Rogue River courier. (Grants Pass, Or.) 1886-1927, 1907-01-18
DECISION ON GRAZING
ON FOREST RESERVES
Depa rtment Claims Press Re.
ports Misconstrued Judge
Wilson's Decision.

judge has been widely commented up.
on throughout the West on the sup
position that it declared illegal the
regulation of grazing on forest re-
serves and the system of charging
for grazing permits. AS a matter of
fact the decision which was handed
down by Judge Whitson of the United
S tates District Court for eastern
Washington in the case of the United
States VS.. Mathews has no bearing
whatever 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
Secretary Of Agriculture to issue
regulations make the breach Of those
regulations crime?
Judge Whitson's decision merely
answered this question mo" It
was in substance that the objection to
the indictment against Walter
Mathews was the absence of q law
defining the act therein charged as q
criminal offense. Upon that ground
the court held that the demurrer must
be sustained and the defendant dis
charged.
Though the point was simple and
clear enough, it was entirely mis-.
construed in the press reports of the
decision and in editorial comments
upon it. For instance, in the
Wyoming Tribune of Tuesday, No
vember s. news of Judge Whitson's
action was given underline headlines: !:
Grazing Fees Illegal Decides Federal
Judge" and the article declares that
"As result of the decision.
Mathews. who entered the Mount
Rainier Forest Reserve without the
permit required by the secretary, is
still using the reserve and 10 not pay.
ing the fee imposed by the secretary. +"
As matter Of fact, Mr.. Mathews
sheep were Immediately removed up.
on notice by the forest officers and
have not since entered the reserve.
In the Sheridan, Wyo., Post it is
said: "a decision frsugbt with i'm
portsnce to Wyoming stockmen is that
appearing in this issue, wherein it is
held by the United States District
Court that the collection 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 without paying the
fees.
Decisions like Judge Whitson 8 had
before been made by the Federal
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 Ap.
peals 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
regulations, is constitutional, that
the regulation prohibiting the paslur-
ing OF sheep on forest reserves with.
out a permit is valid, and that the
Federal courts will enforce the regu.
lstion by injunction. The supreme
court Of Arizona, three judges sit
ting, in the case of Dent VS.. United
states( rs Pacific Reporter, 455). went
still further, under circumstances
which made the decision most en-
phatic. Dent was criminslly prose
outed for grazing sheep on forest re-
serve without permit, in violation
Of the regulations, aud the court had
held that his act was not a crime but
as soon as the Dsstervignes case was
decided for the Government the
Arizona court granted a rehearing OF
the Dent case and held that the
Dastervignes decision was binding on
all courts in the Ninth Circuit in
criminal as. we'll as civil cases, and
that Dent was therefore guilty Of 9
crime.
So far, therefore, the court decis
ions as to the oriminality of trespas.
contrary to the forest reserve regula
tions are conflicting.
Final adjudication on the poin
can not.Ibe had until the ruling O
higher.cour has BEEN -secured .'bp