Provisions for against fire, etc. lations. selection, or location, made under any law of the United States, for [35] The Secretary of the Interior shall make provisions for the proprotection 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 may make 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 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. Penalty. 25 Stat., 166. R. S., sec. 5388.. Penalty for trespass. Timber in minbe cut. NOTE.-The statutes referred to in the closing lines of the above act were both expressly repealed by the revised criminal code of 1909.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). Section fifty-three hundred and eighty-eight of the Revised Statutes 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.] SEC. 1. All citizens of the United States and other persons, bona fide eral 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 regu- prescribe 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 of this act shall not extend to railroad corporations. late. to railroads. Disposal of tops, brush, and other refuse. Duty of land officers. [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): "SEC. 9. Persons felling or removing timber under the provisions of this act must utilize all of each tree cut that can be profitably used, and must dispose of the tops, brush, and other refuse in such manner as to prevent the spread of forest fires." SEC. 2. It shall be the duty of the register and the receiver of any 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 ately notify the Commissioner of the General Land Office of that fact; Trespass. and all necessary expenses incurred in making such proper examinations 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 Penalty. 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), amending section 8 of the act to repeal the timber culture laws. * * from Timber public timber Defenses. Agricultural, SEC. 8. * And in the States of Colorado, Montana, Idaho, North Dakota, and South Dakota, Wyoming, and the District of Alaska, lands. 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 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 timberlands for use in such State or Territory by a resident thereof for agricultural, mining, manufacturing, or domestic purposes under rules and regulations made and mining, etc., uses. 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 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 CODE OF MARCH 4, 1909 (36 STAT., 1088, 1098, AND 1099). SEC. 52. Whoever shall willfully set on fire, or cause to be set on fire, Setting fires. any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable 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 Indian 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 Government, 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 year, or both. (As amended by Act June 25, 1910, 36 Stat., 855, 857.) SEC. 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. Same. Fines go school fund. to of public land with Act of Feb. 25, 1885 (23 Stat., 321), to prevent unlawful occupancy of the public lands. SEC. 1. That all inclosures of any public lands in any State or Terri- Inclosure tory of the United States, heretofore or to be hereafter made, erected, out claim forbidor constructed by any person, party, association, or corporation, to den. any of which land included within the inclosure the person, party, 66777°-13-5 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.1 Civil suit. Affi zen. Injunction. SEC. 2. That it shall be the duty of the district attorney of the United davit by any citi-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, showing 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 description, if the name can not on reasonable inquiry be ascertained, to institute 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 Territorial district court, having jurisdiction over the locality where the land inclosed, or any part thereof, shall be situated, to hear and determine 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 de- day. In any case, if the inclosure shall be found to be unlawful, the court shall make the proper order, judgment, or decree for the destruction 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 SEC. 3. That no person, by force, threats, intimidation, or by any entry, settlement, fencing or inclosing, or any other unlawful means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public lands laws of the United States, or shall prevent 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. Summary struction. or passage bidden. Criminal action. SEC. 4. That any person violating any of the provisions hereof, 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 acquired the right to use railroad odd sections to construct a fence located entirely on the odd sections, but in such a manner as to inclose with the odd sections some of the even sections belonging to the Government. (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 of a 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 would place the public domain of the United States completely at the mercy of State legislation," President, may force. SEC. 5. That the President is hereby authorized to take such measures as shall be necessary to remove and destroy any unlawful inclosure remove fence by of any of said lands, and to employ civil or military force as may be necessary for that purpose. SEC. 6. That where the alleged unlawful inclosure includes less than one hundred and sixty acres of land, no suit shall be brought under the provisions of this act without authority from the Secretary of the Interior. SEC. 7. That nothing herein shall affect any pending suits to work their discontinuance, but as to them hereafter they shall be prosecuted and determined under the provisions of this act. MISCELLANEOUS TRESPASSES AND OTHER OFFENSES AGAINST THE Inclosures of less than 160 acres. Pending suits not affected. Destruction of historic monuments and ruins Act of June 8, 1906 (34 Stat., 225), for the preservation of American antiquities. Any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, historic and presituated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of prohibited. the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than Penalty. ninety days, or shall suffer both fine and imprisonment, in the discretion of the court. The remainder of the foregoing act, authorizing the establishment of national monuments, is printed ante, page 12. CRIMINAL CODE OF MARCH 4, 1909. Hunting, etc., SEC. 84. Whoever shall hunt, trap, capture, willfully disturb, or kill any bird of any kind whatever, or take the eggs of any such bird, on 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 Agriculture 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. on SEC. 55. Whoever, except forest rangers and other persons employed Trespass 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 Cascade 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 than five hundred dollars, or imprisoned not more than six months, or both. SEC. 56. Whoever shall knowingly and unlawfully break, open or Breaking inclodestroy any gate, fence, hedge, or wall inclosing any lands of the United sures. 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 purpose 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 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 Permitting False personation, etc. Robbery of United States property. Embezzlement, theft, etc. Receiving stolen property. Destroying Government survey corners, etc. Malicious struction de of United States property, etc. Perjury. Arrests by forest officers. 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. SEC. 32. Whoever, with intent to defraud either the United States or any person, shall falsely assume or pretend to be an 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 valuable thing, shall be fined not more than one thousand dollars, or imprisoned not more than three years, or both. SEC. 46. Whoever shall rob another of any kind or description of personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. SEC. 47. Whoever shall embezzle, steal, or purloin any money, property, 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. SEC. 48. Whoever shall receive, conceal, or aid in concealing, or 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 purloined by any other person, knowing the same to have been so embezzled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both; and such person may be tried either before or after the conviction of the principal offender. SEC. 57. Whoever shall willfully destroy, deface, change, or remove 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 two hundred and fifty dollars, or imprisoned not more than six months, or both. SEC. 60. Whoever shall willfully or maliciously injure or destroy any of the works, property, or material of any telegraph, telephone, or cable 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 system, 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. SEC. 125. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, 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. All persons employed in the forest reserve and national park service of the United States shall have authority to make arrests for the violation 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 |