Affidavits case of death. Affidavits case of injury. in 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 negligence 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 compensation 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 satisin 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 accompanied 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. Determining If the Secretary of Commerce and Labor shall find from the report and compensation. affidavit or other evidence produced by the 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 compensation 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. Medical examinations. Payment to 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, etc. beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors. Contracts to ex SEC. 7. That the United States shall not exempt itself from liability empt from liabil- under this act by any contract, agreement, rule, or regulation, and any ity void. 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. Repeal. Buildings, limit of cost. BUILDINGS AND PROPERTY. Agricultural appropriation act of March 4, 1911 (36 Stat., 1235). * * [1246] GENERAL EXPENSES, FOREST SERVICE: To enable the Secretary of Agriculture * to erect necessary buildings: Provided, That the cost of any building erected shall not exceed six hundred and fifty dollars. By the agricultural 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. 7. all andhe foreu ar n ppropriation act of August 10, 1912 (37 Stat., 269). nal ten per centum of all moneys_received from Additional fund for permaests during the fiscal year ending June thirtieth, nent improved and twelve, shall be available at the end thereof, ments. 1 by the Secretary of Agriculture for the construction rom which such proceeds are derived; but the Secretary Cooperation Agricultural appropriation act of August 10, 1912 (37 Stat., 269). Buildings claims. on That no part of the appropriation made by this act shall be used or the construction, repair, maintenance, or use of buildings or im- homestead 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. [1270] Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). * * * 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 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 National Forest, by contributing money for that purpose. (1 Sol. Op., 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 telephone 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.) Condemned Affidavits case of death. Affidavits case of injury. in 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 negligence 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 compensation 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 satisin 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 accompanied 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. Determining If the Secretary of Commerce and Labor shall find from the report and compensation. Medical examinations. Payment affidavit or other evidence produced by the 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 compensation 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. to SEC. 6. That payments under this act are only to be made to the beneficiaries, etc. beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors. Contracts to ex ity void. SEC. 7. That the United States shall not exempt itself from liability empt from liabil- 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. Repeal. BUILDINGS AND PROPERTY. Agricultural appropriation act of March 4, 1911 (36 Stat., 1235). * * Buildings, limit [1246] GENERAL EXPENSES, FOREST SERVICE: To enable the Secreof cost. tary of Agriculture * to erect necessary buildings: Provided, That the cost of any building erected shall not exceed six hundred and fifty dollars. By the agricultural 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. 7. If a hearin and confer for the ant. nar Dates for hear ked for, the local officers will consider the same chief of Field Division will duly submit, upon the form proherefor, to this office, an estimate of the probable expense ed on behalf of the Government. He will also cause to be served œnas upon the Government witnesses and take such other steps as necessary to prepare the case for prosecution. Estimate of ex pense. hearing. 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 no appearance for the defense will be made, in which event no appearance on behalf of the Government will be required. The special agent must, therefore, keep advised as to whether the defendant intends to appear at 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 and apply for a hearing, or fails to appear at the hearing ordered without 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 forward the case with recommendation thereon to the General Land Office and notify the parties by registered mail of the action taken. Default by claimant. 11. Upon the day set for the hearing and the day to which it may be. Conduct of hearcontinued the testimony of the witnesses for either party may be sub-ing. 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. If a hearing is had, as provided in paragraph 11, the local officers Decision of lowill render their decision upon the record, giving due notice thereof in cal officers. the usual manner. briefs. 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 Forest upon the proper district assistant to the Solicitor of the Depart- Service on Soment of Agriculture. The special agent will not file any appeal or brief licitor. unless directed to do so by this office or the Chief of Field Division. 14. The above proceedings will be governed by the Rules of Practice. All notices served on claimants or entrymen must likewise be served upon transferees or mortgagees. Very respectfully, Approved: FRED DENNETT, Practice. R. A. BALLINGER, Secretary. FINAL PROOF 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. FILING OF TOWNSHIP PLATS-NOTICES 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 instructions 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." Purposes. Special agent's report. Charges. Notice charges. Same. the A forest ranger is not subject to the Florida statutes requiring and male residents of the counties to work on the public roads, with ent privilege of providing a substitute or paying a stipulated sum in li gh of personal service. (2 Sol. Op., 841.) r. Forest supervisors are not authorized to commute leave without pat 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 concealed weapons, if necessary, to the discharge of these duties, and in doing so are not subject to the State laws regarding the carrying of concealed 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 in all proper ways. (2 Sol. Op., 693.) LANDS. CLAIMS PROCEDURE. INSTRUCTIONS OF JANUARY 19, 1911 (39 L. D., 458), TO SPECIAL AGENTS The following rules are prescribed for the government of proceedings had upon the reports of special agents of this office. All existing instructions 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 cancellation 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 notice. Service charges. 5. The notice must also state that the charges will be accepted as 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, (b) or if he fails to appear at any hearing that may be ordered in the case. of 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 unclaimed registered letters. |