commissioner of General Land Office to investigate the entry and such official had by order suspended it pending an investigation upon information of fraud, such action having been instituted within two years after issuance of patent to the original entryman, and constituting a proceeding against the entry within sections 5113 and 5116. Neis v. Ebbe (Or.) 189 P. 417. Protection of bona fide purchasers.A purchaser of a tax title could not be considered a bona fide purchaser under this section. Huntington v. Donovan (Cal.) 192 P. 543. The grantee of a patentee of government land claiming under a void patent, has the burden of showing that he is a bona fide purchaser, in order to claim the benefit of this section. Id. § 5114. (Act March 3, 1891, c. 561, § 8.) Limitations of suits to annul patents. See Frick v. U. S. (C. C. A. Cal.) 255 F. 612; Everett v. Wallin (Minn.) 184 N. W. 958. Application and construction of statute of limitation.-A bill by the United States to have determined the rights of private persons in a certain island cannot be construed as a direct attack upon the decree confirming a Mexican grant to the island, where it was not brought within the five years within which a suit to annul a patent must be brought under this section, since that act, though in terms applying only to suits to annul a patent, has the effect of giving patent validity even against the United States. U. S. v. Coronado Beach Co., 41 S. Ct. 378, 255 U. S. 472, 65 L. Ed. 736. This section does not apply to a suit to set aside for fraud and mistake the approval by the Secretary of the Interior of a canal company's maps of location, filed to obtain a right of way across public lands. U. S. v. Kern River Co. (C. C. A. Cal.) 264 F. 412. The jurisdiction of the Department of the Interior over excepted mineral land can be exercised after the lapse of the limitation period prescribed in this act. 30 Op. Atty. Gen. 485. The limitation provisions of this section and of act of March 2, 1896, § 1 (U. S. Comp. St. 1916, § 4901), respecting suits to annul patents, relate to patents only; they do not apply to a conveyance effected by an approval and certification by the Land Department of a list of State selections. 30 Op. Atty. Gen. 572. Computation of period of limitation -Fraud.-In a suit to cancel patents to coal lands alleged to have been fraudulently entered by persons acting for a coal company, to which they conveyed, the bill, though showing possession of the land by the company at the time of the purchase by the entrymen and subsequent to their conveyances, the propinquity of the land to the corporation's field of operations, and its exploitation by the corporation for the purpose of taking coal therefrom, held susceptible of the construction that the possession by the corporation and its operations on the property were clandestine, and hence it was error to dismiss the bill on the ground that it showed on its face that the government had knowledge of the fraud, so as to start limitations running. U. S. v. Diamond Coal & Coke Co., 41 S. Ct. 335, 255 U. S. 323, 65 L. Ed. 660, reversing decree (C. C. A. Wyo.) 254 F. 266. The failure of the bill to allege that the conveyances by the entrymen were not seasonably recorded did not justify the inference, on a motion to dismiss on the ground that the suits were barred by limitations, that they had been recorded and thereby gave notice of the fraud. Id. Where the bar of limitations under this section would be effective against a suit to cancel patents to coal lands, unless the equitable principle suspending the running of limitations in case of fraud until discovery of the fraud be applied, the doctrine of laches in discovering the fraud, which is an inherent ingredient of such equitable principle, may be invoked against the United States. Id. Where patents to public land as mining claims were procured by fraud and on perjured evidence, the real purpose being to secure title to a valuable water power site, and the deception was continued by subsequent conveyances of the land as mining claims, the United States is justified in relying on the showing made, without independent investigation, and where the fraud was not discovered within the six-year period of limitation prescribed by this section, that statute does not bar a suit for cancellation of the patents, which may be maintained against the patentee and any subsequent grantee with knowledge of the fraud. U. S. v. Bellingham Bay Improvement Co. (C. C. A. Wash.) 281 F. 522. TIMBER-CULTURE § 5116. (Act March 3, 1891, c. 561, § 1, as amended, Act March 3, 1893, c. 208.) Repeal of timber-culture laws. Patent.-A homestead entryman's grantee held not entitled to a patent where the Secretary of the Interior had ordered the Commissioner of General Land Office to investigate the entry and such official had by order suspended it pending an investigation upon information of fraud, such action having been instituted within two years after issuance of patent to the original entryman, and constituting a proceeding against the entry within this act (U. S. Comp. St. §§ 5113, 5116). Neis v. Ebbe (Or.) 189 P. 417. Cited without definite application, Arness v. Petersburg Packing Co. (C. C. A. Alaska) 260 F. 710; 30 Op. Atty. Gen. 398. ENFORCEMENT OF PROVISIONS § 5120. (R. S. § 2478.) Power of Commissioner of Land-Office to enforce this Title. Power of Secretary of Interior.-Under Rev. St. § 441 (Comp. St. § 681), giving the Secretary of the Interior supervision of the public lands, including mines, section 453 (section 699), providing that the Commissioner of the General Land Office shall perform, under the direction of such Secretary, all executive duties concerning public lands, and this section, the Secretary, after proper notice and upon adequate hearing, may determine whether a mining claim is valid, and if it be found invalid, declare it null and void, and the 2 SUPP.U.S.COMP. '23-96 fact that the department has no means of executing its decision, such as dispossessing the locator, is immaterial. Cameron v. U. S., 40 S. Ct. 410, 252 U. S. 450, 64 L. Ed. 659, affirming decree (C. C. A. Ariz.) 250 F. 943. Cited without definite application, Payne v. Central Pac. Ry. Co., 41 S. Ct. 314, 255 U. S. 228, 65 L. Ed. 598; State of Wyoming v. U. S., 41 S. Ct. 393, 255 U. S. 489, 65 L. Ed. 742; Williams v. Newman (D. C. Or.) 257 F. 353. (1521) Sec. TITLE XXXII A—THE NATIONAL FORESTS 5121. Establishment of forest reserves. 5123-5125. [Note.] 5126. Protection of forest reserves; rules and regulations therefor. 5127, 5128. [Note.] 5129. Egress or ingress of actual settlers; prospecting. 5130-5134. [Note.] 5134a. Exchange of lands in National Forests with persons who have relinquished lands as basis for lieu selection; procedure; relinquishment of original lands to such persons. 5134b. Same; selection of other lands in lieu of lands relinquished. 5135. No forest reserves to be created within certain states. 5135a. Exchange of lands in National Forests; cutting timber in National Forests in exchange for lands therein. 5135b. Cutting timber on land added to Siskiyou National Forest. 5138. Export of timber and other products. 5138aa Nebraska National Forest; trees from for homestead settlers. 5141a. Use and occupation of lands for summer homes, hotels and stores. 5142. Disposition of money received Sec. from sale of products or use of land. 5146. Disposal of money received by or on account of Forest Service; refund of excess. 5147. Amendment of Act March 4, 1907, c. 2907; refund of moneys erroneously collected, etc. 5149. Payment of part of money received from each forest reserve to State or Territory for public schools and public roads. 5150. Additional expenditures for roads and trails; co-operation with State authorities. 5150b. Appropriations for Forest Service; use for transportation or traveling expenses. 5150c. Same; use for preparation or publication of newspaper or magazine articles. 5152. Forest supervisors and rangers; selection. 5162. Agricultural lands in forest reserves open to homestead entry; preference rights. 5174-5176. [Note.] 5177. National Forest Reservation Commission; authority to purchase lands, etc. 5178-5187. [Note.] 5187c. Time for paying grazing fees extended. § 5121. (Act March 3, 1891, c. 561, § 24.) Establishment of for § 5126. (Act June 4, 1897, c. 2, § 1.) rules and regulations therefor. Departmental regulations and their validity.-Under this section, regulation G-15 of the National Forest Manual, which gives to citizens of the United States preference in the use of the national forests for grazing purposes, is legal. 32 Op. Atty. Gen. 374. Under this section the Secretary of Agriculture is authorized to make grazing rules and regulations for the national forests and he may give preference in the matter of grazing permits to citizens of the United States since the public domain is primarily for their benefit rather than for the benefit of aliens. Id. Permit for use of land.-Where a decree, entered by stipulation, enjoined defendant from pasturing on a forest reservation without first obtaining a Protection of forest reserves; permit under the regulations of the department, provided that the decree should not prejudice his right to such permit, nor bar an action for subsequent trespasses, the local official in charge was not justified in withholding a permit to which, under the regulations, defendant was entitled on the merits, to coerce payment of damages claimed for trespasses pending the suit. U. S. v. Smith (D. C. Mont.) 282 F. 339. Under Comp. St. §§ 4946, 4947, 4948, and this section, the Crescent Mining Co., a corporation organized and existing under the laws of Canada, is not entitled to a water power permit within the Okanogan National Forest in the State of Washington. 30 Op. Atty Gen. 581. Cited without definite application, U. S. 450, 64 L. Ed. 659; Byron v. Cameron v. U. S., 40 S. Ct. 410, 252 U. S. (C. C. A. Or.) 259 F. 371. §§ 5127, 5128. (Act June 4, 1897, c. 2, § 1, as amended, Act June 6, 1900, c. 804.) Cited without definite application, Cameron v. U. S., 40 S. Ct. 410, 252 U. S. 450, 64 L. Ed. 659; Byron v. U. S. (C. C. A. Or.) 259 F. 371. § 5129. (Act June 4, 1897, c. 2, § 1.) Egress or ingress of actual settlers; prospecting. Selection of lieu lands.-Where an owner of a right to make a lieu land selection under this act, sold it and issued a power of attorney without naming an attorney in fact, intending to give the purchaser such right, and the purchaser caused his name to be written but thereafter sold it without making a selection of lieu lands, an erasure of the name by the last purchaser and a substitution of his own constituted a substitution of attorneys in fact. Sandpoint Lumber & Pole Co. v. Anderson (Idaho) 186 P. 254. When a patent is issued to one who has sold his right to make a lieu land selection under this act, such patentee holds the naked legal title, in trust, subject to the right of an attorney in fact whose name has been entered in the power of attorney given by the patentee, to convey it. Id. Cited without definite application, Cameron v. U. S., 40 S. Ct. 410, 252 U. S. 450, 64 L. Ed. 659; Byron v. U. S. (C. C. A. Or.) 259 F. 371; 31 Op. Atty. Gen. 433. S$ 5130-5134. (Act June 4, 1897, c. 2, § 1.) U. S. (C. C. A. Or.) 259 F. 371; 31 § 5134a. (Act Sept. 22, 1922, c. 404, § 1.) Exchange of lands in National forests with persons who have relinquished lands as basis for lieu selection; procedure; relinquishment of original lands to such persons. Where any person or persons in good faith relinquished to the United States lands in a national forest as a basis for a lieu selection under the Act of June 4, 1897 (Thirtieth Statutes at Large, pages 11, 36), and failed to get their lieu selections of record prior to the passage of the Act of March 3, 1905 (Thirty-third Statutes at Large, page 1264), or whose lieu selections, though duly filed, are finally rejected, the Secretary of the Interior, with the approval of the Secretary of Agriculture, upon application of such person or persons, their heirs or assigns, is authorized to accept title to such of the base lands as are desirable for national-forest purposes, which lands shall thereupon become parts of the nearest national forest, and, in exchange therefor, may issue patent for not to exceed an equal value of national-forest land, unoccupied, surveyed, and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove an equal value of timber within the national forests of the same State. Where an exchange cannot be agreed upon the Commissioner of the General Land Office is hereby authorized to relinquish and quit claim to such person or persons, their heirs or assigns, all title to such lands which the respective relinquishments of such person or persons may have vested in the United States: Provided, That such person or persons, their heirs or assigns, shall, within five years after the date of this Act, make satisfactory proof of the relinquishment of such lands to the United States by submitting to the Commissioner of the General Land Office an abstract of title to such lands showing relinquishment of the same to the United States, which abstract or abstracts shall be retained in the files of the General Land Office. (42 Stat. 1017.) This section, and the section next following, are an act entitled "An act for the relief of certain persons, their heirs or assigns, who heretofore relinquished lands inside national forests to the United States," cited above. § 5134b. (Act Sept. 22, 1922, c. 404, § 2.) Same; selection of other lands in lieu of lands relinquished. If it shall appear that any of the lands relinquished to the United States for the purpose stated in the preceding section have been disposed. of or appropriated to a public use, other than the general purposes for which the forest reserve within the bounds of which they are situate was created, such lands shall not be relinquished and quitclaimed as provided therein, unless the head of the department having jurisdiction over the lands shall consent to such relinquishment; and if he shall fail to so consent, or if any of the lands so relinquished have been otherwise disposed of by the United States, other surveyed, nonmineral, unoccupied, unreserved public lands of approximately equal area and value may be selected and patented in lieu of the lands so appropriated or disposed of in the manner and subject to the terms and conditions prescribed by said Act of June 4, 1897, and the regulations issued thereunder: Provided, That applications to make such lieu selections must be filed in the General Land Office within three years after the date of this Act. (42 Stat. 1017.) See note to § 5134a, ante. § 5135. (Act March 4, 1907, c. 2907.) No forest reserves to be created, within certain states. By Act Oct. 29, 1919, c. 88, 41 Stat. 324, it is provided as follows:-"That, subject to the approval of the Secretary of the Interior, all public lands in central Idaho within the tract commonly known as the Thunder Mountain region, bounded by the Idaho, Salmon, Challis, and Payette National Forests, are hereby reserved and set apart as national forest lands, as follows, subject to all valid existing claims, and the said lands shall hereafter be subject to all laws affecting the national forests, that part of the said tract lying north of the fourth standard parallel north, Boise meridian and base, is hereby added to and made a part of the Idaho National Forest; and that part of the said tract lying south of the said fourth standard parallel is hereby added to and made a part of the Payette National Forest." Act Feb. 11, 1920, c. 67, 41 Stat, 404, adds certain described lands to the Ochoco National Forest, Oregon. Act Feb. 11, 1920, c. 69, 41 Stat. 405, adds certain described lands to the Oregon, Siuslaw, and Crater National Forests. Section 2 of this act provides as follows: "When the Secretary of Agriculture finds that merchantable timber may be cut from the above-described lands without detriment to the purity of or depletion of the water supply, said Secretary is hereby authorized to dispose of such merchantable timber on the lands added to said national forests by section 1 hereof in accordance with the regulations of the Secretary of Agriculture for the national forests and the entire proceeds of any sale there shall be deposited in the Treasury of the United States in a special fund designated as "The Oregon and California land-grant fund,' referred to in section 10 of the said Act of June 9, 1916, and be disposed of in the manner therein designated: Provided, That in the event any of said lands are eliminated from said forests as not necessary for the purposes for which this reservation is made they shall be disposed of in the manner provided for by said Act of June 9, 1916." The boundaries of the Oregon National Forest are enlarged by Act May 20, 1920, c. 191, 41 Stat. 605. The Secretary of the Interior is authorized to accept for the United States lands within the Sierra National Forest, California, and to exchange therefor National forest land or timber within the National forests of California, with a provision that timber given in such exchanges shall be cut and removed under the laws and regulations relating to the national forests, etc., by Act June 5, 1920, c. 242, 41 Stat. 980. Act June 30, 1906, c. 3926, 34 Stat. 801, being an act authorizing the sale to the city of Los Angeles, California, a right of way in certain public lands in California, and in, over, and through the Sierra Forest Reserve, the Santa |