It it desirable that supervisors should communicate with the State or Territorial game warden, and obtain appointment for themselves and all the rangers under their supervision as deputy State game wardens. This appointment is sufficient warrant to arrest for offenses against the State or Territorial game laws. Whenever it is found that the stock interests are suffering or that the number of game animals or birds is on the decrease on account of wolves, cougars, coyotes, bobcats, or other predatory animals, a report should be made to the Forester, with recommendations for such action as is necessary to get rid of

them.

Forest rangers and guards may be assigned to the work of hunting predatory animals for a limited time each year, and will be furnished with necessary ammunition, poisons, and traps. If none is sufficiently experienced or can be spared for the work, professional hunters may be recommended for appointment as guards for such period as their services are required.

TRESPASS.

CIVIL ACTION.

The United States has all the civil rights and remedies for trespass possessed by private individuals.

If any Forest officer discovers a trespass he will notify the trespasser, if possible in the presence of a witness, to discontinue the trespass, and note the hour, day, and place of notice. He will also report the facts immediately to the supervisor on Form 856, and when danger of removal or destruction is imminent will seize all material involved in the trespass and, if necessary, arrest the offender.

The Commissioner of the General Land Office has instructed special agents to transfer to supervisors all cases of unlawful timber cutting on lands afterward included in a National Forest.

Supervisors will report all cases of trespass to the Forester, setting forth the damage done or threatened, including the actual expense incurred in investigating the trespass. If an offer of settlement is not made or is not accepted, and the damage

seems sufficient to warrant a recommendation by the supervisor that civil action be brought, the Department of Justice will be requested by the Forester to institute suit against the trespasser. Thereafter the supervisor will do all in his power to collect evidence for and assist the district attorney in the prosecution of the suit, and promptly inform the Forester of each step in the case. Forest officers may administer oaths in securing testimony.

Injunction. When facts reported by a Forest officer make it advisable, the Forester will seek an injunction to restrain trespass on National Forests.

Damages. Civil action may be brought to recover damages caused by any trespass or breach of contract, in addition to criminal action.

Compromise. The Secretary of Agriculture has no power to compromise criminal cases, and a proposition of settlement submitted with the understanding that if accepted criminal proceedings for the trespass will be waived will be rejected.

Settlement. The Secretary of Agriculture has power to settle with any trespasser for the actual civil damages. The rule for measure of damages for timber cut in trespass is as follows: When the trespass is willful, the value of the timber where found; when unintentional, the stumpage value only. Damages for timber trespass may be collected from the original trespasser or from any subsequent purchaser.

Forest officers will notify trespassers that they may make, upon Form 653, offers of settlement to accompany the trespass reports, but no such offer will be considered unless the amount offered in settlement is remitted by postal or express money order or national-bank draft on New York to the Fiscal Agent, Forest Service, Washington, D. C. (Reg. 65.)

Punitive damages. When trespass can be shown to be malicious or due to such negligence as implies malice or a reckless indifference to the rights of the Government, especially when a person trespasses after notice, punitive damages may be recovered, although the act constitutes an offense punishable under the criminal statutes.

CRIMINAL ACTION.

REG. 64. Under authority given to the Secretary of Agriculture regarding National Forests "to regulate their occupancy and use and to preserve the forests thereon from destruction," the following acts within National Forests are hereby forbidden, and under the act of June 4, 1897, constitute trespass punishable by fine and imprisonment. (Appendix, p. 170.)

(a) Grazing upon or driving across a Forest any live stock without a permit, or in violation of the terms of a permit, except as otherwise allowed by regulation.

(b) Erecting or maintaining a fence or inclosure without a permit, except upon patented land or upon a valid claim when necessary for the actual development of such claim consistent with the purposes for which it was initiated.

(c) Squatting upon land within a Forest, or making settlement, except in accordance with the act of June 11, 1906. (Appendix, p. 189.)

(d) Building roads, trails, railways, or tramways, and constructing ditches, dams, canals, pipe lines, flumes, tunnels, or reservoirs without a permit, or in violation of the terms of a permit, except as otherwise allowed by law, and except upon patented land or upon a valid claim when

necessary for the actual development of such claim consistent with the purposes for which it was initiated.

(e) Erecting or conducting telephone, telegraph, or power lines, hotels, stores, sawmills, power plants, or other structures, or manufacturing or business enterprises, or carrying on any kind of work, except as allowed by law and National Forest regulations, and except upon patented land or upon a valid claim for the actual development of such claim, consistent with the purposes for which it was initiated.

(f) Willfully removing any timber which has been unlawfully cut, either previously or subsequently to the creation of the National Forest.

(g) Willfully tearing down or defacing any notice of the Forest Service.

(h) Willfully destroying or damaging any property be longing to or used by the United States for National Forest purposes.

(i) Willfully setting on fire, or causing to be set on fire, any timber, brush, or grass, or leaving or suffering fire to burn unattended near any timber or other inflammable material in a National Forest.

The following trespasses within National Forests are forbidden by specific acts of Congress, and are punishable by fine and imprisonment:

(1) Unlawfully cutting or removing, or wantonly destroying timber. (Appendix, pp. 193, 199.)

On a valid unpatented claim timber may be cut, but only to the extent necessary for its actual development consistent with the purposes for which it was initiated. (Appendix, p. 196.) Timber cut from one claim can not lawfully be used upon another, unless such use tends

directly to develop the claim from which it is cut; and the burden of proof is upon the claimant to show this.

(2) Destroying, defacing, changing, or moving any corner, meander post, monument, or bench mark, or cutting down any blazed line or witness tree on any Government line of survey. (Appendix, p. 197.)

(3) Cutting, chipping, chopping, or boxing any tree, even though on an unperfected claim, for the purpose of obtaining any pitch, turpentine, or other substance; or knowingly buying any pitch, turpentine, or other substance so obtained. (Appendix, p. 197.)

(4) Appropriating, excavating, injuring, or destroying any historic or prehistoric ruin or monument, or any object of antiquity without a permit. (Appendix, p.

192.)

Arrest.-All Forest officers have power to arrest without warrant any person whom they discover in the act of violating the National Forest laws and regulations, or to secure a warrant from a United States commissioner, or, if one is not convenient, from a justice of the peace, and use it as the visible sign of the right to arrest, and also to arrest for any such violation on a warrant obtained by any competent person. (Appendix, p. 203.)

All Forest officers are directed to be vigilant in discovering violations of National Forest laws and regulations and diligent in arresting offenders, either on a warrant secured from a United States commissioner of the district or a justice of the peace, or without such warrant when the offender is taken in the act of violating any provision of Regulation 64, or any criminal law relating to National Forests. Unless, however, the trespass threatens damage to the Forest or interference with its management, or the offender is likely to escape, no arrest should be made, or other step taken to institute any criminal or