Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-04-05

Now, so far as the forestry official
mot permitting you to turn your stool
out or to enter upon the forest re
serves before June or any other tim,
is concerned, that is all nonsense
There is no law against turning stool
on reserves at any time. The onl,
thing they could do would be to driy,
them off.
If / were living right adjacent to g
reserve, l should not hesitate to turr
| my cattle out at any time and let then
go on the reserve, it would be no Of
Tense against the law In other words
there is no law making it a crime for
cattle to be turned out in the vicinity
of, or indeed to be driven upon, a. for
est reserve.
IF any official tells you that he will
have you arrested IL your stock ia
turned out or goes upon the reserves. |
wish you would give me his name and
position. He is simply telling you a
falsehood and probably knows It. You
tell the people that they need have
no fear at all about turning their
stock out; that there is no law against
1t, even though the stock do go upon
the reserves. OF course the forest
rangers. can drive the stock Off the "a.
serve, but that is all they can do. They
cannot arrest the stock, impound theRn.
or charge the owner anything because
OF their being on the reserve. All they
can do is to drive them off.
sincerely yours,
&C. W. FULTON"
In reply to this letter Of Senator
Fulton, Secretary Wilson wrote to the
Blue Mouptain American of Sumpter,
Ore, which had made public the Full
ton letter.. a letter covering the case
very fully. Part Of the letter is here
given:
The regulations forbid.
ding grazing without a permit on the
national forests were made under and
by authority of the act of June
1879, (So State, S4-36), which provides
as follows:
The secretary NAV make
such rules and regulations as will in
sure the objects of such reservations
namely, to regulate their occupancy
and use and to preserve the forests
hereon from destruction; any VIOLA
ions of the provisions of this act or
'uch rules and regulations shall be
punished as is provided for in the act
# June a. 1888, amending section
1888 of the revised statutes of the
United States
"The punishment provided for in the
ct OF June 4, 1888, above quoted, is
fine of not more than $500, or i'm
'risonment for. not more than 10 |
months, or both in the discretion of |
he court You will therefore see that |
ongress has specifically subjected to |
ne and imprisonment any person who |
lolates the regulations of the secre-
airy of agriculture made to protect the
ational forests.
ttorney General Suggests Prosecution
The attorney general twice gave his
'ritten opinion that the act is consti-
1llonal, and suggested that criminal
rosecution for grazing trespass be
ontinued In all districts where no de-
sions adverse to it's constitutionalitv
ave been made, in order that some
erson convicted might appeal to the
lgher courts and thus secure a final
I'd authoritative decision of the vexed
lestion, for up to this time the gov
'nment has had no right to appeal
criminal cases. I am not aware OF
~ decision in the district of Oregon
sainst the constitutionality of the
atute, and am therefore In duty
'und to bring the attention of the
apartment Of justice grazing tres
Uses committed in that state. This
sufficient answer to the statement
at there is no law making it a crime
cattle to be driven upon a national
rest
BY an act approved March 2, 1907.
government is now authorized to
Try directly to the supreme court
y criminal case decided against Il
der certain circumstances, when the
ound of the decision is the invalidity
construction Of the statute upon
lich the indictment is founded. This,
the first time, puts It in the power
the government to secure from the |
preme court decision Of this ques-
n. and under the advice of the at
ney general above noted forest on
3 will be instructed to begin to n
Ike such arrests for grazing trespass
the national forests as may be nec-
airy to secure a final adjudication
On the validity Of the criminal pro- 4,
ions Of the act OF Tune 4, 1897. ot
have no desire to do anything IN ID