The daily sentinel., 1906-12-27
WILL BE COLLECTED
Grazing Fees VIII he Collected by
The Govcrnmcnt-The Regu-
lations Stand UnmOdiflcd
Interesting In
formation.

A recent decision of a federal judge
ras been widely commented upon
throughout the West on the suppo-
sition that it declared Illegal the regu-
lation of grazing on forest reserves
and the system of charging for graz
ing permits. As a matter of fact,
the decision, which was handed down
hy Judge Whitson. of the United Stat
IS district court for eastern Washing
ton in the case of the United States
VS.. Matthews. has no bearing what
ever upon the legality of the grazing
regulations or of grazing fees. which
stand precisely as before. The legal
question involved was simply this
Does the law authorize the Secre-
taly of agriculture to issue regula-
tions a crime2
Judge Whitsons decision merely
answered this question NO" 1t was in.
substance that the objection to the
Indictment against Walter Matthews
was the absence of law defining the
act therein charged as criminal Of
fease. Upon that ground the court
held that the demurrer must be sus-
tanned and the defendant discharg-
ed
Though the point was simple and
clear enough, it was entirely miscon-
strued in the press reports of the de-
cision and in editorial comments up
omit For instance, in the Wyoming
Tribune of Tuesday November 9Th
news of Judge Wilson's action was
given under the headline: Grazing
Fees Illegal Decides Federal Judge" %
and the article declares that AS a
result of the decision. Matthews, who
entered the Mount Rainier forest
reserve without the permit required
by the secretary. is still using the re-
serve and is not paying the fee i'm
posed by the secretary" As a matter
OF fact, Mr.. Matthews sheep were
removed upon notice by
the forest officials and have not since
entered the reserve.
In the Sheridan, Wyoming Post III
is said: "a decision fraught with inn
portance to Wyoming stockmen is
that appearing in this issue. wherein
it is held by the United States dist
rict court that the collection of fees
for grazing live stock is Illegal
Since its imposition this fee has been
regarded as illegal and arbitrary by
many well-informed Wyoming people
and the views expressed by the court
in this decision met with general ap-
proval here FThe litigant is
still running his sheep on the Rain
ier reserve without paying the fees"
Decisions like Judge Whitson's had
before been made by the federal court
in three other districts, one of them
six years ago, but none of these in
terfcres in the slightest with the
right of the United States to insti-I
tutc civil action against trespassers
the grazing regulations, or
with charging the grazing fee. The
United States circuit court of appeals
in the case of Dastervignes VS.. United
of March 4, 1897, delegating to the
secretary the power to make regula-
tions, is constitutional, that the regu
lation prohibiting the pasturing of
sheep on forest reserves without al
permit is valid, and that the federal
courts will enforce the regulation by
The supreme court of
Arizona, three judges sitting, in the
case of Dent, VS.. The United States |
(7G Pacific Reporter 455), went still
further, under circumstances which
made the decision most emphatic.
Dent was criminally prosecuted for
sheep on a forest reserve
without a permit, in violation of the |
regulations, and the court had held |
that his act was not a crime. but as
soon as the Dastervignes case was
decided for the government the Ari-
.ona court granted a rehearing of the
Dent case and held that the Daster-
,ignes decision was binding on all
.ourts in the Ninth circuit in criminal
as well as civil cases, and that Dent
vas therefore guilty of the crime.
So far. therefore, the court decis-
ons as to the criminality of tres
pass contrary to the forest reserve
equations are conflicting. Final set
lement and adjudication of the point
an not be had until the ruling of
,igher court has been secured; but