Gunnison news-champion., 1906-11-09
Cx1ae FNh
Z alEsiaaeaI sr.a. kse-s Pass

the tlaaosE f-iisEs Laws sG1 Tor q l4er
Parpa~ss
Re,slai,on s-Al p~ssya. nla-s
secure g-sFrnlis before grazing as
stock ia . forest reserve. exc~gf
les head IN actaal r-e by prs~pec'-
nrs. campers and traseior- and ~ b
and work animals ngs exceee .
iai.l as six head owned by ba..a
fds setrler.- which are excepted ard
require no permit Auy persoa re-
ssau-ible far srazins stock ~Ith 20
. permit Is liabie - punishment T
.tiaH q the law
Tie sufhciency # the sndictnseui
was challenged ~ dsnsrrer an n
vas arEaed ~ counsel far the de-
iendant that the provision above
qsgted making d az aisense to sio-
isis the rules aad regulations ma1e
bv the secretary # agriou.,are j.
an stssmpt by conEress % delecsts
- legislative power.
The court, ~ speaking If the dal-
egaiIon 81 power O. an a5miu,sira-
1--we authority says.
The president NAV be author zei
% declare by proclamation that the
lar shall 20 into effect upon the
happening Il certain coutingencs
TIE secretary Of the treasury mas
make rules aud regulations Tor bs
eufprcemeut Of the statute and the
like - NAV the heads of all de-
partments make like regulations. bot
the authority D. Do - must be sx-
prcssly delegated and the law must
be complete IN itself The rules and
Hegaaatsaes may only De pres.rihei
ior carrying out out what congress
has eXp esslv declared 70 be law
sdch powers 90 not pertain - the
legislative functions. bat are reieT-
ahle u aiminisf rative duties. Con-
Eress cannot leave statute to he en-
larget upon either hy the courts ~
by the executive departments Il
cannot authorize amy other branch
OF the government % define that
which IS purely Legislative. and thai
Is purely legislative which defines
rights. permits things 10 he done or
prohibits the doing thereof
Alter citing numerous decisions
from the federal courts the courts
concl udes
Have We then a case involving the
delegation Of legislative power
That congress intended TO punish
by penalty, made certain, the viola
iions of regulations made BY the sec
retarv Of agriculture and to declare
the same criminal offense. is beyond
controversy, But the grazing Of
stock upon the fore 1t reserves has
not been prohibited by any congres-
sional act. The prohibition rest =
entirely upon regulations made by
the secretary.
Regulation No. Q prescribes. as
We have seen, that all persons, be-
fore grazing sheep in forest reserve.
must secure a permit and any person
responsible for grazing the same
without permit is liable to punish
ment for violation of the law. That
Is, whoever violates a rule promul-
gated by the secretary violates a law
passed by congress The evident
embarrassment attending the max
ing of regulation No. . in an attempt
to bring it within the act Of con-
ere.s is apparent by the language
used. Clearly there was a keen ap-
preelatlnn IT the necessity Of supply
ing that what congress had failed u
enact. and ths was attem ted hv the
use of words SIS liable ~ punish
ment for violation of the law"
As result of the decision Mat
thews. who entered the Mount Rainier
foresi reserve without the permit re-
quired by the secretary, is still US
ing the reserve aud is not paving
the fee imposed by the secretary.
1t is obvious from the decision
that the executive officers at WASH
ington have not the authority to- en-
force the payment Of a tax upon live
stock grazed in forest reserves
The decision OF the court I'm the
state of Washington is the culmina-
ton Of the determined fight led bv
the Colorado senators on behalf of
the live stock interests Of Colorado.
and is complete vindication 81 their
contention.
r