Pacific Railroad Co. can be conclusively determined by the Department of the Interior, either by the issuance of patent upon the Surveyor General’s ex parte return as to the character of the lands, or after a hearing properly applied for to test the return of the Surveyor General. (Same.) NATIONAL FOREST MANUAL—LAWS. 51 A selection by the Northern Pacific Railway Co. under the act of March 2, 1899 (30 Stat., 993), is a ‘‘lawful filing” such as excepts the land from a forestry proclamation. Should the selection fail, however, the land would become a part of the National Forest. (1 Sol. Op., 463.) Neither the railway company nor its assignee has any right to cut timber from an unapproved selection made under that act. (Same.) Land embraced in a bona fide settlement claim is not subject to selection by the Northern Pacific Railway Co. under the act of March 2, 1899, and a selection allowed for land at the time covered by such claim can not stand notwithstanding the settlement claim may have been subsequently abandoned. (Frank et al.v. N. P. Ry. Co. on review, 37 L. D., 502.) RIGHT OF WAY LAWS. Deficiency appropriation act of March 3, 1899 (30 Stat., 1214). [1233] In the form provided by existing law the Secretary of the Wagon roads, Interior may file and approve surveys and plats of any right of way for prea cteen: . a wagon road, railroad, or other highway over and across any forest ; reservation or reservoir site when in his judgment the public interests will not be injuriously affected thereby. HIGHWAYS AND RAILROADS. UNITED STATES REVISED STATUTES. Sec. 2477. The right of way for the construction of highways over Highways. public lands not reserved for public uses is hereby granted. Act of March 3, 1875 (18 Stat., 482), granting rights of way for railroads. The right of way through the public lands of the United States is, Right of way hereby granted to any railroad company duly organized under the a LT laws of any State or Territory, except the District of Columbia, or public lands. by the Congress of the United States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred Width of right feet on each side of the central line of said road; also the right to take, °! YY: from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, , Station build- machine shops, side tracks, turn-outs, and water stations, not to exceed ‘8 °te- in amount twenty acres for each station, to the extent of one station for each ten miles of its road. Sec. 2. That any railroad company whose right of way, or whose Joint use of track or roadbed upon such right of way, passes through any canyon, Giayony Pass oF pass, or defile, shall not prevent any other railroad company from the ; use and occupancy of said canyon, pass, or defile, for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or high- way may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said rail- road company shall, before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between . Equitable divi- any number of railroad companies occupying and using the same “10” °! &xPense. canyon, pass, or defile. : Src. 3. That the legislature of the proper Territory may provide for eee ton the manner in which private lands and possessory claims on the public Be poccany lands of the United States may be condemned; and, where such pro- claims. vision shall not have been made, such condemnation may be made in accordance with section three of the act entitled ‘‘An act (to amend an act entitled an act) to aid in the construction of a railroad and telegraph line from Missouri River to the Pacific Ocean, and to secure to the 52 NATIONAL FOREST MANUAL—LAWS. Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two,’ approved July second, eighteen hundred and sixty-four. _— _ map. Sec. 4. That any railroad company desiring to secure the benefits unsurveyed % this act shall, within twelve months after the location of any section lands. of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon Approval. approval thereof by the Secretary of the Interior, the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such Forfeiture. right of way: Provided, That 1f any section of said road shall not be contpleted within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. Not toapply to Src. 5. That this act shall not apply to any lands within the limits ReTVeRD ES of any military, park, or Indian reservation, or other lands specially reserved from sale, unless such right of way shall be provided for by treaty stipulation or by act of Congress heretofore passed. Amendment Sxc. 6, That Congress hereby reserves the right at any time to alter, er amend, or repeal this act, or any part thereof. (This act 1s made applicable, at least conditionally, to National Forest lands by the act of March 3, 1899, ante, p. 51.) ; Sundry civil appropriation act of August 30, 1890 (26 Stat., 371, on p. 391.). Ditches and [n all patents for lands hereafter taken up under any of the land laws pi rade of the United States * * * west of the one hundredth meridian, Government. _it shall be expressed that there is reserved from the lands in said patent described, a right of way thereon for ditches or canals constructed by the authority of the United States. Ricuts oF Way FOR WATER FOR IRRIGATION AND POWER DEVELOPMENT. UNITED STATES REVISED STATUTES. Water and §xo, 2339. Whenever, by priority of possession, rights to the use of rights of way lor water for mining, agricultural, manufacturing or other purposes, have ' vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. Patents subject “Seo, 2340. All patents granted, or preemption or homesteads al- to vested rights. ]oWed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding sec- tion. Act of March 3, 1891 (26 Stat., 1095), to repeal the timber-culture laws, and for other purposes. Irrigationrights Spo. 18. That the right of way through the public lands and reserva- eh ray tions of the United States is hereby granted to any canal or ditch com- pany formed for the purpose of irrigation and duly organized under the laws of any State or Territory, which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorpo- ration, and due proofs of its organization under the same, to the extent of the ground occupied by the water of the reservoir and of the canal and its laterals, and fifty feet on each side of the marginal limits thereof; also the right to take, from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction Not to interfere of such canal or ditch: Provided, That no such right of way shall be so with Govern-ocated as to interfere with the proper occupation by the Government a ment occupation 5 4 of reserves. of any such reservation, and all maps of location shall be subject to the NATIONAL FOREST MANUAL—LAWS. approval of the Department of the Government having jurisdiction of such reservation, and the privilege herein granted shall not be con- strued to interfere with the control of water for irrigation and other purposes under authority of the respective States or Territories. Sec. 19. That any canal or ditch company desiring to secure the benefits of this act shall, within twelve months after the location of ten miles of its canal, if the same be upon surveyed lands, and if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way. Whenever any person or corporation, in the con- struction of any canal, ditch, or reservoir, injures or damages the pos- session of any settler on the public domain, the party committing such ae. or damage shall be liable to the party injured for such injury or amage. disc. 20. That the provisions of this act shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether con- structed by corporations, individuals, or association of individuals, on the filing of the certificatesand maps herein provided for. Ifsuch ditch, canal, or reservoir, has been or shall be constructed by an individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and with the register of the land office where said land is located, a map of the line of such canal, ditch, or reservoir, as in case of a corporation, with the name of the individual owner or owners thereof, together with the articles of association, if any there be. Plats heretofore filed shall have the benefits of this act from the date of their filing, as though filed under it: Provided, That if any section of said canal or ditch shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent that the same is not completed at the date of the forfeiture. Src. 21. That nothing in this act shall authorize such canal or ditch company to occupy such right of way except for the purpose of said canal or ditch, and then only so far as may be necessary for the con- struction, maintenance, and care of said canal or ditch. [See pro- vision next below. | Act May 11, 1898 (30 Stat., 404). Src. 2. That the rights of way for ditches, canals, or reservoirs here- tofore or hereafter approved under the provisions of sections eighteen, nineteen, twenty, and twenty-one of the Act entitled ‘‘An Act to repeal timber-culture laws, and for other purposes,’’ approved March third, eighteen hundred and ninety-one, may be used for purposes of a public nature; and said rights of way may be used for purposes of water transportation, for domestic purposes, or for the development of power, as subsidiary to the main purpose of irrigation. Act of May 14, 1896 (29 Stat., 120). Src. 2. That the Secretary of the Interior be, and hereby is, author- ized and empowered, under general regulations to be fixed by him, to permit the use of right of way to the extent of twenty-five feet, together with the use of necessary ground, not exceeding forty acres, upon the public lands and the forest reservations of the United States, by any citizen or association of citizens of the United States for the purposes of generating, manufacturing, or distributing electric power. Act of February 15, 1901 (31 Stat., 790), relating to rights of way through certain parks, reservations, and other public lands. The Secretary of the Interior * * * is authorized and em- powered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reserva- tions of the United Statesand the Yosemite, Sequoia, and General Grant 53 Maps to be filed and approved. Compensation for injury to pri- vate rights. Individuals and associations. Rights forfeited by noncomple- tion of works. Limitation of use. Additional and subsidiary uses. Permissive rights of way. Electric power. Permissive rights of way. 54 NATIONAL FOREST MANUAL—LAWS. Electric power, National Parks, California, for electrical plants, poles, and lines for the rhea and generation and distribution of electrical power, and for telephone and ; telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, Conveyance of and reservoirs used to promote irrigation or mining or quarrying, or water, the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reser- voirs, or other water conduits or water plants, or electrical or other Width of right works permitted hereunder, and not to exceed fifty feet on each side of way limited. of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named: Sere not Provided, That such permits shall be allowed within or through any of Sonnets “with Said parks or any forest, military, Indian, or other reservation only upon public interest. the approval of the chief officer of the department under whose supervi- sion such park or reservation falls and upon a finding by him that the ; (ccleaner = same is not incompatible with the public interest: Provided further, That jectto R.S., Title 211 permits given hereunder for telegraph and telephone purposes shall 5. ‘ be subject to the provision of title sixty-five of the Revised Statutes of the United States, and amendments thereto, regulating rights of way Licenses revo- for telegraph companies over the public domain: And provided further, a: That any permission given by the Secretary of the Interior under the provisions of this act may be revoked by him or his successor in his discretion, and shall not be held to confer any right, or easement, or* interest in, to, or over any public land, reservation, or park. Forest transfer act of February 1, 1905 (33 Stat., 628). Rights of way Src. 4. That rights of way for the construction and maintenance of Peg ee an dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and ete. * canals, within and across the forest reserves of the United States are hereby granted to citizens and corporations of the United States for municipal or mining purposes, and for the purposes of the milling and reduction of ores, during the period of their beneficial use, under such rules and regulations as may be prescribed by the Secretary of the Interior, and subject to the laws of the State or Territory in which said reserves are respectively situated. Agricultural appropriation act of March 4, 1911 (36 Stat., 1235). Electric trans- That the head of the department having jurisdiction over the lands mission lines. = he, and he hereby is, authorized and empowered, under general regu- Limited ease- lations to be fixed by him, to grant an easement for rights of way, for ments. a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, National Forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet on each side of the center line of such electrical, telephone and telegraph lines and poles, to any citizen, association, or corporation of the United States, where it 1s intended by such to exercise the right of way herein granted for any one or more of the purposes herein named: Provided, That such right of way shall be allowed within or through any national park, National Forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the Forfeiture and public interest: Provided, That all or any part of such right of way Snuulment. may be forfeited and annulled by declaration of the head of the depart- ment having jurisdiction over the lands for nonuse for a period of two years or for abandonment. Permitteesmay That any citizen, association, or corporation of the United States to pptain je ©" 'S whom there has heretofore been issued a permit for any of the purposes : specified herein under any existing law, may obtain the benefit of this act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute. Reservations. . a j 4 NATIONAL FOREST MANUAL—LAWS. 55 SpectiAL LEGISLATION GRANTING RigutTs oF Way. Act of May 1, 1906 (34 Stat., 163), granting permit. revocable by Secretary for certain National For- causes, to occupy for hydroelectric purposes, landsin San Bernardino, Sierra,and San ests in southern Gabriel National Forests, Cai. California. Act June 30, 1906 (34 Stat., 801), authorizing the Secretary of the Interior to sell to Los Angeles wa- the city of Los Angeles, Cal., certain public lands in California, and granting rights in, ter supply. over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and the San Gabriel Timber Land Reserve, Cal., to the city of Los Angeles, Cal. Act of May 18, 1898 (30 Stat., 418), granting the Santa Fe & Grand Canyon Railroad Santa Fe & Co. right of way for railroad purposes through the Grand Canyon Forest Reserve in Grand Canyon R. northern Arizona. R. Co. Act of June 27, 1898 (30 Stat., 493), granting right of way through the Pikes Peak supple Creek Timber Land Reserve and the public lands to the Cripple Creek District Railway Co. Ry. Co. Act of July 8, 1898 (30 Stat., 729), granting right of way through the Pikes Peak Tim- Cripple Creek ber Land Reserve and the public lands to the Cripple Creek Short-Line Railway Co. Short Line. Act of January 10, 1899 (30 Stat., 783), granting the Saginaw Southern Railroad Co. Saginaw & aright of way for railroad purposes through the San Francisco Mountains Forest Reserve. Southern Ry. Co. Act of February 28, 1899 (30 Stat., 910), to grant to the Pasadena & Mount Wilson Pasadena & Railway Co. right of way and certain lands for railroad purposes through the San Gabriel Mount Wilson Forest Reserve. Ry. Co. Act of June 6, 1900 (31 Stat., 657), to grant right of way over Government lands fora Flagstaff water pipe line for the conveyance of water to Flagstaff, Ariz. supply Act of February 25, 1903 (32 Stat., 907), granting the Central Arizona Railway Co. a Central Arizona right of way for railroad purposes through the San Francisco Mountains Forest Reserve, Ry. Co. in the Territory of Arizona. Rieuts or Way In ALASKA—RAILROADS, TRAMROADS, AND -WaGon Roaps. Act May 14, 1898, sections 2-9 (30 Stat., 409). Decisions RELATING TO RIGHTS oF Way. Rights of way for Government uses.—A way of necessity is reserved to the Government where a tract of National Forest land is entirely cut off from a public highway by other lands formerly a part of the public domain. (2 Sol. Op., 973.) Act of August 30, 1890 (26 Stat., 371, 391), reserves right of way for Government reclamation projects and is valid. (United States v. Van Horn, 197 Fed., 611.) Act of August 30, 1890 (26 Stat., 371, 391), reserves right of way for Governmental purposes only. (Solicitor to Forester, Oct. 3, 1910.) The Secretary of Agriculture is authorized to acquire, by purchase or condemnation, rights of way for roads needed as outlets for National Forest timber. Such rights of way are not additions to National For- ests within the meaning of the prohibition contained in the act of March 4, 1907. (Same.) Construction of Forest Service telephone lines over unreserved pub- lic lands need not be protected by prior reservation of a right of way by the Interior Department, but as a matter of policy a reservation should be requested. (1 Sol. Op., 276.) The construction and maintenance of roads and trails by the Forest Service upon unsurveyed vacant public lands, although such lands are outside the National Forests, is authorized and such construction and maintenance operates as a reservation of right of way which will not ai affected by subsequent sale or disposition of the lands. (1 Sol. ., 482.) The consent of the landowner must be secured for the construction of a Forest Service telephone line along a public highway passing over patented land. (1 Sol. Op., 295.) Powers and discretion of Secretary.—The exercise of the jurisdiction of the Secretary of the Interior over applications for rights of way within reservations under these acts involves more than a mere legal discretion and he should look beyond the mere technical sufficiency of the application and in a broad view subserve the interests of the whole people. (California-Nevada Canal, Water & Power Co., 40 Lic D:; 880: “Under act March 38, 1891, c. 561, §§18, 19, 26, Stat. 1101, 1102 (U.S. Comp. St., 1901, pp. 1570, 1571), granting right of way for irri- gating canals, ditches, and reservoirs over the public lands to irrigation companies, upon the filing of a map thereof and its approval by the Secretary of the Interior, such approval is essential, and where it was 56 NATIONAL FOREST MANUAL—LAWS. refused as to a reservoir because the site had been previously with- drawn from sale or entry and reserved by the United States, the com- pany acquired no right or easement by the filing of its maps.’’ (United States v. Rickey Land & Cattle Co. et al., 164 Fed., 496.) Under the act of March 3, 1891 (26 Stat., 1095), the approval of the Secretary of the Interior is necessary to the acquisition of a right of way - over, on, or across a National Forest. (Pope, J., in United States v. The Henrylyn Irrigation District, The Inter-Mountain Water Co., and J. A. MclIlwee, decided Nov. 25, 1912, district court of the United States for the District of Colorado.) Railroad rights of way.—The Secretary of the Interior may, under the act of March 3, 1899 (30 Stat., 1233), grant or refuse to grant railroad rights of way through the forest reserves, and, asa condition of making the grant, he may impose conditions, as by requiring the company to exe- cute a bond with sureties binding itself and its successors to pay for any and all damages to the public lands, the timber, natural curiosities, and other public property thereon, from such occupation and use of the reservation. (United States v. Bailey, 178 Fed., 302.) In such a case a receiver of the railroad is its ‘‘successor,’’ and the bondsmen will be liable with him in a suit on the bond. (Id.) On application for a railroad right of way over lands upon which are possible power sites examination should be made to determine whether the lands may be used to the best advantage for power sites or other power purposes, and the question of approving the application will then be determined by considerations of the greatest public good to result from the one or the other use. If the decision is in favor of the power use, the lands will then be withdrawn, unless the road can be so located as not to interfere with future power uses. (Continental Tunnel Ry. Co., 39 L. D., 86; see also Denver & Rio Grande R. R. Co., 39 L. D., 209, and Skagit Power Co., 39 L. D., 89.) Where a railroad company consents in writing to the location of a store upon itsright of way within a National Forest, thus waiving its right to exclusive possession, the Forest Service may issue a permit for such store, thus legalizing the occupancy so far as the Government is con- cerned. d Sol. Op., 790.) Under the act of March 3, 1875 (18 Stat., 482), granting to railroads the right of way through public lands, such grant took effect upon the construction of the road. (Jamestown & Northern R. Co. v. Jones, 177 U.S., 125; Minneapolis, etc. R. Co. v. Doughty, 208 U.S., 251; Stalker et al. v. Oregon Short Line R. R. Co. ,225 U.S., 142.) A railroad company does not acquire a vested right under the act of March 3, 1875 (18 Stat., 482), over unsurveyed land by filing a map of the route in the local and General Land Offices. (1 Sol. Op., 459. No rights are acquired as against the United States until the line has been ascertained by actual construction or the application has been approved by the Secretary of the Interior, and rights initiated sub- sequent to temporary or permanent withdrawals are subject to such withdrawals. (Same.) Irrigation rights of way.—Prior to approval by the Secretary of the Interior, the inchoate right acquired by an application for right of way under the act of March 3, 1891, is subject. to the power of Congress to deny the right by making other disposition of the lands affected. (Sierra Ditch Water Co., 38 L. D., 547.) The approval by the Secretary of Agriculture of an application for a right of way under the acts of March 3, 1891, and May 11, 1898, for a reservoir site within a National Forest does not vest an easement in the applicant, but is merely advisory to the Secretary of the Interior and subject to his paramount jurisdiction under his said acts. (Cali- fornia-Nevada Canal, Water & Power Co., 40 L. D., 380.) Approval of applications for rights of way under the act of March 3, 1891, as amended by the act of May 11, 1898, for primary purposes of irrigation, are subject to all valid existing rights and upon the express condition that the right of way be used for the main purpose of irriga- tion; that any electrical power or energy developed thereunder is to be primarily used for the purpose of irrigation; and any abandonment or violation of such use, or neglect to comply with the provisions of the law. will work a forfeiture which will be enforced by appropriate nr°- NATIONAL FOREST MANUAL—LAWS. ceedings. (Instructions, case of Pamma Power & Irrigation Co., 39 L. D., 309; see also Kern River Co., 38 L. D., 302.) Applications for rights of way under the provisions of the act of March 3, 1891, and section 2 of the act of May 11, 1898, will not be allowed except upon a satisfactory showing that the right of way is desired for the rants purpose of irrigation. (Inyo Consolidated Water Co., 37 8/79. Whenever in his judgment the granting of a right of way under the act of March 3, 1891, over a national park would interfere with proper occupation of the reservation by the Government, the Secretary of the Interior may withhold his approval therefrom. (Sierra Ditch & Water Co., 38 L. D., 547.) There is no authority under the irrigation right of way act of March 3, 1891, to require the applicant to keep the reservoir or lake open to the public for fishing purposes. (1 Sol. Op., 174.) Electric power rights of way.—A company organized chiefly for the purpose of generating and distributing power is not within the pur- view of the act of March 3, 1891; and where an application by such a company for right of way under that act has been approved, for lands now within a National Forest, the company may be permitted to relinquish all rights under such approval and amend its application to bring it within the act of February 15, 1901, failing to do which, action should be taken by the Land Department with a view to revo- cation of such approval. (The Kern River Co., 38 L. D., 302.) A right of way for the deve pent of electric power could not be acquired under the act of 1866 (Rev. Stat., 2339). Congress did not, in that act, contemplate power companies, because none were then in existence. (The Kern River Co., 38 L. D., 302, 309.) Under the act of February 15, 1901, the Secretary of the Interior may, in his discretion, refuse to approve an application until the ap- plicant files a stipulation to comply with ‘‘all laws or regulations now in force or which may hereafter be passed or promulgated.’’ (Decision of Secretary of the Interior of Sept. 16, 1912 (unpublished), in case of Central Colorado Power Co.) The rights of way granted by section 4 of the Forest Transfer Act are limited to municipal and mining purposes, including the milling and reducing of ores, and an application under it should not be allowed where it appears that the chief purpose for which the right is desired is the generation of power for commercial use and that its utilization for mining operations is merely incidental to such purpose. (Northern California Power Co., 37 L. D., 80.) A right of way for a ditch for mining purposes, acquired under the act of July 26, 1866, prior to the creation of a National Forest, can not legally be used to convey water for the exclusive purpose of gen- erating hydroelectric power for commercial sale. (2 Sol. Op., 728.) A right of way for a mining ditch acquired under the act of 1866 prior to the creation of a National Forest is a mere easement, and the lands affected become part of a subsequently created National Forest, sub- ject, however, to the easement for mining purposes. (2 Sol. Op., 728.) A power permit may be issued for lands embraced in a mining claim, and if by a private arrangement with the power company the mineral claimant waives his right of exclusive possession, this depart- ment may collect from the power company the usual charge for the use of such land for power purposes. (2 Sol. Op., 763.) The approval of a map of right of way under the act of May 14, 1896, confers merely a permission amounting to a personal license revocable by operation of law through transfer or assignment, or expressly by the Secretary. (2 Sol. Op., 925.) There is no authority in the Secretary of Agriculture to grant a power permit affecting National Forest lands withdrawn by the Pres- ident as a power site under the act of June 25, 1910. Applications for such permits may, however, be received for submission to the President. (2 Sol. Op., 817.) The act of February 15, 1901, authorizing the granting of revocable power permits, etc., does not extend to Alaska, (2 Sol. Op., 803), but permits for power rights of way may be granted under the act of June 4, 1897, 30 Stat., 11. (2 Sol. Op., 1032.) 57 58 Persons entitled to allotments. Applications to Secretary of Agri- culture. Action by Sec- retary of the Inte- rior. NATIONAL FOREST MANUAL—LAWS. Transmission lines, etc.—The authority to grant fifty-year easements for transmission and other lines under the act of March 4, 1911 (36 Stat., 1235), is vested in the Secretary of Agriculture when and in so far as the lands affected constitute portions of the National Forests. (29 Op. Atty. Gen., 303.) Telegraph lines.—The act of July 24, 1866 (now Rey. Stat., sec. 5263), granting rights of way for telegraph lines does not apply to National Forest lands. (1 Sol. Op., 266, 452.) INDIAN ALLOTMENTS IN NATIONAL FORESTS. Act June 25, 1910 (36 Stat., 855), relating to Indian allotments, etc. Src. 31. That the Secretary of the Interior is hereby authorized, in his discretion, to make allotments within the National Forests in conformity with the general allotment laws as amended by section [16] of this act, to any Indian occupying, living on, or having improve- ments on land included within any such National Forest who is not entitled to an allotment on any existing Indian reservation, or for whose tribe no reservation has been provided, or whose reservation was not sufficient to afford an allotment to each member thereof. All applications for allotments under the provisions of this section shall be submitted to the Secretary of Agriculture, who shall determine whether the lands applied for are more valuable for agricultural or grazing purposes than for the timber found thereon; and if it be found that the lands applied for are more valuable for agricultural or grazing purposes, then the Secretary of the Interior shall cause allotment to be made as herein provided.! TOWNSITES. Section 2286 and sections 2380 to 2394, inclusive, Revised Statutes, provide methods of acquiring public land for town-site purposes on the vacant unreserved lands of the United States. Act of March 3, 1877 (19 Stat., 392), provides for additional town sites. cr March 3, 1891 (26 Stat., 1101), provides for town sites on mineral lands. There are also various acts applicable to individual States. See circular Department of Interior of August 7, 1909 (38 L. D., 92). A town site actually settled and occupied before the creation of a National Forest is excepted from the proclamation, even though the land is unsurveyed; and an occupant of lands within the town site can not be required to take out a forest service permit. (2 Sol. Op., 726.) ADMINISTRATIVE SITES. The withdrawal of an administrative site riparian to a stream does not of itself reserve water for administrative uses on such site; and the right to such water can be secured only by appropriation under the State laws. (1 Sol. Op., 590.) The establishment of a forest reserve does not contemplate the actual use or occupancy of any particular tract within the designated boundaries of the reserve; hence there is no incongruity in providing that, after the creation of the reserve, lands may be prospected, and, if shown to be mineral in character, located and entered under the mining laws. The purposes for which the withdrawal now proposed to be made (administrative site) contemplates and requires the actual use and occupancy of each tract and the expenditure of money upon each or most of such tracts, and this of necessity excludes the operation of any other claim. Land not known at the time to be mineral in char- acter may be devoted to purposes recognized by law as proper in the aid of the objects sought to be attained by establishment of forest reserves, or coming within the purview of the appropriation acts for protection and administration of such reserves and subsequent discov- ery of mineral therein will not affect its use for those purposes or render 1 This section does not apply to the Minnesota National Forest. (Letter Secretary of the Interior to Secretary of Agriculture, Sept. 27, 1912.) / NATIONAL FOREST MANUAL—LAWS. it liable to exploration, location, or entry under the mining laws. (Opinion of the Assistant Attorney General, 35 L. D., 262-268.) SPECIAL USE PERMIT. A special use permit for the use of lands for a summer home remains in full force and effect and gives the permittee complete right of pos- session and use as against subsequent locators of a mining claim. (Le Roy et al. v. Swanson; unpublished findings of the county court of Colorado for Clear Creek County, date Feb. 6, 1912.) TIMBER AND STONE FOR UNITED STATES RECLAMATION WORKS. Act of February 8, 1905 (33 Stat., 706). In carrying out the provisions of the national irrigation law approved June seventeenth, nineteen hundred and two, and in constructing 59 Reclamation Service may use material from Na- works thereunder, the Secretary of the Interior is hereby authorized to tional Forests. use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is hereby authorized to permit the use of earth, stone and timber from the forest reserves of the United States for the same purpose, under rules and regulations to be prescribed by him. SILVICULTURE. TIMBER SALES. Timber sales provisions of act June 4, 1897 (30 Stat , 11, 35). as amended by act June 6, 1900 (31 Stat., 661). For the purpose of preserving the living and growing timber and promoting the younger growth on forest reservations, the Secretary of the Interior, under such rules and regulations as he shall prescribe, may cause to be designated and appraised so much of the dead, matured, or large growth of trees found upon such forest reservations as may be compatible with the utilization of the forests thereon, and may sell the same for not less than the appraised value in such quantities to each purchaser as he shall prescribe, to be used in the State or Territory in which such timber reservation may be situated, respectively; but not for export therefrom. * [Before such sale shall take place notice thereof shall be given * * * for not less than thirty days, by publication in one or more newspapers of general circulation, as he may deem necessary, in the State or Territory where such reservation exists: Provided, however, That in cases of unusual emergency the Secretary of the Interior may, in the exercise of his discretion, permit the purchase of timber and cord wood in advance of advertisement of sales at rates of value approved by him and subject to payment of the full amount of the highest bid resulting from the usual advertisement of sale: Provided further, That he may, in his discretion, sell without advertisement, in quantities to suit applicants, at a fair appraisement, timber and cord wood not exceeding in value one hundred dollars stumpage: And provided fur- ther, That in cases in which advertisement is had and no satisfactory bid is received, or in cases in which the bidder fails to complete the purchase, the timber may be sold, without further advertisement, at private sale, in the discretion of the Secretary of the Interior, at not less than the appraised valuation, in quantities to suit purchasers: And provided further, That the provisions of this act shall not apply to existing forest reservations in the State of California, or to reservations that may be hereafter created within said State].3 : ; Modified by agricultural appropriation, act of Mar. 4, 1907 (34 Stat., 1270), printed next ollowing. 2 The matter in brackets is taken bodily from the act of June 6, 1900 (31 Stat., 661), which amends the original act by substituting this language. 3 This proviso is repealed by a provision in the agricultural appropriation act of June 30, 1906 (34 Stat., 669, 684), post p. 60. Timber, ap- praisal and sale. Advertisement of sale Emergency sales in advance of advertisement. Private sale where bid unsat- isfactory, etc 60 NATIONAL FOREST MANUAL—LAWS. * * * Such timber before being sold shall be marked and desig- Cutting and re- nated, and shall be cut and removed under the supervision of some — person appointed for that purpose by the Secretary of the Interior not interested in the purchase or removal of such timber nor in the employ- ment of the purchaser thereof. Such supervisor shall make report in writing * * * of his doings in the premises. Free use of tim- The Secretary of the Interior may permit, under regulations to be Loetl ag by set- prescribed by him, the use of timber and stone found upon such reserva- ae tions, free of charge, by bona fide settlers, miners, residents, and pros- pectors for minerals, for firewood, fencing, buildings, mining, prospect- ing, and other domestic purposes, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located.! Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). Forestproducts [1270] And the Secretary of Agriculture may, in his discretion, rascal ra a ae permit timber and other forest products cut or removed from the ritory. national forests of the United States, except the Black Hills National Forest in South Dakota,? to be exported from the State, Territory, or the district of Alaska, in which said forests are respectively situated: Restrictions as Provided, That the exportation of dead and insect-infected timber only ici Mage from said Black Hills National Forest shall be allowed until such time * as the Forester shall certify that the ravages of the destructive insects in said forest are practically checked, but in no case after July first, nineteen hundred and eight. This proviso was repeated in the agricultural appropriation acts of May 23, 1908, March 4, 1909, May 26, 1910, and March 4, 1911, except that the time limit fixed in the last line was extended, first to July 1, 1910, and then to July 1, 1912. The old Black Hills National Forest having been divided into the Black Hills and Harney National Forests, the agricultural appropriation act of August 10, 1912 (37 Stat., 269) applies this provision to both, and further extends the time limit to July 1, 1914. Agricultural appropriation act of June 30, 1906 (34 Stat., 669). Timber salesin [684] Hereafter sales of timber on forest reserves in the State of a California shall in every respect conform to the law governing such sales in other States, as set forth in the act of June sixth, nineteen hun- dred (Thirty-first Statutes at Large, page six hundred and sixty-one). _Minnesota Na- Norte. For timber sale provisions relating especially to the Minne- tional Forest. —_ gota National: Forest (see sec. 2 of the act of May 23, 1908, 35 Stat., 268). Agricultural appropriation act of August 10, 1912 (37 Stat., 269). Bales to settlers That the Secretary of Agriculture, under such rules and regulations pe farmers at as he shall establish, is hereby authorized ‘and directed to sell at actual : cost, to homestead settlers and farmers, for their domestic use, the mature, dead and down timber in national forests, but it is not the intent of this provision to restrict the authority of the Secretary of Agriculture to permit the free use of timber as provided in the Act of June fourth, eighteen hundred and ninety seven. The act of June 3, 1878 (20 Stat., 88) authorizing the citizens of Colorado, Nevada, New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, and Montana and ‘‘all other mineral districts of the United States’’ to fell and remove timber on the public domain for mining and domestic purposes, is printed on page 64, post, under ‘‘Trespass.’’ Forest transfer act of February, 1905 (33 Stat., 628). au wood and Src, 2, That pulp wood or wood pulp manufactured from timber in unl fron, the district of Alaska may be exported therefrom. Alaska. 1 Modified by agricultural appropriation act of Mar. 4, 1907 (34 Stat., 1270), printed next following. 2 This does not prevent the Secretary of Agriculture from causing tree seeds to be collected in the Black Hills Nationa Forest for the use of the Forest Service in seeding as aes a States. The prohibition does not apply to governmental uses. ol. Op., 424. NATIONAL FOREST MANUAL—LAWS. Tariff act of June 29, 1909, free list, paragraph 652 (36 Stat., 11, on p. 78). 61 652. Plants, trees, shrubs, roots, seed cane, and seeds imported by _ Plants, ites, the Department of Agriculture or the United States Botanic Garden. ¢t¢-» !mporte Agricultural appropriation act of bt aH i Bi 37 Stat., 269 (Nebraska National Forest. Provided, That from the nurseries on said forest the Secretary of Agriculture, under such rules and regulations as he may prescribe, may furnish young trees free, so far as they may be spared, to residents of the territory covered by ‘‘An Act increasing the area of homesteads in a portion of Nebraska,’’ approved April twenty-eighth, nineteen hun- dred and four. DecIs1ons APPLICABLE TO TIMBER SALE CONTRACTS. The general rule is that when one enters into a contract with the Government, his obligation thereunder becomes fixed beyond the power of any Government official to modify its terms so as to relieve him of any of the burdens imposed upon him. (2 Sol. Op., 744, and cases there cited.) It seems, however, that the proper Government officials may, by acquiescence, waive the time limit in a contract by allowing the con- tractor to continue the work. In such cases all the other requirements of the contract govern the relations of the parties. (Same.) It seems also that the head of a department can waive penalties or forfeitures provided for in a contract in case of nonperformance within the time limit, when the Government suffers no damage by the delay; or if it suffers some damage less than the amount of the penalty or forfeiture, he may remit all above the actual damage which the Gov- ernment has suffered. (Same.) It seems further that in cases where the interests of the Government clearly so require, the head of a department may modify or abrogate a contract with or without the consent of the contractor. If done with- out the consent of the contractor and he suffers damage or loss thereby, he probably has a claim against the United States for the amount thereof. The officer modifying or abrogating a contract may or may not have power to settle the claim, depending upon the circumstances and the terms of the statute under which he is acting. (Same.) The Comptroller of the Treasury applies the foregoing general rules to timber sale contracts in the same manner and to the same extent as to other contracts with the Government. (See Comptroller’s decision of Dec. 27, 1911, unpublished. ) Where a railroad right of way stipulation provides for payment for “merchantable” timber cut from the right of way, and expressly declares that ‘All timber down to the diameter of 4 inches shall be considered merchantable,’’ the Secretary of Agriculture has no authority to modify the contract so as to require payment only for timber down to 6 inches in diameter. (2 Sol. Op., 744.) Where, before expiration of a timber sale contract, the purchasers notify the forestry officials that they have sold their saw mill and equipment, because the contract is unprofitable, and it appears that they have done no work under it for several months, the Government may treat the contract as abandoned, and sell the remaining timber to other parties; but there is no authority to cancel the old contract so as to relieve the purchasers thereunder from liability for damages thereunder in case any shall have been found to have ae sustained by the United States. If, in such case, the Government sells the re- maining timber to others and receives from them the full price fixed in the original contract, then it could not collect such price from the orig- inal contractors. (2 Sol. Op., 758.) Upon certificate of the proper forest officer that no damage has been sustained by the Government through the abandonment of a timber sale contract, a refund may be made to the purchaser of any amounts paid by him and remaining in the hands of the Government, over and above what is due for timber actually taken and for such expenses as the Government may have incurred (Solicitor to his Assistant at Albuquerque, Oct. 3, 1912.) Nebraska Na- tional Forest. 62 NATIONAL FOREST MANUAL—LAWS, The decision in 28 Op. Atty. Gen., 12, is limited to the case actually presented and decided, namely, that an executive officer may refrain from enforcing a contract when some action of the Government, in its sovereign capacity, has made it inequitable to do so, although the waiver may be prejudicial to its pecuniary interests. That decision can not be applied where the only ground tor releasing the contractor is that the contract has become less profitable than he expected. (Let- ter of Attorney General to Secretary of Agriculture, dated June 10, 1911.) It is illegal to include in a timber sale contract a clause providing for a reduction in stumpage price in consideration of the purchaser’s reforesting portions of the sale area (Solicitor’s letter of Nov. 20, 1911, to the Forester), or constructing fire lines (1 Sol. Op., 437). Timber which has been cut by the purchaser and not removed before the date fixed in clause 12 of timber sale Form 202, nevertheless belongs to the purchaser when he has paid the double stumping price pro- vided for by clause 14. He may, therefore, remove it from the forest after the date fixed in clause 12, but must do so in a reasonable time, and under the supervision and direction of the forest officers super- vising the sale. (2 Sol. Op., 836.) Secretary of Agriculture may sell insect-infested timber, which is a menace to the National Forest, from an unperfected mining claim thereon, even without the consent of the claimant (Lewis et al. v. Garlock, United States intervenor, 168 Fed., 153). In view of the exigency created by the great forest fires of the summer and fall of 1910, and of the facts presented showing the rapid deterior- ation of fire-killed timber in the northern and northwestern States, the Secretary of Agriculture may permit the claimants to sell such timber from homestead and other claims and from unsurveyed or unclassified railroad sections, taking a bond, with adequate security, from the purchaser to protect the interest of the United States, as the same may ultimately appear. (Letter of the Attorney General to the Secretary of Agriculture dated Nov. 23, 1911.) It is understood that the foregoing opinion is limited to the situation created by the great fires of 1910, and is not to be applied generally, even to fire-killed timber, especially in regions where such timber does not rapidly deteriorate. (Solicitor to his Assistant at San Francisco, Jan. 22, 1912.) Notr.—Prior to the receipt of the above-mentioned letter of the Attorney General, the Solicitor had rendered the decisions digested in the four paragraphs next following, which are still applicable, except as above stated. The Forest Service is not authorized to sell fire-killed timber upon homesteads, or to enter into an agreement with homesteaders to sell the timber to purchasers and deposit the proceeds in the Treasury to be refunded upon the patenting of the claim. (1 Sol. Op., 327.) There is no authority to make an agreement permitting an assignee of the Northern Pacific Railroad Co. to cut over lands covered by an unperfected selection under the act of March 2, 1899 (30 Stat., 993), at his own risk, upon filing a bond to indemnify the Government should such selection fail (1 Sol. Op., 463). Neither the Northern Pacific Railroad Co. nor the Forest Service, nor the two acting together under agreement, can legally dispose of timber upon unsurveyed unclassified odd sections within the primary limits of the railroad grant. (1 Sol. Op., 327.) A mining claim properly marked upon the ground is presumed to be valid until its validity is determined by the Interior Department in a proper proceeding and the Forest Service can not sell timber from such a claim merely because it appears to the Forest Service to be invalid. (1 Sol. Op., 181.) GRAZING. There are no statutes specifically relating to grazing upon the Na- tional Forests. The grazing regulations are based on the provision Provisi f in the act of June 4, 1897 (30 Stat., 11, 35), which reads as follows: protection , Lhe Secretary of the Interior shall make provisions for the protec- against fire, etc. tion against destruction by fire and depredations upon the public forests NATIONAL FOREST MANUAL—LAWS. 63 and forest reservations which may have been set aside or which may be hereafter set aside under the said act of March third, eighteen hun- dred and ninety-one, and which may be continued; and he may make , Rules and regu- such rules and regulations and establish such service as will insure the ‘*°"*: objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any Uae ies violation of the provisions of this act or such rules and regulations bi sae d 5388, shall be punished as is provided for in the act of June fourth, eighteen p. 1044.’ hundred and eighty-eight, amending section fifty-three hundred and eighty-eight of the Revised Statutes of the United States. DECISIONS APPLICABLE TO GRAZING. The Secretary of Agriculture has the authority to make a charge for the use of lands in a National Forest for grazing (United States v. Grimaud et al., 220 U. S., 506, 522). The usual grazing permit constitutes merely a license revocable at the discretion of the Secretary of Agriculture. (2 Sol. Op., 895.) A person who has secured a waiver of grazing privileges in his favor cannot rely on the prior issuance of a permit to the person from whom he purchased as creating an estoppel against the Government to cancel the permit, there being no mutuality between the Government and such transferee. (Same.) The Forest Service may collect the usual kidding or lambing charge for kidding or lambing on an unperfected mining claim within a National Forest where the claimant waives his right to exclusive pos- session under the mining laws. (2 Sol. Op., 865.) For decisions relating to grazing trespasses, see ‘‘ Trespass, grazing,’’ post, p. 72. TRESPASSES. TIMBER TRESPASSES. CrimInaL Cope or Marcu 4, 1909 (36 Srart., 1088, 1098). Src. 49. Whoever shall cut, or cause or procure to be cut, or shal] Cutting and re- wantonly destroy, or cause to be wantonly destroyed, any timber fee panlice as. growing on the public lands of the United States; or whoever shall re- ‘ move, or cause to be removed, any timber from said public lands, with intent to export or to dispose of the same; or whoever, being the owner, master, or consignee of any vessel, or the owner, director, or agent of any railroad, shall knowingly transport any timber so cut or removed from said lands, or lumber manufactured therefrom, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. Nothing in this section shall prevent any _ Rights ofclaim- miner or agriculturist from clearing his land in the ordinary working 3's Under land of his mining claim, or in the preparation of his farm for tillage, or from ; taking the timber necessary to support his improvements, or the taking of timber for the use of the United States. And nothing in this section shall interfere with or take away any right or privilege under any ee eer the United States to cut or remove timber from any public lands. Src. 50. Whoever shall unlawfully cut, oraid in unlawfully cutting, , Cutting timber or shall wantonly injure or destroy, or procure to be wantonly in’ured {70m Tesetved or destroyed, ary tree, growing, standing, or being upon any land ; of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the auihority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. (As amended by act June 25, 1910, 36 Stat., 855, 857.) Src. 51. Whoever shall cut, chip, chop, or box any tree upon any _ Boxing for tur- lands belonging to the United States, or upon any lands covered by Pe?une: or embraced in any unperfected settlement, application, filing, entry, 64 NATIONAL FOREST MANUAL—LAWS. selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance, or shall knowingly encourage, cause, procure, or ald in the cutting, chipping, chopping, or boxing of any such tree, or shall buy, trade ior, or in any manner acquire any pitch, turpentine, or other substance, or any article or commodity made from any such piich, turpentine, or other substance, when he has knowledge that the same has been so unlawfully obtained from such trees, shall be fined not more ee five hundred dollars, or imprisoned not more than one year, or oth. Act of June 4, 1897 (30 Stat., 11). Provisions for [35] The Secretary of the Interior shall make provisions for the pro- wdeed ec t 1° tection against destruction. by fire and depredations upon the public ’~ forests and forest reservations which may have been set aside or which may be hereafter set aside under the said act of March third, eighteen Rules and regu- hundred and ninety-one, and which may be continued; and he ma iptiene: make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occu- pancy and use and to preserve the forests thereon from destruction; Penalty. and any violation of the provisions of this act or such rules and regula- = Pret 108. tions shall be punished as is provided for in the act of June fourth, "~~ eighteen hundred and eighty-eight, amending section fifty-three hun- dred and eighty-eight of the Revised Statutes of the United States. Note.—The statutes referred to in the closing lines of the above act were both ex- pressly repealed by the revised criminal code of 1909. The amending act (25 Stat., 166) is, however, printed next below. Act of June 4, 1888 (25 Stat., 166). Penalty fortres- Section fifty-three hundred and eighty-eight of the Revised Statutes eras of the United States be amended so as to read as follows: ‘‘Every person who unlawfully cuts, or aids or is employed in unlawfully cutting, or wantonly destroys or procures to be wantonly destroyed, any timber standing upon the land of the United States which, in pursuance of law, may be reserved or purchased for military or other purposes, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under authority of the United States, shall pay a fine of not more than five hundred dollars or be imprisoned not more than twelve months, or both, in the discretion of the court.’’ Act June 3, 1878 (20 Stat., 88). [This act applies only to unreserved land not within National Forests.] Timber in min- §xc. 1. All citizens of the United States and other persons, bona fide fral districts may residents of the State of Colorado, or Nevada, or either of the Territories . of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, authorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time bona fide residents, Secretary of the subject to such rules and regulations as the Secretary of the Interior may interior to TegU- }rescribe for the protection of the timber and of the undergrowth grow- Not to extend Ing upon such lands, and for other purposes: Provided, The provisions to railroads. of this act shall not extend to railroad corporations. {NotE.—By virtue of power granted to the Secretary of the Interior under act of June 3, 1878 (20 Stat., 88), said Secretary provides, in his ‘‘rules and regulations governing the use of timber on the public mineral lands”’ (29 L. D., 571): Disposal oftops, ‘SEc. 9. Persons felling or removing timber under the provisions of this act must brush, and other utilize all of each tree cut that can be profitably used, and must dispose of the tops, refuse. brush, and other refuse in such manner as to prevent the spread of forest fires.” Duty of land Sxc. 2. It shall be the duty of the register and the receiver of any Sn. local land office in whose district any mineral land may be situated to ascertain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized by this act, within, their respective land districts; and, if so, they shall immedi- NATIONAL FOREST MANUAL—LAWS. ately notify the Commissioner of the General Land Office of that fact; and all necessary expenses incurred in making such proper examina- tions shall be paid and allowed such register and receiver in making up their next quarterly accounts. [89] Sec. 3. Any person or persons who shall violate the provisions of this act, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months. Act March 3, 1891 (26 Stat., 1093), ane e eeuon 8 of the act to repeal the timber cul- ure laws. Sec. 8. * * * And in the States of Colorado, Montana, Idaho, North Dakota, and South Dakota, Wyoming, and the District of Alaska, and the gold and silver regions of Nevada and the Territory of Utah in any criminal prosecution or civil action by the United States for a tres- pass on such public timber lands or to recover timber or lumber cut thereon it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timberlands for use in such State or Territory by a resident thereof for agricultural, mining, manu- facturing, or domestic purposes under rules and regulations made and prescribed by the Secretary of the Interior and has not been trans- ported out of the same, but nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain, provided that the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber except as may be prescribed by such rules and regulations, but this act shall not operate to repeal the act of June third, eighteen hundred and seventy-eight, providing for the cutting of timber on mineral lands. The above act was extended to New Mexico and Arizona by the amending act of February 13,1893 (27 Stat., 444), and to California, Oregon, and Washington by the amending act of March 3, 1901 (31 Stat., 1436). FIRE TRESPASSES. CRIMINAL Cop& or Marcu 4, 1909 (36 Srar., 1088, 1098, snp 1099). Sec. 52. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other in- flammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. Sec. 53. Whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain, or upon any In- dian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Gov- ernment, or while the same shall remain inalienable by the allottee without the consent of the United States, shall before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one ong or both. (As amended by Act June 25, 1910, 36 Stat., 855, 857. Src. 54. In all cases arising under the two preceding sections the fines collected shall be paid into the public school fund of the county in which the lands where the offense was committed are situated. UNLAWFUL FENCING. Act of Feb. 25, 1885 (23 Stat., 321), to prevent unlawful occupancy of the public lands. Src. 1. That all inclosures of any public lands in any State or Terri- tory of the United States, heretofore or to be hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, 66777 °—13——d 65 | Trespass. Penalty. Timber from ublic timber ands. Defenses. Agricultural, mining, etc., uses. Setting fires. Same. Fines go to school fund. Inclosure of public land with- out claim forbid- den. 66 NATIONAL FOREST MANUAL—LAWS. association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are hereby declared to be unlawful, and the maintenance, erection, construction, Assertion of ex- or control of any such inclosure is hereby forbidden and prohibited; clusive right. —_ and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and hereby prohibited.! 3 Chant. ae Src. 2. That it shall be the duty of the district attorney of the United von.) BY“ States for the proper district, on affidavit filed with him by any citizen of the United States that section one of this act is being violated, show- ing a description of the land inclosed with reasonable certainty, not necessarily by metes and bounds nor by governmental subdivisions of surveyed lands, but only so that the inclosure may be identified, and the persons guilty of the violation, as nearly as may be, and by descrip- tion, if the name can not on reasonable inquiry be ascertained, to insti- tute a civil suit in the proper United States district or circuit court, or Territorial district court, in the name of the United States, and against the parties named or described who shall be in charge of or controlling the inclosure complained of as defendants; and jurisdiction is also hereby conferred on any United States district or circuit court, or Ter- ritorial district court, having jurisdiction over the locality where the land inclosed, or any part thereof, shall be situated, to hear and deter- Injunction. mine proceedings in equity, by writ of injunction, to restrain violations of the provisions of this act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employee having charge or control of the inclosure; and any suit brought under the provisions of this section shall have precedence for hearing and trial over other cases on the civil docket of the court, and shall be tried and determined at the earliest practicable Summary de-day. In any case, if the inclosure shall be found to be unlawful, the a court shall make the proper order, judgment, or decree for the destruc- tion of the inclosure, in a summary way, unless the inclosure shall be removed by the defendant within five days after the order of the court. Obstruction of Src. 3. That no person, by force, threats, intimidation, or by any eae fencing or inclosing, or any other unlawful means, shall prevent or ob- bidden. struct, or shall combine and confederate with others to prevent or ob- struct, any person from peaceably entering upon or establishing a set- tlement or residence on any tract of public land subject to settlement or entry under the public lands laws of the United States, or shall pre- vent or obstruct free passage or transit over or through the public lands: Provided, This section shall not be held to affect the right or title of persons who have gone upon, improved, or occupied said lands under the land laws of the United States, claiming title thereto, in good faith. Criminalaction. Sec. 4. That any person violating any of the provisions hereof, Penalty. whether as owner, part owner, agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor, and fined in a sum not exceeding one thousand dollars or be imprisoned not exceeding one year, or both, for each offense. (As amended by act Mar. 10, 1908 (35 Stat., 40).) ; 1 It is unlawful under this act for persons who have spate the right to use railroad odd sections to construct a fence located entirely on the odd sections, but in such a man- ner as to inclose with the odd sections some of the even sections belonging to the Govern- ment. (Camfield v. United States, 167 U.S.,538.) In this case the court relied upon the maxim that one must use his own so as not to injure another; and as this gave rise to the suggestion that the result would involve the exercise by the United States of police power within a State, the court said, ‘“‘ We do not think the admission ofa Territory as a State deprives it (Congress) of the power of legislating for the protection of the public lands, though it may thereby involve the exercise of what is ordinarily known as the police power, so long as such power is directed solely to its own protection. A different rule bib ea the public domain of the United States completely at the mercy of State egislation, NATIONAL FOREST MANUAL—LAWS. 67 Src. 5. That the President is hereby authorized to take such meas- _ President may ures as shall be necessary to remove and destroy any unlawful inclosure fomove fence by of any of said lands, and to employ civil or military force as may be . necessary for that purpose. Src. 6. That where the alleged unlawful inclosure includes less than , Inclosures of one hundred and sixty acres of land, no suit shall be brought under the ee) A ey provisions of this act without authority from the Secretary of the Inte- : rior. Src. 7. That nothing herein shall affect any pending suits to work Pending | suits their discontinuance, but as to them hereafter they shall be prosecuted 7° 2#ected. and determined under the provisions of this act. MISCELLANEOUS TRESPASSES AND OTHER OFFENSES AGAINST THE UNITED STATES. Act of June 8, 1906 (34 Stat., 225), for the preservation of American antiquities. Any person who shall appropriate, excavate, injure, or destroy any Destruction of historic or prehistoric ruin or monument, or any object of antiquity, historic and pre- situated on lands owned or controlled by the Government of the United oe ats States, without the permission of the Secretary of the Department of prohibited. the Government having jurisdiction over the lands on which said antiq- uities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned fora period of not more than Penalty. ninety days, or shall suffer both fine and imprisonment, in the discre- tion of the court. The remainder of the foregoing act, authorizing the establishment of national mon- uments, is printed ante, page 12. CRIMINAL CopE OF MArRcH 4, 1909. Src. 84. Whoever shall hunt, trap, capture, willfully disturb, or Hunting, ete., kill any bird of any kind whatever, or take the eggs of any such bird, 00 bird refuges. on any lands of the United States which have been set apart or reserved as breeding grounds for birds by any law, proclamation, or executive order, except under such rules and regulations as the Secretary of Agri- culture may, from time to time, prescribe, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. (The foregoing section seems to be a codification of the act of June 28, 1906 (34 Stat., 536). That act, however, is not specifically repealed, and it contains the following proviso: ‘“ Provided, That the provisions of this act shall not apply to the Black Hills Forest Reservation, in South Dakota.’’) Act of Jan. 24, 1905 (33 Stat., 614); act of June 29, 1906 (34 Stat.. 607). The foregoing acts, which authorize the establishment of the Wichita game and bird refuge and the Grand Canyon game refuge contain penal provisions substantially the same as in section 84, supra. Src. 55. Whoever, except forest rangers and other persons employed Trespass on by the United States to protect the forest, Federal and State officers Bull Run Forest. in the discharge of their duties, and the employees of the water board of the city of Portland, State of Oregon, shall knowingly trespass upon any part of the reserve known as Bull Run National Forest, in the Cas- cade Mountains, in the State of Oregon, or shall enter thereon for the purpose of grazing stock, or shall engage in grazing stock thereon, or shall permit stock of any kind to graze thereon, shall be fined not more are ae hundred dollars, or imprisoned not more than six months, or both. - Sec. 56. Whoever shall knowingly and unlawfully break, open or Breaking inclo- destroy any gate, fence, hedge, or wall inclosing any lands of the United *"°* States which, in pursuance of any law, have been reserved or purchased by the United States for any public use; or whoever shall drive any cattle, horses, hogs, or other live stock upon any such lands for the pur- pose of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or whoever shall knowingly permit his Permitting cattle, horses, hogs, or other live stock, to enter through any such Stock to trespass. inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other live stock may or can destroy the grass or trees or other property of the United States on the said lands, shall be fined not 68 NATIONAL FOREST MANUAL—LAWS. more than five hundred dollars, or imprisoned not more than one year, or both: Provided, That nothing in this section shall be construed to apply to unreserved public lands. False persona- Sec. 32. Whoever, with intent to defraud either the United States tion, ete. or any person, shall falsely assume or pretend to bean officer or employee acting under the authority of the United States or any department, or any officer of the Government thereof, and shall take upon himself to act as such, or shall in such pretended character demand or obtain from any person or from the United States, or any department, or any officer of the Government thereof, any money, paper, document, or other valu- able thing, shall be fined not more than one thousand dollars, or impris- oned not more than three years, or both. Re Bee a of Sec. 46. Whoever shall rob another of any kind or description of a #©©S personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than five thou- sand dollars, or imprisoned not more than ten years, or both. Embezzlement, Sec. 47. Whoever shall embezzle, steal, or purloin any money, prop- theft, ete. erty, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. Receiving sto- Sec. 48. Whoever shall receive, conceal, or aid in concealing, or len property. shall have or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or pur- loined by any other person, knowing the same to have been so embez- zled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both; and such per- son may be tried either before or after the conviction of the principal offender. ae estroying Src. 57. Whoever shall willfully destroy, deface, change, or remove vey ernment s""- to another place any section corner, quarter-section corner, or meander ; post, on any Government line of survey, or shall willfully cut down any witness tree or any tree blazed to mark the line of a Government survey, or shall willfully deface, change, or remove any monument or bench mark of any Government survey, shall be fined not more than pi ee ge and fifty dollars, or imprisoned not more than six months, or both. Malicious de- Src. 60. Whoever shall willfully or maliciously injure or destroy any tl Stat oF of the works, property, or material of any telegraph, telephone, or cable property,ete. line, or system, operated or controlled by the United States, whether constructed or in process of construction or shall willfully or maliciously interfere in any way with the working or use of any such line, or sys- tem, or shall willfully or maliciously obstruct, hinder, or delay the transmission of any communication over any such line, or system, shall be fined not more than one thousand dollars, or imprisoned not more than three years, or both. Perjury. Sec. 125. Whoever, having taken an oath before a competent tri- bunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, de- clare, depose, or certify truly, or that any written testimony, declara- tion, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. PROCEDURE. Act of February 6, 1905 (33 Stat., 700), for the protection of the public forest 1eserves and national parks of the United States. Arrests by for- All persons employed in the forest reserve and national park service est officers. : . . . of the United States shall have authority to make arrests for the viola- tion 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 infor- NATIONAL FOREST MANUAL—LAWS. 69 mation by any competent person any United States commissioner in the proper jurisdiction shall issue process for the arrest of any person charged with the violetion 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. Unirep Srates Revisep STatuTEs. Sec. 183. Any officer or clerk of any of the Departments lawfully Officers, _ ete., detailed to investigate frauds or attempts to defraud on the Govern- 4. Do ment, 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 investigation. DECISIONS RELATING TO TRESPASSES. CuTtiInG oF TIMBER. IN GENERAL. 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. S8., 537.) Where one has unlawfully cut timber from lands of the United States it is no defence that he acted in accordance with a general custom 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.) FROM PUBLIC 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 recognized mineral region, but not 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 author- ized 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 guilty of a violation of the statute. (United States v. Redes, 69 Fed., 965.) The act of 1878 (20 Stat., 88) and the act of March 3, 1891 (26 Stat., 1093), have been construed by the land department as having prac- tically the same scope and purpose, the one applying only to mineral and the other only to nonmineral lands. Held, therefore, on the authority of United States v. United Verde Copper Co., supra, that the “re statute authorizes the use of timber for smelting purposes. (34 . D., 78.) 70 NATIONAL FOREST MANUAL—LAWS. FROM HOMESTEAD CLAIMS. The settler upon a homestead claim may cut such timber as is necessary to clear the land for cultivation or to build him a house, outbuildings, and fences, and, perhaps, as indicated in the charge of the court below, to exchange such timber for lumber to be de- voted to the same purposes, but not to sell the same for money, except so as the timber may have been cut for the purpose of cultiva- tion. While, as was claimed in this case, such money might be used to build, enlarge, or finish a house, the toleration of such practice would open the door to manifold abuses, and be made an excuse for stripping the land of its valuable timber. One man might be content with a house worth $100, while another might, under the guise of using the proceeds of the timber for improvements, erect a house worth sev- eral thousands. , and improve the ace Forests.’’ (Solicitor to his Assistant at San Francisco, Sept. 7, 1912. IMPROVEMENTS. Enlargement and improvement of ranger stations. See under ‘‘Operation,’’ page 17 ante. The installation for the first time of bathroom fixtures in the Fort Valley experiment station, in the same manner as similar fixtures are usually installed in the ordinary city house, are not repairs in the meaning of the appropriation act. (2 Sol. Op., 768.) Fruit trees, grapevines, and rose bushes purchased for planting on ranger stations can not be paid for out of any appropriation for the Forest Service made in the appropriation act of 1911. (1 Sol. Op., 556.) FIRE-FIGHTING FUND. Fees of an employment agency for services in securing fire fighters may be paid from the appropriation for fighting forest fires and other unforeseen emergencies. (1 Sol. Op., 349.) NATIONAL FOREST MANUAL—-LAWS. REFORESTATION. The appropriation for the year 1911 of $166,640 ‘‘For silvicultural and other experiments,’’ etc., is available, in the discretion of the Secretary, for allotment to the various forests, not for experiments and investigations merely but to carry on the work of reforestation. The amounts allotted may be used cumulatively with the amounts author- pie in appropriations for the various forests by name. (2 Sol. p-, 705. SUPPLIES. Supplies ordered under annual contracts for one fiscal year, but not delivered in that year, may be paid for at prices fixed by the contracts out of the appropriations for the succeeding year. (1 Sol. Op., 311.) If the need for ordering wire existed in the fiscal year 1910, and the contract in question was properly made under the appropriation for that year, the purchase price may be paid from that appropriation, even though the wire was not delivered until the next annual appro- priation has become effective, and it can not be put to physical use until some time in the next fiscal year. (Same.) REFUNDS. The refund provision in the agricultural appropriation act of March 4, 1907, contemplates cases of sales of National Forest products and does not apply to erroneous or excess collections for trespass on Na- tional Forest lands or to erroneous collections for products of lands not a part of the National Forests. (17 Comp. Dec., 204.) No refund can be made, under the act of March 4, 1907, of money paid for timber cut in the construction of an irrigation ditch under permit from the Forest Service, pending approval of maps filed with the Secretary of the Interior, even though the lands affected have been eliminated from the National Forest. (2 Sol. Op., 676.) Where a timber sale contract expired by limitation before all the timber paid for was cut, the right to damages, either actual or liqui- dated, became vested in the United States, and could not be waived or released by any officer of the Government. If, in such case, the contract provided for liquidated damages, or if the United States sus- tained actual damages by reason of the breach, and the amount de- posited did not exceed the sum of the purchase price of the timber cut and removed plus the amount of such damages, then no refund could be made. (Case of Orleans Longacre, Comp. Dec., Dec. 27, 1911. The provision in a timber-sale contract that ‘all moneys paid or promised under this agreement” shall become the property of the United States ‘‘as liquidated damages and not as a penalty,’’ on the failure of the purchaser to fulfill ‘‘all and singular’’ the numerous re- quirements of the contract, some of which are comparatively trivial and if broken can result in little damage, is, in legal substance and effect, a provision for a penalty, and arefund can be made where mone a pay tied in excess of the actual damages suffered. (2 Sol. (, Sal. The provision in timber-sale Form 202 that refunds will be made “only at the discretion of the Forester, except when the amount of such deposits is more than the value of the timber on the cutting area covered by this agreement,’’ does not empower the Forester to make refunds without limitation and without reference to the damages which may accrue to the Government by a breach of the contract. (2 Sol. Op., 831.) Where an applicant for a timber-sale contract deposits money to cover the cost of advertising the sale, and dies before submitting a bid, the deposit may be regarded as made ‘‘to secure the purchase price on the sale” of forest products, and may be refunded to his legal repre- sentatives after deducting any expense incurred by the United States in consequence of the application. (Case of C. W. Dutrow, Comp. Dec., Dec. 27, 1911.) 66777°—13——6 81 82 NATIONAL FOREST MANUAL—LAWS. Where timber unlawfully cut is seized and subsequently released to the trespasser on payment of its value and his agreement to clean up the cut-over area, the transaction amounts to a sale on condition subsequent, and on his failure to perform the condition the money, less damages caused by the breach, may be refunded under the act of March 4, 1907, rar the trespassers be held liable for the trespass. (1 Sol. Op., 355. The amended refund provision contained in the act of March 4, 1911, being clearly remedial in character, is retrospective in its operation. (2 Sol. Op., 685; Comp. Dec., Dec. 27, 1911.) Moneys erroneously collected on account of a special-use permit to occupy lands listed under the act of June 11, 1906, could not be re- funded under the act of March 4, 1907 (34 Stat., 1256), but may be under the retroactive amendment contained in the appropriation act of March 4, 1911. (2 Sol. Op., 685; Comp. Dec., Dec. 27, 1911.) Where by mistake the amount agreed upon in settlement of a tres- pass by boxing for turpentine is twice paid, the excess payment may be refunded under the amending provision contained in the appro- priation act of March 4, 1911, as ‘‘money erroneously collected for the use of any lands.’’ (Case of C. J. Conger, Comp. Dec., Dec. 27, 1911.) Moneys collected for a trespass in cutting timber from an unper- fected homestead claim can not be refunded under the amending act merely because final proof has since been made and final certificate issued. If the cutting was in fact illegal when done, the subsequent proof and issuance of certificate does not satisfy the statutory require- ment that the act be “subsequently found to have been legal and proper.’’ (Case of Haney, Comp. Dec., Dec. 27, 1911.) Where it is found that money has been collected in excess of the sum properly assessable for cutting timber on National Forest land, the excess may be refunded as “erroneously collected for the use of any lands.’’ (Case of Lopez, Comp. Dec., Dec. 27, 1911.) Money collected under a timber-sale contract for timber supposed to have been cut from National Forest land, but afterwards found to have been cut from private land, may be refunded to the owner of the land under the amending act. (2 Sol. Op., 743.) No refund can be made to a special-use pasture permittee for depriva- tion of use by a mere trespasser who removes his fence and grazes part of the land. (1 Sol. Op., 662.) Unliquidated damages due on account of a trespass can not be set off against moneys in the hands of the Government which should be re- funded under the act of March 4, 1907. (2 Sol. Op., 355.) INDEX. - Page. Abandoned timber-sale contracts, disposal of timber, and refund.............. 61 Absaroka National Forest, appropriation, 1912..........24..---.2--2+-++-20- 78 mneence leaves, employees (do. Stat. L., 201)... <0... ene a ns ee see ene nes 15 Rigmenbess PULYIOAD nore ates aaessey= ee 4 nota Uenteind - ody HS we ate 24, 27 Accidents, employees’ injuries, report (35 Stat. L., 556)...............------- 5 Beresse “MOM es ead. NMEA Mot Soest - deep -ba05- - seawsd « 16 sie emwic ! < tau 2 Seek Mota he SOUS EY? 2. 2s 222s 61-62 URESOE SS CARES) co) SOBA AB AA Ot a ere 69-75 Declaratory statements, abandoned, disqualifies: for new entry of coal lands, Ce cI: tae see: ORS ee NS ar Zo ERE Pat ee ake eee ee 43 Deficiency appropriation act, 1899, authority of Secretary of Interior [Agricul- ture] to approve right of way for highways, extract...............-.---..-- Defiles, joint use by railroads, highways, etc. (18 Stat. L., 482).............. 51 Dennett, Fred, Commissioner, General Land Office, instructions on claims (39 OD Re es a a es 7 Se 18-19 Depredations, forest, regulations for prevention (30 Stat. L., 11).............. 6 Desert land, definition (19 Stat. L., 377).......-.......... Bite, 47 entries restricted to surveyed lands (35 Stat. L., 52).............- 48 under former acts, preservation of rights (26 Stat. L., 1095). 47-48 BomMesicae OMLES. ..----Los-us Bees oud a On eenue ss CuK etl 26 86 INDEX. Page. Desert land ail States in which effective (19 Stat. L.,377) ...........2..... 47 laws (19 Stat., L..hW@inch- asales sedto 1b. tau eeebush ieee 46-47 purchase, requirements (19 Stat: Li Slt) actlatied.24 vase 46A7 lands, definition, Gecisious: 5... A.useltoe le pital leeaieeen..:.-'. ceneae 49 limitation of area for entry (26 (Stat. ., 1095) <..o-002.... lle. 48 second entries, list of statutes. ....5..5..-.20.20. 2552-2222 eee eee 49 Discovery, mining claim, requirements jorentry, decisionad Lei....2 <0. 504- 38-48 Distillation, wood, investigations, appropriations, 1912. .........-........-.--- 78 District attorney, duty to prosecute fencing-act violations (23 Stat. L., 321).-.- 66 Ditch, right of way, statusjalecisiona. 4.05: Josie teneadn. airwave. 57 am, Natiesalt Wardtshifds5).sediocl. «<6 oan 0 rerctom ce 6 Ditches, irrigation, damage to other settler on public domain (R.S8., sec. 2339). 52 Electric power plants, rights of way (29 Stat. L., 120)...................20..4. 53 rights of way), decisions: 25./..4....=suisls. beelexunst solu 57 transmission lines, National reservations, easements of rights of way, (36 Stat. L. , 1235) » hase seen dead Dae! ova cin Soe Embezzlement, United States property, penaliinn:: (2.42 <2). asses Ja ee 68 Emergency sales, provisions for (20 Statel:. Ai)jst2-, edi ha cae oeeD. 2 7 Employee, Agriculture Department, compensation refused io. cewiiccnc. eee 18 compensation for injury, determination of amount (35 Stat. L., 556). 16 Employees’ compensation act, 1908 (35 Stat. L., 556)...........2.2..--2----- 15-16 for injuries, beneficiaries (a5: StatiiLs.556)ces. eee 16 provistonawof lawadrcis.....[2...04..02 15-16 leavesof absence (35) Stabile Qi) il eset beads 22 20..140 et 15 Entries by individuals for benefit of corporation, case...............-.-.----- 45-46 Entrymen, desert land, citizenship requirements (26 Stat. L., 1095)........... 48 homestead, "qualifications, decisions35)asci sla . 2G Sees Lee Tae 62-63 prosecubions under Statevlaweces. oo. eee eee eee 18 provisions for forest reserves by Interior Secretary (30 Stat. L., ; 11)... eee eeeiect sel eat in Ser eres: trespass regulations (30 Stat..dij Dio. alec A a ae. Se 64, 65 trespass, criminal code, 1909, extract (36 Stat. L., 1088, 1098, 1099) ....... 65 decisionis 5.02284 6 ost COR Gt Leet ee ee ee ee 71-72 public domain, penalties, disposition of fines, ete. (36 Stat. L., 1088,: 1098, 1099) ou. 2.0... oh Ree ah REEL CORR ee 65 Fiscal management. provisions! (0) aleve. Oe PE Le ae 75-82 Fish laws, State, application on forest reserve-.........---.-..--+-+-+22+-200- 7 protection, cooperation for (35 Stat. L., 251)......22--2.2 5.22 cece eee eee 15 INDEX. 87 Page Fishing, irrigation reservoirs, no public right...........-.+-----+----+------- 57 permission by custom (a0 Stat, DIL). .<. 2... chee es ~~. - 7 Forest lands, management investigations, appropriation, 1912 (37 Stat. L., 269 )\ ud oes bebe sree coca. dl Petes: Jo tals fees 7,78 officers, copies of land-case papers to be furnished to...........------- 19 duties in arrests and prosecutions........-.-.--..------------- 18 products, National Forests, exportations (34 Stat. L., 1256)........-... 60 rangers. See Rangers. . reservations. See Forest reserves. reserve, affidavit of settlement, perjury decision.............-.---.--- 75 reserves, creation only by act of Congress (34 Stat. L., 1256)............ 5 homestead entries, act, 1906 (34 Stat. L., 233).........2-..-.. 30-32 name, National Forests (34 Stat. L., 1256)..................-. 5 protection, procedure: (33,Stat. L., 700)... 222-2. s.12s23,---- 68-69 rights of way for municipal and mining purposes (33 Stat. L. GAR ic: dos-42 ecatnch seme cbere. Pit. de eluk. etal lign..-.. 54 silviculture, laws governing (31 Stat. L., 661).......-..----.- 59-62 transfer from Interior Department to Agriculture Depart- ment Aas, bist. LiwGeS)...c,s3sete-o.eres Jb areliie Abeat Service, authority denied to sell fire-killed timber. .............------ 62 to collect kidding or lambing charges on National Horesia ja: 19-2eodiyoc) bet ilies . eegERL. 63 make surveys of agricultural lands in forests... . 32 general expenses: (37.Stat..L..,i269) 03 sesso 2 oe ee Le 77-79 telephone lines, cutting, decision, penalties;eter 2 ot). of1'96.2 75 transier act, 1905, extracta (33: Stats Li: 628)... pe - wm aero esd hen 5, 14, 60 rights of way for municipal and mining purposes, extract. - 54 Forester, action in claims to land in National Forests (39 L. D. ea 8 Mie snap ee ae 20 Forests, ‘National, agricultural lands, homestead entry (34 Stat. L. 1 aD A le ete 30-33 ’ control by President (30 Stat. L., 11). 5 es aR 5 Polya 218 ST ae bie ae? 127 ie OAM |: 2) Sep aa la paar age 5 department trails, obstruction, decision, penalties, etc... .-.- 75 establishment and OR nN rice s gence = hat - 5-18 fire protection, grazing regulations (30 Stat. L., 35)........ 62-63 PANO a Ne OE he Ae an aon cic aictd Assi BS ries 63 POMEL ELOUIS Goll tte: Lat cl) 2 ro br aS on dole «oe Hoke 62-63 kidding or lambing charges, authority TO COG el oo ai 63 land claims, joint circular order 2p eel ete icy ele Se, pares 20-21 monuments, depredations, decisions, penalties, Cleese ae 75 timber and forest products, exportations (34 Stat. L., 1256)... 60 See also National Forests. Fort Valley experiment station, bathroom fixtures installation, expense lia- ELT hs bel Ts eee, ea ature ttle SE Sy Se a 80 Funds, Forest Service. See Fiscal management. Game laws, State, application on forest reserve.............-.-.2-2-22-2-000- 7 protection, ‘cooperation Get UE Fa WR a711 9a on 15 MGLIISCH. TORE EIOeS . eee ANOMRAOIIN sa ee eciee 14 General Grant National Park, rights of way for public uses (31 Stat L., 790)...... 53-54 Land Office, Commissioner, authority and duties in regard to coal and desert lands Gir. 2a0d PO Stabs Wea 7).- .~ le eeee sie eee ee 47 Geological Survey, authority to examine lands for Secretary of Agriculture Geeta lie 0G1) eee Rte DEN TED GO oo lucene eee deste 10 Glanders, mallein test, payment of cost unauthorized ............-.--.---.4.4- 18 Grand Canon game refuge, authorization (34 Stat. L., 607)...----.---.-------- 14 Gravel deposits, not subject to entry under mining laws, decision 2 202954). 40 removal from: publie lands, decision. -..22...5:.-.-- 22... - +++. eet eee 75 Grazing, National Forests, decision appease 2522 os Tess By 2 EP oy ee te a 63 regulations (30 Stat. L. ky Re oe ee ae 62-63 isespasses, decisions, penaltiesete. 2222.2. 222 ee eee 72-75 Harney National Forest, timber use, restriction..........---------+----+++e0-- 77 Hag, celbane irom, munis taint .\.\.02 b.stemens sie 2a 0. ieee) epee eee ee 37 ews, hHomestegd elataist ...).245 2.190) etalig-cotiwadssi ls Levcegame 2 ...-.--- 22, 24, 28 Highways over public lands, right of way (R. S., 2477)...-.....------------ 51 reconstruction for accommodation of railroads, burden of expense OR Sn Stare ney. Sees ee seems ei. Saeco. eee 88 INDEX. Highways, right of way, power of Secretary of Interior (30 Stat. L., 1214). ...... 51 See also Roads. Hog raising in lieu of cultivation on homestead entry, decision................. 30 Homestead claim not impaired by placer claim (R. 8.; 2331)...............-. 36 claims, protection from forest-reserve constructions (37 Stat. L., 269) 17 timber cutting rights, decisions. ....................----- 70 entries, abandoned, revert to United States....................-- 23 in forest-reserves act, 1906 (34'Stat.L.,233).0.. 50... 30-32 National Forests, validating, act, 1911 (36 Stat. L., 1084). . 25 second, and desert-land (36 Statb4'896).020r Ae 26 lands, transfer (R. Bi; 2EBB IGS U0 UR LOE A Hy POSE 21 laws,’ decisions. co: 915 Co0 0UU1 SOR Se eee See eL 27-30 provisions affecting Forest Service work, etc..........-.--- 21-30 rights on mineral lands, small areas in subdivision (R.S., 2331)... . 36 persons entitled to CR. Bs) 2289) 0.01 460.28 Mittens sae ee 21, 22 ar we of dead and down timber at cost authorized (37 Stat. »y BOD) «ndash ab AES TR) OSE SARS SS IORI ee 6 three- ayear law(37 Stati eaes))-sorvel. . sev. CREessoe os lgiae 24-26 Homesteads, enlarged, in certain Stated: cde kof sae RE ant. 5 0sie eae 27 not subject-to prioridebis1sceurs! a oo beeb 2 sed SEN 23 Horses, Government, impounding fee; dotisiom. - setigoceh ko. ok. ee 80 rangers’, mallein test, payment OLCOSG RISD Bes ani Tb ech Soe 18 transportation, appropriation liable fon, Mecistons cL. 50s 0 SPS. ances 80 Hunting, permission by custom (30 Stat. L. , 11) SSCL MRUEEESS TRIO Rs Shes 7 Hydroelectric power rights of way, dideisinazy:iiau>. eee, atte, ny ee 57 TGaMip, desert Ian Maye. os aap ein cin Fanilricteaig mia eee Sas eee 46-49 forest reserves, changes, control (34 Stat. L., 1256)..................- 5 increase forbidden (36 Stat. Nin BO EL Rees 2c non Sees 9 school Jands: ‘timber cuttimy, Glecuaut. - 0 ot. opm a oe Be ciee 49 Impounding Government hGTSes, 1b, DeciNOW os. ee a ee an one eae 80 ~ Incorporated company” defined, ‘decision. - . 2. p.n.0 oncom non ene nn------2=0 44 Indian allotments in National Forests, act 1910 (36 Stat. 0, Spe)... .........-.6 58 lands, free homesteads opened EO BEDULCIAG IG oo bongs ons oe 26 reservations, FOLCPCUCOS UO en ne he See ss te Rate ea eee eee 27,58 Indians entitled to allotments in National Forests (36 Stat. L. ¢ COD en. coke eee 58 Infant children, homestead claims (R. S., 2292). 02... ois. cones eee eens 22 Injuries, employees’, compensation, Ee Maen ae cael Dh cas hg ort 15-16 nat time limit (35 Stat. L., 556).........-. 15 reports (So Mint... GOO) nn panne nak dee eT ee ee 15 Iisane settlers, homestead claim. \. i <.\ separa se wile chee et ee oe ee - aa Interior [Agriculture], Secretary, authority to make regulations governing tim- ber cutting (26 Stat. L., 1093). 65 regulate timber cutting in min- eral districts (20 Stat. L. , 88).. 64-65 rent or lease mineral springs (30 Stat. L., 908) acces etliseeete 41 authorization under timber-culture law (26 Stat.do.,AQOB). + dot tent Lautan, Het 26 permit of free use of timber and stone (30 Slatl Tis ble. : bgo8l de Se eh cl tee oe | power to ‘provide protection of forests from depredations (30 Stat. L., 11)............. 6 regulations for protection of forest reserves from fire (30\Stats di, cl) 3-2 a eee eee 6 Department, control of forest reserves, transfer to Agriculture Depart- ment (33 Stat. L. , 628) Rrireget weet er) eerie Sees oe 5 power to determine mineral character of railroad-grant lands, Me@CISIONG « 2.10063 cacistdh ghee o-oo eee ene Se ie 50 powers and duties in regard to mining locations, deci- BOD S s toa sso: ons nine a's Vk aie BE ee poo ee oe 38 Secretary, and Secretary of Agriculture, joint circular on claims to lands in National Forests (39 L. D., 374)...............- 20-21 approval of irrigation plans (26 Stat. i 7 1095)... DeSteEA 53 rights of way, decision.............- 56 railway right of way (18 Stat. L., 482). ......-. 52 art's of right of way of roads (30 Stat. L., INDEX. 89 Page. Interior, sueiowe authority in regard to Indian allotments (36 Stat. L., 855). . 58 rights of way for electric power ..... 57 to extend tume'of final'proof 7-6 a-.-. 4. -- 49 grant railroad rights of way, decision .......... 57 rights of way through National reserva- tions (31 Stat. L. 790).. 53-54 to ae plants (29 Stat. iy lea ferrari 53 withhold right of way in National park,.-\. 2: - 57 jurisdiction, etc., over ruins and other American antiqui- ES aloha ae aie ol lea lea Pinch 0° etal Se Se oe ee 13 member of Forest Reservation Commission. .............- 10 opening agricultural forest lands to entry.. 31 power over rights of way within reservations, “decisions... 55-56 report of withdrawals of land to Congress (36 Stat. L. , 847 i 9 Investigations, forest, appropriation act, 1912 (37 Stat. L., 269).............. 77-78 Irrigation companies, aE of way over "public Prndn, GeCenune == 24 2 to: wane = 55-56 ditches, canals, etc.; construction through public lands, time limit 0 Ge pepe 23 7 pe ieee ee me eae 53 limitations of use (26 Stat. L-; 1095)... 22s... 53 construction by individuals and corporations, requirements | vag US ion! ti 62s 1) SSR acenbapaie a snety. hepa keene ar get eae 53 cooperation of entrymen (26 Stat. L., 1095)... pea 47 right of way through National reservations, permissive (31 sc) CT ye WAY) Nee pa Ne Rae ade OBE 53-54 western lands, reservation by Federal Government (26 Stat. L., 271)..... 52 plans, filing before entry of desert land, requirements (26 Stat. L., Lali ag ah Locket age tsp pe Se toi he eee TE is re Pale fe AD a 47 requirements, desert land entries, decision.............-..-:-.-.--- 49 reservoir, fishing privileges, decision.................-- Boer cera x = 57 PORTE WE CENMOM Ee eR eee en ee ae oe Ea fe cme we 56-57 sibeidincy user (30 Stat: 1), 404) ooo ee 53 through public lands (26 Stat. L. BS) aie ata 52-53 Judiciary appropriation, liability for expenses of arrests, prisoners, etc., deci- BLOM. Maa PN Ned, See A oe RON a BETO ERTIES os 79, 80 SeripaiciiOn agiguinles, Puins, CEs. ILS, SPS id 13 inresb reserve (Gisiate bs; 961!) 2.8 fe. tal fh PO. se 11 Prien Ge Oe Pens es PLY oO cre on ce SULRLE SOREL SU ie, 2 7 Wieieis tional Warert TOte sc. oe a wn dee no oneiaene wedi 9 Kidding charges, N ational Forests, authority to collect, decision ...........-. 63 Kinkaid Act, cultivation requirements excepted........-..-.---------+------ 25 Labor, construction of telephone lines, decision...........--.------+--+++++- 80 Laboratories, forest, supplies, equipment, etc., appropriations, 1 Dei eee te 77,78 Lambing charges, N ational Forests, authority to collect, decision. ........:..-- 63 Land, abandoned, reverts to United States. ..--- 2... ncn ann ence eee enees 23, 25 claims procedure ial bel) eats 76 Ne ee Tek ) es a as 18-21 Department, action on electric power rights LOR ES SOR eR eRe 57 jurisdiction after purchase, decision .............-.--.--- 45 Pawersand dities, Pecisions. ooo eo ihe eye amas age Fine 38 i its aS AE, OTE OOO ne oS an mn Sed nw 8 eel isin 23, 26 laws) limaitahionobaeres, Net OnstalUtes. io. Sem. n ee wa eccccie se apy nines once 49 Office, General, authority and duties of Commissioner in regard to coal and desert lands Sole: Spt SC UR 70 ae en eee 43 officers, action in claims to land in National Forests (30:0 Di, 374) eo 20 procedure in land-claims cases, instructions for (39 e D., 458)... 18-19 purchased, jurisdiction of Land Department after final payment, decision 45 purchases, forest reservation, report to Congress (36 Stat. L., 961)........ 10 sales, duty of register of land office eh BO nc eae Bates Ss 3 44-45 unreserved, National Forests, law governing (20 STC ae ae 64 Lands, agricultural, Bean, OCR eo tse tae at i agi ~~ = - - 32 National Forests, provision for homestead entry (34 Stat. fh OE eee tla falac ine a pee ee cs 30-33 90 INDEX. Page. Lands, breaking inclosures, stock trespassing, etc., penalties...................- 67-68 claims, homestead, agricultural, etc., provisions for................... 18-59 Samper to State, exemption from entry under mining laws (27 Stat. SADR a ae ee Re ee ee. fencing, gest Bovernineg (25,tab, dag dol) ac. cise ces. cutea ve es - SLs 65-67 TORCH, PRCRGHAG cae y.4- biant inc aR Pee dviasime Sule Laws <0 aes 9 See also Lien. forest reserve, administration, and division into specific National Forests (86 Stat di POI ae cee pe ei rae a He Re OE aa 2 11 listed, remain in forests until patented ......2...ceanicinsg---e-cceeesne 32 TINEA. TOSCEVMONT Ee Spool Oy e.2 kn u abe gas en’cmetaiec cn Sone 33 not subject to homestead entry, decisions............-.......-----.--- 27-28 ownership and control by Federal Government (Light v. U. S., 220 U.S., ete feel Pad tin hes sk tae ol haters NRPS POET 5 producing natural timber not desert, decision.................--.----- 49 purchase for protection of navigable streams (36 Stat. L., 961)......... 10-12 reserves to maintain navigation (36 Stat. L., 961)........- 10 removal pl gatid: Baba STAVE), DCCISIONS op ein onc oa «oben = emits ye yee 75 reservation for forests, Executive order as against right to purchase, de- CISION. cece men so Eta Nn tye eae RAE ce de. Sa hae tet we ee 45 school. See School lands. timber and stone, contract sale before final proof violation of law, de- title, cooperation of Secretary of Agriculture and Attorney General to secure (36 Stat. L., 961)............ fet Te withdrawals, act to authorize (36 Stat. L., 847)................----.--. 8-9 by residens (5, pint. ls B47) 5.28 Seen oo ee ee 8-9 withdrawn by President, power permits, procedure, decision .......... 57 Lantern slides, forest reserve, sale (34 Stat. L., 1256).................----.--- i Law books, purchase, appropriation, 1912 By State, Lis DEO. sre nictce lst pee hig ‘Lawful filing” selections for exceptions from National Forests, decision... . . 51 Leasing lands adjacent to mineral springs, power of Secretary of Interior (30 rat Ts GURY 28 20 a NEOUS A LOE mapas eta ayo sese Serna 41 TeavesWabsenes (35 Stat. a. alas ac ct set ace chaenn Et sot eee me 15 Lieu selections, approval of application date of perfected selection, decision... 50 for school Jands; deécisienisn sc... v5. teu dail scolieegquegge ee 50, 71 repeal of act of 1497 (30 Stat in bans ee ee 50 timber:cutting, probibition..:-....20 ssl .odliephiet eae 71 unmarked, no bar to adverse settlement claims, decision...... 50 Jiquor, selling on mininy claim, -- 3) ..ch.-+ 2 cet ide eee 37 Lode claims. Sce Mining Claims. defined, deGision Wcsd a doen . osc tees 2 aie oe eee 39 Teegs, cabin, sale. ... GoseeU? AVPIO2. MCR ee STS OOO ae liq Mallein. test, payment for, not authorized ...1... co 02+ acne 4 isd cnceenee 18 Map, railroad route, filing, no vested right acquired, decision.................. 56 right of way, Approval, SiWsUse os non ans tae ye ea eee 57 Maps, canal construction through public lands, filing (26 Stat. L., 1095)......... 53 forest ‘reserve; wale(6# Stat. 1.5 256). acc. oes eee co ee eae 17 railway lines; filmo (tS Stat a doe)are c wetere eee eee ene 52 Married woman; honrestead entry... <8 tee nn ae oe eee oe oe eee 23, 27 Medical examinations, employees’ compensation (35 Stat. L., 556).......-.--.. 16 Medicinal ‘waters; control. : =32 0.0120. ee eee ee eee eee 8 Michigan, National Forests,exchange of lands...........-.-..---------------- 9 Mill sites; papents; requirements (Ht. 8. 200 ()sc> ae nec anie> denne Cane nee eee 36 ECON. at auc = 5e'= B4-ekE oe eee 41 Mineral exploration and acquisition, privileges on lands withdrawn (36 Stat. L., lari(l “reserVallon | Pent rtl O)n en cate ne ae es eee eee eee 33 lands, land officers’ duties regarding timber cutting (20 Stat. L., 88).. 64-65 patent, procedure for obtaining (R. S., 2325).................- 24-25 railroad Brant, Stade, GeECIMON on -oe . ccerte cr ie Bi sbi nae cee 50 sale (ROD:; 2olo)e cet a = wn te = eet aaa. fo ee 33 segregated in subdivision, homestead rights to small areas (R. S., ZOOL) occccececnennsins pe ae peer hee =| 5 Ge eee er 36 finiber. cutting” decisionsseme. =e ree caer one eee 69 trespass penalties, etc. (20°Stat: Li: G8).....2..05-0ncnpee es mens 64-65 INDEX. 91 Page. Mineral springs, authority of Secretary of Interior to rent or lease (30 Stat. L., DOB); stews cee coals WAN ab ota) Tea orci weed. 5 at 41 waters, comtol t wsanhes 2. G32 heen: -lastetnd Jostaes .oee deus csn. ,41 Minerals, reservation to owner selling land for forest reserve (36 Stat. L., 961). . 11 Miners, right to make regulations (R. 8., 2324)..................022.-2000020- 34 Mines, claimant, requirements (R. S., 2325)........... BLE) aadieabe. So. ces: 34-35 loeatoraiaieate CR 8, 2aBehicads Jauwesedi yen eseuedne ctueasiete wih .. 89-84 See also Mining. Mining claims, annual labor, requirements (R. 8. 2324). ......-.-......222..-. 34 conflicting, determination, decision.....................2..... 40 description, conformity to patented claims, etc. (R. S., 2327).. 35 discovery, requirements for entry, decisions...................-. 38-40 electniemehisaiol way.over andes: 2.<..../.0-.ctiew sah. Lo. 57 entry for foreign uses, decisions.....-......--.-.-......-22+.-. 38 expenditures required to secure patent, decision............... 40-41 improvements, requirements, etc., decisions.................- 40-41 limitation: ofjarea (Re 8.,92320) 2322)..) see: sal eawsteedl.. 2... 33-34 DEORE OE od cin w'cigin pio ceia ne oi oo 2 Oh Seen dams. 37 markine houngarios GOs 2825) peg ons oo tic anpnce on sien 4s Se 34 procedure for obtaining patent (R. S., 2325)................... 24-25 records: tequirementp (hs 8312323)... 2 2: 222 2-1 bes enw - 34 rights of owners, decisions under mining laws...-............. 37-38 shares of delinquent co-owners, disposal (R. S., 2324) ........-. 34 timiber-cirtiane righis decisions. 2... <.-624.- 55-0202 0. s+ eae 70 inwautteetime Worest Service work. oo) ee fk ee wl wenn 33-37 and administrative sites, National Forests.......................- 58 Black Hills Forest Reserve, limitation of homestead entry........ 31 SUE Toi U2 ae cee heed Cel Ween eee ruhmn enee Oe, i a ae 37-41 plants, rights of way in forest reserves (33 Stat. L., 628)...-.........-... 54 purposes, electric power rights of way, decisions. ....................- 57 Minnesota National Forest, timber-sale provisions (35 Stat. L., 268)............ 9, 60 Manors, dromesticad claims. (Ri 6152292): 22 ee on ee on nee ere oo 22 Moneys, withholding, timber trespass case, decision...........-.-...----.---- 79 Mpresee aired erst tdci! Lea, oe eS a ee eta ee ein toe oe 46-49 forest reserves changes, control (34 Stat. L., 1256).................... 5 increase forbidden (36 Stat. L., 847).........-..-.-... 9 school lands in National Forests, status, decision................... 49 Monuments, National Forests, depredations, decision, penalties, etc........... 75 See also Antiquities. National Forest Reservation Commission, Poppiyument and duties (36 Stat L., 01 Ae ont 9 tern na eT nem egies 10 expenses, provision and limitation Eon leg ee 12 report to Congress (36 Stat. L., 961). 10 Porestesappeaprutiions, 192" 2 i. Ok 22 3 Sees soe oas SOA Phe 78 pele ca in protection of stream watersheds (36 Stat. L., CUDIL) ie Sie coe ee Yee lamas aa sen i ae le eS eR ee ll See also Forests, National. parks, rights of way for irrigation may be withheld..........-......... 57 N peiestie streams, protection of watersheds, cooperation of States in (37 Stat. ; Rea ea at SSL gee ae oe ens canned takes a 1 Wi VaALION, RirCATan, Mein eMaNCS. sy. 3 Gaeta eee eee oes 8, 10 Nebraska National Forest, authority of Secretary of Agriculture to furnish free FECES TOME MURS EICE arr OES Was 209 occ cos mmsnnty rein a op = aye, mia lein.e © “ic ssi 61 ELE CORES Hg) 110 10 sone ete pi a meee gS eta ae a 46-49 MeN RUS ICD, Chee turd Ctra ee eee wo oS acim wis ate > -umayerige es ene med 46-49 school lands in National Forests, status, decision............... 50 irtia Biccites, dosetrt tray roe ae en sa ae on dn oieatce gine sam oo 46-49 school lands in National Forests, status, decision...............- 49 Northern Pacific Railway, selections for exceptions from National Forests a awit de’ @ OCP MNON. dae 8 ot. cae t nae ase esse 51 unclassified odd sections within primary limit, de- CIBIV Saas sehr. eas Pee eA ee 50 Nurseries, forest, maintenance, appropriations, 1912.........-..-..-.-----.----- 78 Nursery stock, Secretary of Agriculture authorized to furnish (37 Stat. L., 269). 61 92 INDEX. Page. Oaths, administration, officers authorized, etc......... aL 69 alse, homestead entries, amount to perjury. ..................2......- 23 Occupancy and use, control in forest reserve (U. 8. v:Grimaud, 220 U. S., 506). 6 Officers, authority to administer oaths................22000202 2-22 e eee eee 69 forest, duties in arrests and prosecutions.................--.-.-.----. 18 selection (33 Stat. L., 628) 02 Sncch dd) YU PIRIT 00! . eS 14 Government, expenses as witnesses, decisions....................... 79, 80 Official, special, for accident reports (35 Stat. L., 556) ..........2...2.222.... 16 Oil lands, entry and patents under mining laws (29 Stat. L., 526)............ 37 Olympic National Forest, excepting clause, land entries, decision............. 30 Onyx deposits, requirements for entry as mining claim, decision. ............. 39 Operation, decisions. ....2..0002.220.520. TIALLY TS. TORE ta 17-18 forest Teservers: 2.22 os POU NR a a SI ON 14-18 Oregon Caves, injuring or defacing, penalty ....................202.2222.022. 75 desert-land Jawan: APA RIO GS ROE ee 46-49 forest reserve changes, control (34 Stat. L., 1256)................222... 5 reserves, increase forbidden (36 Stat. L., 847)..................- 9 National Porests; notes: 81a 45s.0iedysinin nc wee SRP MORNE chee 9 Parks, National, protection, procedure (33 Stat. L., 700) ..............---..-- 68-69 Patent, homestead entry, TegulatiOns «ic... 5-24 — om riepa sero eitinaiee ewe eee 22, 24 issues, desert lands, requirements (19 Stat. L., 377; 26 Stat. L., 1095) .46, 47, 48 land, cancellation for fraud, requirements, decision..................- 46 mineral lands, procedure for obtaining (R. S., 2325).................-- 34-35 Patents, land, sits to vacate (26 Stat! L.; 1093). 0 oo. oo cee nc eme weet 26 mineral lands, evidence for establishment, etc. (R. S., 2332, 2337)... 36 mining claims, conformity to survey (R. S., 2327) .................-- 35 requirements, G@CisiGn:. oo ecb ne ep ty tae 40-41 nonmineral lands, requirements (R. S., 2337)...............-------- 36 subject to vested water rights (R. S., 2340)...................-...2.- 52 surface, on coal lands (35 Stat. L., 844)...............-.-..-2------- 43 PanlmayNational MHorest. NOte.. os... 2- 0-05 0 oe eee oe ee eee ee Lee 9 Penalty, defacing or injuring caves in Oregon..................--.---------- 79 embezzlement of United States property.....................------ 68 false swearing, in purchase of timber or stone lands (20 Stat. L., 89,sec.2) 44 fire'and depredation (30 Slsh. ls. Al) cc aoe wanton eac eae eee aaa cee 6 See also offense for which penalty is provided. Per diem allowance in lieu of subsistence and traveling expenses (37 Stat: L., 2GO) 2 Socnric «meee mini gtease eine See ee Bata meee ae ee eae ea 76 Perjury, affidavit of settlement, forest-reserve lands, decision................- 75 [116 Ly i A en a OT AER her iMate ee epee ay eRe Peta cal 68 Fermits, examination. of antiquities, ruins; etc... 2... 2... cose sass seen ane 13 exploration, examination by field officer in charge...............-.-- 14 limitations and extension of time. ............-..-...-- 13 fetminalion at discreiion. {22% oe oso sas oe eee 13 Personating United States officials or employees, penalty. ...........-.-....-- 68 Personpel laws SuGcume ean coke ce gan bien at cede itt R ast oe 14-16 Petroleum lands, entry and patents under mining laws (29 Stat. L., 526)...... 37 Photographs, forest reserve, sale (34 Stat. L., 1256). .............-.---------- 17 Physician’s certificate, requirement in compensation for injury (35 Stat. L., 556) 16 Placer claim not perfected for first owner after transfer, decision.........-..--. 40 cliims,, conformity Lo Surveys, etc. (ie.05., coal paceren. tee... 22ce ome 36 location, right of investigation by Land Department, decision. - . 40 patents, procedure for obtaining (R. S., 2329)................-. 35-36 subdivisions, limitation of area, etc. (R. S., 2329, 2330, 2331).... 35, 36 Elana, trees, ete., tports, free (26 Stat. ti. Pl)... ooo. cee eee eee 61 Power permit on land withdrawn by the President, decision...........-...--- 57 Winnetka Se ae ome gee tek Ch Eee Ree 38 plants, right Of way (20tat.L., 120). 2 ooo Soe oe eee 53 sites, withdrawal for lieu selections, decision.................--------- 50 from railroad rights of way, decision .............--..- 56 President, authority for preservation of American antiquities (34 Stat. L., 225) .- 12 to defeat selection of school lands by State, decision. ..-... 50 destroy unlawful inclosures on public lands (23 Stat. L., : 7A» RA eed here>. 4-4 ps 2 ae 7 make withdrawals of public lands (36 Stat. L., 847).... 8 order reserving lands for forests, effect on purchase, decision. ...... 45 power to change Executive orders on National Forests (30 Stat. L., 11). 5 INDEX. 93 Page Prisoners’ support, appropriation liable for, decisions...................----- 79, 80 Proof, desert-land entries, extension of time, conditions (35 Stat. L.,52)........ 48-49 irrigation requirements, decision. ..............--. 49 failure to submit at fixed time, decision.............2......2...2..... 45 land entries, extension of time limit by Secretary of Interior.......... 49 Property, forest reserve, legal provisions affecting.........-.......-..-.---.--- 16-17 Goverwnieiby sale Veee HIN See PR Os tok, SY dele nv public, malicious destruction, penalty. .............-..-.2....22-- 68 Prosecution, duty of forest officer, limitation.................----2----.----- 18 Prospecwne, limitaions (GO Statni sbi s fey leer Jota FOG. . 2.2 7 re vestelinition in Jane claiamiss Je sc: 3.4 2 USSR UES SO) ess. Oe. 30 Pulp wood, exportation from Alaska (33 Stat. L., 628). ..........-2-..--..--- 60 Purchase of timber and stone lands, individual examination required, decision. . 46 Purchaser of land, right of domain and alienation, decision................-... 46 Race, no distinction in homestead claims (R. S., 2302)................-..---- 24 Railroad lands, timber cutting, rights, decisions..............-..2...22...-.. 70 Bight. OF Way -MOCIMIONS.. Cee. ol. Cf ict vee hee ie FRO Se 56 status on National Forest..............-.----- AS. wet 6 Patiroad-grant. lands) decistonsiyash os ovoo jen). feria) aa goer ie 50-51 within primary limit not part of National Forests, decision. 50 Railroads, construction necessary to complete right of way, decisions.........- 56 right-of way in Alaska (30 Stat. L., 409). 2.2.22. ..02--.00.. ele. 55 power of Secretary of Interior (30 Stat. L., 1214). ..... 51 through public lands (18 Stat. L., 482)................ 51 through National reservations, right of way (18 Stat. L., 482) ...... 52 time limits for completion (18 Stat. L., 482)........2........2-..-- 52 Railway-station sites, use of public lands (18 Stat. L., 482).................-- 51 Range investigations, appropriations, 1912 (37 Stat. L., 269)................. 78 Ranger stations, appropriations, 1912, limitations, etc. (37 Stat. L., 269) .....- 77, 80 Rangers, forest, exemption from road service..........-.-------------- eee ee: 18 horses, mallein test, payment of cost................--50--2000---0- 18 Receipts, forest, 25 per cent to States and Territories (34 Stat L., 251)......... 75 Receivers, procedure in land-claim cases, instructions for (39 L. D., 458)... ..- 18-19 Reclamation act, cultivation requirements excepted.........-......--.--.---- 25 Service, free use of timber and stone, National Forests (33 Stat. L., GEYSER ee HE ee TS pyar DWH) Rol 59 Reforestation expenses, appropriation, 1912, and decision. ...........-..----- 78, 81 Refund, abandoned timber-sale contract, decision. ..............---.e------ 61 Benda /GecimiGhbe. soe seses ee Ses BUT Oe Per ee eed eee ML 81-82 to cooperative contributors (34 Stat. L., 669)...............2-.-.-.---- 76 depositors using forest resources, etc. (34 Stat. L., 1256; 36 Stat. Dy Aaa eS onion ebeoutraituul toile caved asa! 76-77 Registers, procedure in land-claim cases, instructions for (39 L. D., 458)...... 18-19 Relinquishments, homestead entries, references..................-2.-------- 27 Reservations, National, right of way for railroads (18 Stat. L., 482)........... 52 See also Forest reserves. Reserves. See Forest reserves. Reservoirs, construction, compensation for injury to private rights (26 Stat. L., ee es de), Soe eels teatedetad body cos meebo aloo 53 Residence, homestead entries, decisions.....-.-..-.----------e-- eee ee eeees 29 Revenues, forest, covered into Treasury (34 Stat. L., 1256)...............-.-. 76 status of damages recovered in trespass cases, decision....-....-..- 79 Right of way, Alaska. Railroads, tramroads, and wagon roads, reference...... 55 as outlet for National forest timbers, provision for, decision ..... 55 eit Sees es. bee. ce PROS eg Sul. len silat Ane 55-58 eclectic: power, tecmiume seis Art. Lk UOA Seas Seite ss ae 57 for Government uses, Gecisions? :2: 02) 25 2.120 7.020.250 0 209: 55 EEripanior} oe: Meee esse d6es SY edees akin 52, 53, 56-57 railroads, wadthi (18 Stat: Li jp4s2) ss cen vel sede NOD. 51 BW (oes oe ee Rie OP LOE speed ne coke 51-55 special legislation granting, list of statutes..................-... 55 telegraph line, National Forest lands excepted, decision........ 58 through National reservations, licenses revocable (31 Stat. L., TOI ORL. ) SOY leon Reet fo LL 54 timber and stone lands (20 Stat. L., 89)...............--..---- 44 water, status. (R. 8. 2339.) 94 INDEX. Page Road, county, cooperation of Agriculture Secretary in construction........... 17 systems, State, cooperation with (37 Stat. L., 269)...................... 17 Roads, appropriation ‘from forest reserve receipts (37 Siiaterhs.> 269)... 5522s. 17 construction, authorization and appropriation, 1912.............. 77, 78, 79, 80 on unsurveyed public lands, operates as right of way, decision: ., /.naitmbaecotiyosy. Less. aves eet on mining claim not available to meet requirements for patent, deci- SIOD s < Je favisteecl cieii-n =i See). - oP eee EGP MERee -SHelpmee 41 right of way in Alaska (30 Stat. L., 1409)....2...0..0. 022-2. 2 ce eee eee 55 power of Secretary of ‘Interior (30 Stat. L., 1214).......... 51 work, exemption of forest rangers.......--.-ese obs seiel cid deelisceods. 18 Robbery, United States property, spenalty.t< cbs. deich!. ice Wu sldanwus cede 68 Ruins, etc., permits for examination, excavation, etc............--.---------- 13 Sailors, homestead claims, special provisions. ......--....---..-e-eeeeeeeeeee 22, 24 Sale, timber. See Timber sale. Saline lands, subject to mining laws (31 Stat. L., 745)........-....---.-...22-- 36 Bpringarcomttaliss. .s20¢ v00+ ccs deecesscnes sec SUM CRE. ewes CREE oe 8 Salt deposits, patents, requirements (31 Stat. L. phd AE) gis Se eR wo Ss ae ae 2 ee 36 San Francisco Mountains Forest Reserve, relinquished entry, decision........ 30 Juan, National orest; mete Y. barieac tee cigul waseskueal dties.sshsts... tse 9 Sand, removal from public lamds; decisions |. tune! sete’ Walk idaes Jak 75 School funds, use of fines from fire trespasses (36 Stat. L., 1099):...........-- 65 lands, decisionssisse. WS eee te Poe wate eee dae. c se a 49-50, 71 exemption from entry under mining laws (27 Stat. L., 548)..... 36 New Mexico, administration by Forest Service, decision.......- 50 selection by State nullified by President’s order, decision. ....- 50 Schools, public, maintenance in forest reserve, permission (30 Stat. L. he. 7 share in receipts from National Forests...............2..-.- L alls 75 Secretary of Agriculture, Interior, etc. See Agriculture, Secretary; Interior, Secretary, etc. Seed purchase for forest planting, appropriation, 1912..............--.-22--...-- 78 Seizures, antiquities, authorization ::3Uri<) bos-esboet ni Jensen 2g 0k teem et 14 Sequoia National Park, rights of way for public uses, permissive (31 Stat. L., FOO) ooo oe g Meee cece woe cits LESSER Net bo Ted LT AS Bro eee egies 53-54 Settlement claim selected by railway company, decision.....-.-...--...--..--- 51 rights, ‘tiie for filing (21 Stat i, 140)... |. oe ce. a te Oo ceeee 25 Settlers on forest lands prior to Jan. 1, 1906, additional entry right............ 31 privileges.on forest reservesie:zios:: -Doscies).slenead of beandeeed ass protection from location of forest reserve constructions (37 Stat. L., 269). 7, 17 rights on lands withdrawn (36 Stat. L., 847)............-..-....++--- 8 Shoshone National Forests, homestead laws.-.......22..-2. 55. 4.2s.220..-... Wie Siletz Indian Reservation, homesteads, references.......-..-.--.------------ 27 Silviculture, laws relating to (31 Stat. L., 661)............-22-.000.00 25002 eee 59-62 Slate deposits, requirements for entry as mining claim, decision.............. 39 Smithsonian Institution, relation to exploration of antiquities, ruins, etc...... 13 Secretary, authority over collections of antiquities. . 14 Soldiers, homestead claims, special provisions..........-..-.----.+-.---+-+-- . 22, 24 Solicitor, action in claims to land in National Forests (39 L. D., 374).. eee 20 South Dakota counties excepted in homestead entries............-.---------- 332 desert-land, laws... :...-...5.- S00: ees peste Sop 46-49 school lands in National Forests, status, decision..........-.-.-.-- 49 Special agent, instruction for land claims ./........0.2..-20s2-. eect eeeeeee 18-19 Special-use permits, refunds, decisions.........-.-.-2..-2+5-2--0eee eee seen eee 82 Squatters on unsurveyed lands, decisions. ..........----- 2-02 -e eee eee eee ee 28-29 Stanislaus, National Horest; notess.< pow seee as.o se gon 45 ae oe eee 9 State jurisdiction, civil and criminal (30 Stat. L., 11)....-.......-.......-..- 7 legislature, consent to sale of lands, requirement (86 Stat. L., 96L).....-- 10 States, authority for conservation of forests and water supply (36 Stat. L., 961). 10 cooperation for protection of watersheds of navigable streams (36 Stat. OLS ai bate Ui, 209) 2 soca eee eee Mee aoe 10-12 in building roads and trails (87-Stats/ Ti 26S)icwvie.2 ss: 17 jurisdiction in National Forests (36 Stat. L., 961)...................-- 11 share of forest receipts, paid by Secretary of TReRSUTy A 1 ich den = 8 11,75 Station expenses, appropriations, 1912...................------2eeseeen eens 77-79 Stations, ranger, appropriations, 1912, limitations, etc. (37 Stat. L., a La aa 77, 80 Stock, trespassing on public lands, etc., pomeinee 205}. +53 3519 eee 2's 42s 67-68 INDEX. Stoléu-property, receiving, penal bY. « ..--..wsewvw won oe PLN N ek sees. let eet Stone, building, land entry under placer mining laws (27 Stat. L , 548)....... free use by U. 8. Reclamation Service (33 Stat. L., 706)............... lamta tions (20-Statise, ,il ie ort 2 SO). SOR. lands,-sale, daws (20-Stat- Leeds: sesiseel eS P SL. 2 eee een ee Stores, location on railroad right of way, legalizing occupancy..............-- Stream gaugers, cooperative work, salaries, decision..............--..--++----- Streams, navigability, preservation (36 Stat. L., 961).............2...22--22...- navigable, protection of watersheds (36 Stat. L., 961)..............-- baMigation Michie, MO sect sete ntl. SAY. ots ee eee eee Street-car fares, allowance in transaction of official business (37 Stat. L., 269)... Sundry civil appropriation act, 1890; extract. ..\0.. 0/2 oi ed 18974 extractsx(B0 Stabile - 3. se eee 1GL2 extract. (SmStat: 4b)... 120). 2 eet Supervisors, forest, commutation of leave not authorized................-.--- Sapplics, contract priees/decision.<42)) OAM Tie aie Jee Pe Survey corners, Government, destroying, penalty .............-.----...--.-- Surveys, agricultural lands in forests, by Forest Service (32 Stat. L., 269)...... Swearing, false, homestead entries, amounts to perjury.......-......-..:---- Telegraph lines, right of way, exception of National Forest lands, decision. . - - . through National reservations, permissive (31 Stat Ly. 790) OOD AISIGIR MSDE 0... ee ee Telephone line, construction over patented land, consent of land owner re- aumingeenmeciaiant 59.209). Jags. PO SIMAULAT - AND 9S. OF cooperative construction, legal agreement...........-.--.-- gramtof fred timber forbidden 1). 22S pepe... 2.2. oe lines, construction appropriation, 1912, and decision ...........-. Forest Service, construction over public lands, no prior reser- vation required, decisions .2) 20.8 J5)8 cutting, decision, penalties, etc...........-.-. right of way through National reservations, permissive (31 Stateless 790) S222 SPRL S038 DAO YOOST MoS, - Territories, share of forest receipts, paid by Secretary of Treasury (Stat. L., 73) SSS En eee eee re cee ae hell eee se. kee Timber and stone lands, canceled entries, decision. ......................-- cutting and removal, forest reservations (31 Stat. L., 661) ..........-. from unapproved selections of railroad grant lands unlawful, (OSS, OTe en ee eee ey ene publiclands, decisions, < <2... PG 29 4 CAM IDR UE | Le. supervision required (30 Stat. L., 11)........--..2....2.--2--- dead and down, National Forests, sale to farmers, etc., at cost, author- DABIME | Os Oneida Wh AGO io cho soe oMic.n 4 kal ee oe eee ele le's SO exportations from National Forests (34 Stat. SAPS a eal for pect mace genes tances OU DEUS DD fire-killed and insect-infested, sale decisions ...............--.--.--.-- free prant to telephone line forbidden . .... AGG. QU8 bo. ean use by settlers on forest reservations (31 Stat. L., 661) .......... United States Reclamation Service (33 Stat., L., 706) .... Len G REN Rr 02S ites | Pt 6 aa DPA 1 NR ae ee land, reservation as National Forests (26 Stat. L., 1095) .............-- lands, purchase from entryman, decision...............-..2..5.-...-- sale; laws-(2O:Stat Bey Gir SvaHoss Jere LAL IOUS OL. ee preservation of existing claims (20 Stat. L., 89).........-. mineral districts, cutting allowed (20 Stat. L., 88)........-.......-- protection and use, purpose of forest reservation (30 Stat. L., 11)...-- public lands, cutting and removal (36 Stat. L., 1098).............-.-- use for agricultural and other purposes (26 Stat. L., 1093; BF Statenlie. 440-8) Stateekn, 1486). nro -o8 WS -. wil fee TO Lee eT eas, sales, advertisement by Secretary of Interior (31 Stat. L., 661).....-. California forest reserves, laws (34 Stat. L., 669)....--..-..-.---- emergency, on forest reservations (31 Stat. L., 661)......-......- Minnesota National Forest, laws (35 Stat. L., 268)..........-..-. private, on forest reservations (31 Stat. L., 661).........-.---- 96 INDEX. Page. Timber sales, refunds, decisions ¢ ssid puns dee maste sockeeiseekw se cee: 81-82 selling from mining claims, decisions . ..........-..-.-...---..2-2.. 37, 38 testing and treatment, appropriation, 1912 ...............-.-2...... 7 sae trespass act, 1878, extract (20 Stat. L., 88).222.2.. 220. S22 0se1 ee caee 64 1888, .extract (20, Stat. Le c166)) . -2%. we» sone). hee See 64 188), sextract (26.0state iL.51093) 2.25.3 sola eo asapee 65 1897, extract (30 Stat. diseg Eh). dew wes Louw ee as .peeieaae 64 criminal code act, 1909, extract (36 Stat. L., 1088, 1098) .... 63-64 public lands, laws governing<\5. 06)... 2s. eesee ses. ec-esedene ee 63-65 penalty (25 Stat. L., 166). 2/2500 sce bemeeee- <= 55 5 oe Vein claims. See Mining claims. defined, decision. ..3- dckiw jf2\- ape tbicepewic- kestus ais -xjed Rian. ich cee Ree 39 Violations of law, arrests, expenses, appropriations liable for, decisions. .....- 79, 80 Wagon roads, right of way, power of Secretary of Interior (30 Stat. L., 1214)... 51 War, Secretary, jurisdiction, etc., over ruins and other American antiquities. -. 13 member of Forest Reservation Commission. .......----------- 10 Washington, desericland lames. (n> ag: e\-ceenwe-bs JEUSR seem ------- ase 46-49 forest reserve changes, control (34 Stat. L., 1256)...........----- 5 increase forbidden (36 Stat. L., 847).........-.---- 9 school lands in National Forests, status, decision. .....-.-.------ 49 Water conduits, rights of way through National reservations permissive (31 Stat. Oe) ee: A ee AT RTS ee. Siac for irrigation, rights prior to purchase of desert land, requirements (19 Stat. ., S77). docicansideaeihe «cei sa? tet Ce Uaeeeeeear Bee 46 power, withdrawal after sale illegal, decision............--.----------+-+- 45 requirements for desert-land entries (19 Stat. L., 377).-.-.--..--------- 46 rights of way, individual use, etc., status (R. S., 2339)..........------ 52 on administrative sites; ccslact ies geet oe» > sea ee ~ =< 58 supply, conservation by States (36 Stat. L., 961).........-..----------- 10 i INDEX, aT Page. SME TO) AIM USO AMOUCN ee tee haseecistals in = oe n «os alee Heemaiee de stun cae ses 8 mineral, control by Interior Department (30 Stat. L., 908)............ 41-42 Secretary of Agriculture, decision “este. cs 41 property musts. of, Waser tales. = 2... ae ee cee eee ne 8 Watersheds, navigable streams, cooperation of States (87) Stat: L., 269).-.-...- 12 protection (an ener en SBD). wes enn 10-12 Weapons, concealed, permission for forest officers to carry.. ¢ 18 Weeks’ forestry law, supervision in District of Columbia, payment, decision... 79 Wichita game refuge, BetHORIARHOM (ae OtAbi., GIF)) 0 ceo ce eos han ced 4 Widows, employees’, compensation for loss (35 Stat. L. , 556)... eRe ae 15 homestead claims (ie. Sx; 2291; 26 1... , 436). Bae ats, ene ayn nt ave Gate 22, 24, 28 MMMM EH FAPNOR, SCION. <2 esc ede 8 ee ote e eset eduesabecceevesewss 81 Withdrawals, public Eitiele Sinatqey OL EFC ts. 5 sn Ls kas da'dad ce ens sage Se 8 Witnesses, Government officers, ayment of expenses, decision................ 79 Women, married, free homesteads opened ter SebLbomienites. oak So oe aS aces 26 Wood distillation, investigations, appropriation, 1912 .............-...--.....-. 78 pulp, exportation from Alaska (33 Stat. Th Mihi) comme ste oe Sere) SS. 60 eR eMOn GING) SAWAL 1 Oe oe ec eS kn een oe swine encaeesce sce Seagate 46-49 forest reserve changes, control oes lial eR 5) 5) ae er 5 increase forbidden (36 Stat. ie 1) ee eee ae Sete 9 Yosemite National Park, rights of way for public uses permissive (31 Stat. 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Wr us . } «at etd Sef , ny ANAS ee Seva ahaha ikea nediieer ¢f PF uhe Tuomary Liu, 4 © ees 4 ‘ ur, Here vie rt " ' 4% ‘ sd 50 ae at, Poser rae eupen tell cy Git. | A). vaphs euree nee ; j it pou feta Td a LA vile ee \ ur) ‘heels boo Naik der Midelvta aio be, Ce tue Usk 17? : uy wie iy "tae . li Natona! renery ted! n proriqdey, 7 bas pre ep ae on edn mts wice be yeaa? sian «xt dew aed. _ pega sha eg ‘ if 4 . q wT ae ee —- ie iet |. Yeti. £.* mtE a decistan. : 2 Pett OU Tugel Gn 10 Bek, vi (‘oy pbreel ol , oes, "nia Bi, ; Oleg Le) ; iy Cotes tg irs a. aa fe | Lee wend ‘ 4 ‘a ee } & ‘i y oo New Ive - uh ii NG ek ‘ 7S f \ & i. ‘ 4 Le a): f 4 ff oi ew bi, OP fhe Oa Yate Ale ane hig lelh _— ea Pama Fe mT