The Glenwood post., 1906-12-22
PUBLIC LETTER
ON FORESTRY
Department Of Agriculture Issues
Interesting Circular Showing
Legal Decisions
some OF THE OPINIONS CONFLICT

We have recently been told that the
courts have held the order of the for
estry department relating to grazing
fees illegal. Others have denied this
and the powers that be have remained
silent on the subject until this week
when the forestry service of the de-
partment of the interior issued the
following explanatory circular which
will be of interest to all stockmen:
A recent decision of a federal judge
has been widely commented upon
throughout the West on the supposi
ton that it declared illegal the regula
tion of grazing on forest reserves and
the system of charging for grazing
permits. As matter of fact, the de-
cision, which was handed down by
Judge Whitson, of the United States
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 authorizing the secre-
tary of agriculture to issue regula-
tions make the breach of those regula
tiOns crime?
Judge Whitson's decision merely
answered this question No. 1t
was in substance that the objection to
the indictment against Walter Mat
tnews was the absence of law de-
fining the act therein charged as q
criminal offense. Upon that ground
the court held that the demurrer must
be sustained and the defendant dis
Enlarged.
Though the point was simple and
clear enough. it was entirelys miscon-
strued in the press reports of the
decision and in editorial comments
upon it. For instance. in the Wyom
ing Tribune Of Tuesday, Nov. 6, news
of Judge Whitson' $ action was given
under The headlines: Grazing Fees
Illegal Decides Federal Judge and
the article declares that LAS result
VI lHe ueClSlOu, 4hdhlho"o' "ho Sh
tered the Mount Rainier Forest Re-
servo without the permit required by
the secretary, is still using the reserve
and is not paying the fee imposed by
the secretary AS matter OF tact,
Mr.. Matthews sheep were immedi'
ately removed upon notice by the for
est officers and have not since entered
the reserve.
In the Sheridan. Wyoming, Post
it is said "A decision fraught with
importance to Wyoming stockmen is
that appearing in this issue, wherein
it is held by the United States Dis.
trict Court that the collection of fees
for grazing live stock is illeagl, "
Since its imposition this fee has
been regarded as illegal and arbitrary
by many we'll informed Wyoming
people, and the views expressed by
the court in this decision meet with
, general approval here The
/Iitigant is still running his sheep on
Ahe Rainier Reserve without paying
the fees. -
Decisions like Judge Whitson had
before been made by the federal courts
in three other districts, one of them
six years ago, but none of these inter
feres in the slightest with the right
of the United States to institute civil
action against trespasseIs violating
the grazing regulations, or with
charging the grazing fee. The United
States Circuit Court of Appeals for
the Ninth Circuit decided definitely
in the case of Dastervignes VS. United
States, that the provisions of the act
of March 4, 1897, delegatinS to tn"
secretary the power to make regula
tions, is constitutional, that the regu
lation prohi ibiting the pasturing OF
sheep on forest reserves without per-
init is valid. and that the federal
courts will enforce the regulation by
Injunction. The Supreme Court OF
Ariz,ua. three judges sitting. in tine
case of Dent VS.. United States (76 Pa
cific Reporter. 455) went still further,
under circumstances which made the
decision most emphatic. Dent was
criminally prosecuted for grazing
sheep on forest reserve without a
permit. in violation of the regula
tions and the court had held that his
act was not crime; but rs soon as
the Dastervignes case was decided 1oi
the government. the Arizona cour,
granted rehearing of the Dent cast
and held that the Dastervignes deci
on was binding ON all courts in tht