The Glenwood post., 1906-11-24
REGULATIONS
SATISFACTORY
Stockmen and Forestry Bureau
Agreeing More Than Ever on
Grazing Rules
ViOLATORS ARE FINED IN DENVER

Tuesday of last week IN the federal
court at Denver Mr.. Phelps of Wig
wan creek in the Pixies Peak forest
reserve plead guilty to grazing his
stock on government reserve without
having secured grazing license and
was fined $50 and costs.
On the same day George Mccarthy
of Clyde, Colorado, plead guilty to
maintaining an illegal enclosure on a
government reserve and was fined 1920
and costs and sentenced to two days
in Jail.
The former decision seems to con-
flict with recent decision which has
been given considerable publicity
throughout the state to the effect that
grazing fess cannot legally be col
lected. In order to show the attitude
of the department as we'll as the
courts upon this somewhat mooted
question the Post prints herewith an
article which includes a statement
upon this question from Mr.. Potter.
the grazing expert of the department
of forestry
Cheyenne Wyo., Nov 21.-Hon.
A. F. Potter, assistant chief of the
bureau of forestry. visited at the
headuarters of the National Wool
Growers association here today. He
is EN- route to Washington from Ogden
where he met with the stockmen and
discussed forest reserve conditions in
that state
Several meetings were held and the
sheep and cattlemen got together on
dividing lines and other matters in
controversy, so that when the forestry
department issues its regulations gov
erning the grazing Of livestock in the
Oregon reserves they will be satisfac
tory to both sheep and cattlemen, for
the regulations were outlined by As
sistant Chief Potter end they were
agreed to by the stockmen present be
fore he left Oregon.
Mr.. Potter says that gradually the
stockmen and bureau are coming to
understand each other better, and
with the result that there is less com
plant against the forestry regulations
than formerly.
In discussing the decision of the
Washington federal judge who held
that the bureau of regulations requir-
ing the payment of a fee for grazing
and the securing of a permit before
entering the reserves was unconstitu-
tional, MIR. Potter said the decision
did not surprise him, for similar
decision was rendered in California a
few years ago. Later, however,
another California federal judge held
that the rulings of the secretary of
agriculture regarding fees for and
grazing in the reserves were legal.
An Arizona Judge had also ruled that
the regulations are legal.
Mr.. Potter said his bureau is act
ing under instructions from the at
torney general who holds that the
regulations are legal, and he advises
the bureau to continue to enforce the
rules
The bureau is placed in a peculiar
position in this matter in that it can
not take an appeal to the supreme
court of the United States when de-
feated. as in the Matthews case in
the state of Washington recently. In
the event of the bureau winning the
case, the defendant stockman can
take an appeal, and until one does so,
the bureau and stock interests will not
know definitely what action the su
preme court of the United States will
take in the premises.
Mr.. Potter admitted that an effort
will be made at the next session of
congress to have the regulations of the
department, or rules that will give
the bureau the same latitude in ad
ministering the reserves. enacted into
law