Silviculture- Producta-E- Forester- Assistant. District 2- District 5
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286 Silviculture- SILVICS: ANTon, BOISES, Forest Assistant. Producta-e- PUBLICATIOX: ENO::; A. MILLS, Forest Agent. RE:-;:LGXEI>. Forester- KINGSLEY R. ;\IACGUFFEY, Forest Assistant. District 2- ORGANIZATIOX: FRANK A.BLAIR, Forest Ranger,Uncompahgre National Forest. District 5- ENGINEERING:F. C. 'VALES, District Engineer. SU~P.EXI>.EI>. District 5- SILVICULTURE: S. lYI. CROSS, Lumberman. I>lS~t..l~~EI>. District 2- ORGANIZATION: ELMER E. CiIAPSON, Forest Ranger, San: Juan National Forest. District 6- ENGINEERING: 'VILLIAM H. BENTO).', Constructing Engineer . • SERVICE NOTES FORJUNE. These notes contain instructions and necessary information for Forest officers, and will, therefore, be carefully read and kept on file for reference. OFFICE OF THE FORESTER. LAW. Embezzlement: Conviction- On May 7 the United States grand jury for the second judicial district of Arizona, in session at Tombstone, returned three indictments against Charles T. McGlone, a former supervisor on the Chiricahua National Forest, for embezzlement of grazing fees. After a demurrer to each indictment had been overruled, McGlone pleaded "not guilty" to each indictment. On May 10, however, he changed his plea in the case of T. P. Blevins to "guilty," and was sentenced on the following day by Judge Doan to serve six months in the county jail and to pay a fine of $38.50. On the motion of the United States district attorney, the court dismissed the other indict- ments. Timber Trespass: .Case Settled- The Harris Lumber Company, of Eagleton, Ark., on March 1 and March 18, paid the sum of $885 in settlement for timber cut in trespass by homestead entrymen, at the instigation of the company, upon land within the Arkansas ational Forest. The cases were in litigation under the direction of the United States district attorney for the western district of Arkansas. Claims: Correspondence with the General Land Office- The suggestion has been made by the General Land Office that it would facilitate the filing of papers from the district Foresters if in their correspondence with the Commissioner they give, in every instance where they have it, the General Land Office division and file number. While it is understood that the district office may not, in every case, have such file designations, yet, when these are shown on the records, it is hoped that this suggestion will be complied with. Grazing Trespass: Adverse Decision: Appeal- Judge Welborn, of the United States district court, southern district of California, sitting at Fresno, Cal., May 3, sustained the defendants' demurrers to the indictments in the criminal cases of United States v. Cazajous, Grimaud, and Inda, for unper- mitted grazing of sheep upon the Sierra (S), now the Sequoia National Forest. Judge Welborn held that, in his opinion, these cases, being criminal prosecutions, should be distinguished from, and are not governed by, the decisions in the cases against Das- tervignes (188 Fed., 199, and 122 Fed., 30) and Shannon (151 Fed., 863). Appeals in these cases will be at once taken to the United States Supreme Court, the Attorney- General having instructed the United States attorney at Los Angeles to sue out writs of error under the criminal appeals act of March 2, 1907. (Use Book, p. 255.) Occupancy Trespass: Adjournment- Trial of the action of ejectment against S.J. Harris, for unlawful occupancy of National Forest lands (Sierra), which was set for trial before the United States cir- cuit court, southern district of California, at Fresno, Cal., May 3, was continued until November 8, the next term of court. This continnance was necessary, became, in reliance upon what was understood to be a definite offer to compromise by the defend- ant's attorneys, some of the Government's witnesses were not present when the case was called. Employment of Attorneys- No Forest officershave any authority to employ attorneys to act for the Government for any purpose whatever. The statutes covering this matter are explicit and make it impossible to pay for such services. District attorneys and other specially authorized officers of the Government must be relied on in every case. (287) 288 Occupancy Trespass: Case Settled-- The suit of ejectment brought against the Alaska Copper Company on the Tongass National Forest, for the illegal occupancy of mill sites along Copper Harbor, was settled by the trustee in bankruptcy, H. T. Granger, taking out a special use permit with a nonprejudice clause, in payment for which permit $25 was received. Mining Laws: General Land Office Regulations- The new circular of the General Land Office, issued March 29, 1909, giving the United States mining laws and the regulations thereunder, makes some important changes, particularly under the "Procedme to obtain mineral land," in requiring claimants to make statements as to the mineral actually discovered. (See especially regulation 41, p. 39, and regulations 58 to 60, inclusive, pp. 42 and 43.) Fire Trespass: Defendant Fined- S. B. Conner, who had been indicted for trespass resulting from his leaving a camp fire unattended in the Wallowa National Forest in Oregon, pleaded guilty and was fined. Fire Trespass: Suit Begun- On May 8, 1909, the United States district attorney filed a suit, in the federal court for the district of Oregon, against the Corvallis and Eastern Railway Company for the ro recovery of $10,703.44 damages sustained by the Government on account of the de- ~ struction of timber from fires on the Oregon National Forest caused by sparks. from the engines of the above railroad 'company. Fire Trespass: Case Settled- There has been received $2,312.62 from the Great Northern Railway Company in payment of damages for the destruction of timber on the Wenatchee National Forest by fires caused by sparks from the company's engines. Timber Trespass: Suit Recommended- Suit was recommended to the Department of Justice against Tom Cannon, of Wenat- chee, Wash., and C. E. Gray & Son, of Entiat, Wash., to recover damages for approxi- mately llO,100 feet of timber unlawfully cut from unsurveyed land within the Wenat- chee National Forest, which timber was sold to C. E. Gray & Son. OPERATION. Soecial Uses and Interior Rights of Way: Conflicts-- Since it is impracticable as yet in the supervisors' offices, the District offices, and the Office of the Forester to keep a complete atlas record showing all actual or possible conflicts among special-use and Interior right-of-way applications, it is of extreme importance that all Forest officersin their reports show clearly any such conflict. The information must be complete in order that the supervisor, District Forester, and Forester may fully understand the actual conditions on the ground. Copies of Claims Reports- The General Land Office has requested that the original and one copy of every claims report be sent to the chiefs of field division. The Forest Service will comply with this request. Supervisors will, therefore, always make two carbon copies of claims reports which they send direct to the chiefs of field division under Service Order No. 28, and will always make three carbon copies of claims reports submitted to the District Forester. Settlement: Supervisors' Monthly Reports Discontinued- The supervisors' monthly reports of settlement work on Form 395 are hereby dis- continued. The follow-up system should be used by the District Foresters and supervisors in settlement cases, and the District Foresters may instruct the supervisors regarding any necessary statements showing the condition and progress of the work from time to time. Forests Transferred to District 2- On June 1 the Bighorn and Shoshone Forests in District 1 and the Bonneville Forest in District 4 were transferred to District 2. These forests are more accessible to the Denver office than toethe offices to which they had been attached. Their transfer also more nearly equalizes National Forest business in the six districts. 289 Headquarters of the Cheyenne National Forest Moved-- On May 15 the headquarters of the Cheyenne National Forest were moved L' Laramie, in order to establish better communication between the Ojupervisor'soffice and the portions of the Forest on which the work is the heaviest and mv~stimportant. Sopris National Forest Established- The Sopris National Forest was established by executive order of Apdl 26. The Sopris consists of the southern portion of the Holy Cross and has an area {If 652,080 acres. The headquarters of the Holy Cross Forest remain at Glenwood SprmgE. 9nd·. the Sopris is administered from Aspen. Two New Forms for Fire Reports- Two new forms have been prepared to take the place of Form 944. A ranger's fire- report leaf, of the size of the ranger's notebook, will be known as Form 874-6; 10,000of these will be printed. A form will be used forreporting each fire. The supervisor's annual fire report to the District Forester will be known as Form 926. Only 1,000ofthese will be printed, since each supervisor will require but one for making his report at the close of the fire season. The first issue of these forms will be made by the property clerk at Ogden with- out requisition. District Foresters will compile their annual fire reports according to the "dummy" form, which was sent to each District Forester with OG letter of April 16. Incomplete Information on Reimbursement Vouchers- Many reimbursement accounts submitted are not complete in the information necessary to explain the expenditures. Charges for meals should give the place where obtained. Cash fares for transportation should show starting and objective points and, if on a railroad, should give the name of the railroad. Subvouchers, Form 4-a, should be filled out in all blank spaces, and all items of an unusual nature should have an explanatory note on the subvoucher. The sample copy of a reim- bursement account shown in the Fiscal Regulations October 1, 1907, pages 39-41, .