, 1906-11-06
OF IMPORTANCE TO WYOMING.

The decision Of the United States
court for the eastern district Of Wash
ington is of great Importance to the
stockraisers of this state. If the de.
cislon is good law stockmen may use
the forest reserves of Wyoming with
out the payment of the range charges
In Wyoming last year these fees
amounted to approximately 100000.
After citing numerous decisions
from the federal courts the court con.
cludes:
"The grazing of stock upon the for
est reserves has not been prohibited
by any congressional act, The pro
hibition rests entirely upon regula-
lions made by the secretary
Regulation No, Q prescribes that all
persons, before grazing sheep in a for
est reserve, must secure a permit ana
any person without a permit is liable
to punishment for violation Of the law
That is, whoever violates a rule pro-
mulgated by the secretary violates a
law passed by congress. The evident
embarrassment attending the making
Of regulation No. 3 in an attempt to
bring 1t within the act Of congress is
apparent by the language used.
Certainly here is the secretary OF
agriculture who has undertaken to en-
act this law. 1t is he who has desig-
mated that which constitutes the crime,
the thing prohibited, the thing for
which the party is to be punished,
the act which is the ~offense; is pre-,
scribed by the secretary and not enact
ed by congress.
The objection to the indictment is
the absence of n law defining the act
therein charged as a criminal offense.
Upon that ground the demurrer must
be sustained and the defendant dis
charged"
The decision OF the court is not en-.
tirely a new proposition to the stock.
men of the west. The contention that
the fees were IN illegal and unconsti.
~tutional charge has been raised by the
Wyoming sheep commission on more
than one occasion. President Wilson
and Secretary walker have discussed
h matter and were probably pioneers
in the position now taken by the Unit.
ed States judge quoted herein.
In an address to the woolgrowers of
Montana at Helena, October 6, b9C6.
Secretary Walker said:
There is a serious doubt in the
minds of some of the leading jurists
OF the west today, as to the legality Of
the forest reserve requirements. and
sooner or later the matter will be test
ed in the courts. 1t is held that the
government has no right to come here
and say that you can or cannot use
the forest reserves, or that you can
Craze only a certain number of sheen
or cattle on this or that reserve, or that
you shall pay n certain fee for graz.
ing. The very fact thai the depart,
ment returns a certain percentage of
the receipts from grazing for use in
conducting the public schools of the
state is considered prima facie evi.
dence of the ~illegality of the forest re.
serve regulations. If the state is en-,
titled to anything, why is it not en-.
titled to all? Why haven't the states
the right to govern these reserves the
same as other property within their
borders? l believe they have, and
when the test comes, l am satisfied
the verdict will be in favor of the
states, and the stock interests"
Little did Mr.. Walker think at the
time he delivered his address to the
Montana woolgrowers that his iudg.
ment was so soon to be backed up by
a United States court.
Mr., Walker is to be congratulated
upon he manner in which he has con
Quoted the affairs of his office. The
Wyoming sheep commission is cutting
some ice" and is only second to the
national organization, of which Mr..
Walker IS also the efficient secretary.