The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1906-11-28
GRAZING FEES ARE
ILLEGAL
IMPORTANT DECISION RENDERED
BY u. 5. DISTRICT COURT IN
STATE OF WASHINGTON.

the west relative to forest reserve fees
has come in the form of a decision
from the United States district court
of the Eastern district of Washington.
says the Cody Enterprise:
In the summer of 1905 Walter Matth-
ews entered the Mount Rainier forest
reserve, in the state of Washington,
with IA large flock of sheep, without
first securing d permit from the for
esty bureau. Accordingly, the United
States district attorney, acting under
orders from the attorney general, Sc
cured Matthew'S indictment tor viola
ton of the regulations adopted under
section "a of the act approved March
81, 1901, entitled 'Au act to repeal the
timber culture laws and for other pur-
poses"
Regulation No. 9 provides that "All
persons must secure permits before
grazing anv stock in a forest reserve,
except few head in actual use by
prospectors, campers and travellers,
and milch cows and work animals, not
exceeding total of six head owned by
bona fide settlers. which are expected
| and require no permits. Any person
responsible for grazing stock without
permit is liable to punishment for
| violation of the law
The court in spea king of the delega-
ton of power to an administrative
| authority, says:
Congress cannot leave statute to
| be enlarged upon either by the courts
or by the executive departments. Ii
cannot authorize any other branch of
the government to define that which
is purely Legislative, and that is purely
lcg islative which defines rights, per
mits things to be done or prohibits the
doing thereof"
After citing numerous decisions
from the federal courts the court con-
cludes.
"The grazing of stock upon the
forest reserve has not been prohibited
| by any cons ressional act. The pro-
hibtion rests entirely upon regula-
lions made bv the secretary.
"Regulat,on No. 9 prescribes, as
were seen, that all persons, before
grazing sheep in forest reserve
must secure permit, and any person
without permit is liable to punish
ment for violation of the law. That Is
whoever violates a rule promulgated
by congress. The evident embar
rassement attending the making o
regulation No. 9 in an attempt t.
bring it within the act of congress is
apparent by the language used.
"Certainly, here is the secretary o
agriculture who has undertaken to en-
act this law. 1t is he who has design
ated that which constitutes the crime
the thing prohibited, the thing fo
which the party is to be punished, th
act which is the offense, is prescribet
by the secretary and not enacted b,
congress.
1.-The objection to the indictment i
the absence of the law defining th
act therein charged as criminal of
fense. Upon that ground the demur
rer must be sustained and the defend
: ant discharged.'
. Many livestock raisers of Wyoming
= will be gratified to learn of the actio
of the court. The question of whethe
or not grazing fees were legal wa
first raised by the livestock growers 0
this state, and they have contende'
r throughout that the forestry servic
r had no authority for the collection O
i such fees.
e The question is one of vital import
i ance to the livestock industry il
: Wyoming, as there are ten million
: acres of forest reserves in this state
S within this area being included larg
d tracts of the finest summer range O
:. the state.
The Wyoming Wool Growers assc
ciation had arranged to begin actio
after its next annual meeting to de
termine the legality of the forest re
v serve grazing fees, but this actio
!; will not low be necessary, as the de
: cision of the Washington court can b
{ cited in the case of Wyoming fores
5: reserves.
v Small stockmen are PARTICULAR
:, gratified by the decision of the Wasl
ington court, as they have contende
y that the grazing fee system in fore'
y reserves was but the prelude to
y grazing fee system which would il
clude all of the public domain. l
:. other words, they realize that tt
II forest reserve system was inaugurate
n as an experiment, upon the success
which depended whether the muc
g feared range leasing system would
adnnfed hv the d mi Strat ti0n