Lillibridge
United States v. Lillibridge
Opinion
Opinion
McCORMICK, J.
This is a suit in equity for a perpetual injunction to restrain defendants from mining on certain land included within the San Bernardino National Forest. A temporary injunction forbidding mining on the property in controversy pendente lite was issued by Judge Hazel after a full hearing in court. The areas involved are not part of the public domain. They have been set apart and reserved from settlement for forest usages by presidential proclamation. See 26 Stat. 1103 , and 27 Stat. 1049 and 1068.
The Secretary of Agriculture, under the authority of congressional act of June 4,1897 ( 30 Stat. 35 ), and Act March 4, 1915 ( 38 Stat. 1101 [16 USCA § 497]), and prior to 1927, caused to be surveyed and laid out on such lands what are known as “special use areas,” and' long prior to any of the mining locations or activities of defendants there have been issued to numerous parties permits to use portions of such special use areas of the National Forest for public camp grounds, summer home sites, resort sites, and recreational developments. See Reg. L-1, Dept. of Agriculture; also, Use Book, p. 151, Dept. of Agriculture. Pursuant to such permits, many entries have been made upon such…