The Socorro chieftain. [volume] (Socorro, N.M.) 1902-1959, 1906-12-22
Regulations UnmOdifed by Recent
Decision Of Federal Judge
Misapprehension Corrected.
THEY WILL Be COLLECTED
Says a Press Bulletin Issued by the
Department Of Agri-
culture

Following Is press bulletin
just issued by the department Of
agriculture:
A recent decision of a federal
judge has been widely comment
ed upon throug hout the west on
the supposition that it declared
illegal the regulation of grazing
on forest reserves and the system
of charging for grazing permits.
AS matter of fact the decision,
which was handed down by Judge
Whitson of the United States
district court for eastern Wash
ington, in the case of the United
States VS.. Matthews, has no bear
ing whatever upon the legality of
the grazing regulations or of
grazing fees, which stand pre-
cisely as before. The legal ques-
ton involved was simply this:
Does the law authorizing the sec
retary of agriculture to issue reg
ulations make the breach of those
regulations a crime?
Judge Whitson's decision mere
ly answered the question NO"
1t was in substance that the OBJ
lection to the indictment against
Walter Matthews was the absence
of law defining the act therein
charged as a criminal offense.
Upon that ground the court held
that the demurrer must be sus-
tanned and the defendant dis
charged.
Though the point was simple
and clear enough, it was entirely
misconstrued in the press reports
of the decision and in editorial
comments upon it. For instance,
in the Wyoming Tribune of Tues
day, November 6, news of Judge
Wilson's action was given under
the heading: Grazing Fees lille
gal 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 reserve and is not pay
ing the fee imposed by the secre-
tary." AS a matter of fact, Mr..
Matthews sheep were immedi-
ately removed upon notice by the
forest officers, and have not since
entered the reserve.
In the Sheridan (Wyo.) 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 district court that the col
lection 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 meet
with general approval here.
The litigant is still running his
sheep on the Rainier reserve with
out paying the fees"
Decisions like Judge Whitson's
had before been made by the fed
eral courts in three other districts
one of them six years ago, but
none of these interferes in the
slightest with the right of the
United States to institute civil
action against trespaSSers violat-
ing 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, delegating to the
secretary the power to make reg
ulations, is constitutional; that
the regulation prohibiting the
pasturing of sheep on forest re-
serves without a permit is valid,
and that the federal courts will
enforce the regulation by injunc-
tion. The supreme court of Ari-
zona, three judges sitting, in the
case of Dent VS.. United States
Go Pacific Reporter, 455), went
still further, under circumstances
which made the decision most
emphatic. Dent was criminally
prosecuted for grazing 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 de-
cided for the government the Ari-