Burch

The United States, as owner of the public lands within Lassen National Forest, brought suit to enjoin the maintenance of a fence alleged to he located upon lands of the forest reserve, and which interfered with the construction of a certain road, authorized by the Secretary of Agriculture. From a decree in favor of the government, defendant appeals.

Appellant is the owner of lots 3 and 4 and S.^ of NW.14 of section 1, township 30 north, range 7 east, Mount Diablo meridian, in Lassen county, Cal., according to the official plat of survey of said township. Section 2 of said township is within the reserve. Within lots 1 and 2 and the S.% of the NE.% of said section 2 is located the greater portion of a mountain lake, named Silver Lake. Between the east shore line of this lake and the section line between sections 1 and 2, the road has been directed to be established. Appellant’s land in section 1 is enclosed with fence, so constructed that a portion of Silver Lake is within the enclosure. It is the contention of the government that Silver Lake is wholly within the boundary lines of section 2, and that appellant’s west line fence is within the latter section, and not on the township…