, 1907-06-19

to it, and the legislation which was
proposed to carry it into effect.
Message from President.
On the 18th of February, 1907, the
president sent a message to congress
relating to the public land situation,
and among other things, he said:
Let me also again urge that legisla.
ton be passed to provide for the gov
eminent control of the public pasture
lands Of the e on the same general
principles which now apply in the gov
eminent control Of the forest reserves.
On the same date the agricultural
appropriation bill was reported to the
senate of the United States with an
amendment proposed by the senate
committee, the important feature OF
which was in the following language
The secretary of agriculture may
organize grazing districts and regulate
and control grazing upon the unap.
~propriated, u~nreserved lands of the
United States, under such rules and
regulations as he may prescribe; may
issue permits and grant leases for pc.
RODS o exceeding ten years, and
charge and collect reasonable fees for
grazing thereon"
This amendment, after some dis
cussion, went out on a point of order
but l assume that its advocates will
press it for consideration in the flu
ture.
Sweeping Grant of Arbitrary Power.
Whatever may be our views of the
propr1ety, or the wisdom, of this legis.
lation for government control o. the
range | think no one who has studied
it will deny that it proposes the most
tremendous and sweeping grant of arbi-
trary power and authority ever pro-
posed to be granted in time of peace
TO an executive officer of the govern
ment. The grant of authority propos.
ed is even more clear in character and
Wider In its scope than that exercised
by the secretary of agriculture over the
forest reserves, and it would affect ev-
cry acre of unappropriated, unreserved
public land without regard to where
situated, amounting to about $50, 700,
900 acres or an area equal to the en-.
tire surface of the states of Colorado,
Idaho, Wyoming, Utah, Nevada, Mon.
tana and Oregon besides all the terri
tory of Alaska.
Without Limit of Authority.
Certainly no n will attempt to de,
ny the extraordinary character of the
proposal or the radical departure it
contemplates from our past policy of
noninference with the use of the
grasses of the public domain. 1t NOT
only proposes making the government
a permanent landlord over all the pub.
lie domain, but municipal
right of sovereignty by the nation ov-
er all the western states, and places in
the hands of one mantle secretary
of agriculture or some one designated
by him-absolute control over the vast
estate thus created without limit to
his authority or appeal from his judg-
ment. | think l can truthfully say tina,
no such grant Of absolute power over
the use of SO vast An area of land has
ever been given, in time Of peace, in
any civilized country.
Every Grazer a Trespasser.
Should this proposed legislation be,
come law every person grazing stock
on any acre of the public lands-except
by direct permission of the secretary
of agriculture or his agents-would be
a trespasser and, of course, subject to
pains and penalties therefor. Under
legislation the secretary of agri.
culture would have the authority to
lease every acre of the public land to
one individual, Or he could refuse to
lease a single acre of public land to
any one. Under such a law the secre.
tary Of agriculture would have author.
ity to charge a grazing fee of any
amount for every domestic animal
grazed anywhere on any part of the
public domain by anybody, or he could
charge a grazing fee for the privilege
of grazing on the public lands in one
locality and not make any charge in
another.
Could Limit Number Of Head.
In carrying out the provisions OF
such a law the secretary of agriculture
could limit and control the number OF
domestic animals of each and every
kind; could say how many sheep, how
many cattle and how many horses
should Craze on all Of the public do
main, or any part of it, and could pro-
hibit the grazing of any particular
class or kind Of domestic animals on
any part of the public domain, or on
of the public domain.
1t has been well said that arbitrary
power exists nowhere in a republic,
but should this proposed legislation
be enacted we should, thereby, have
made a grant of arbitrary power cal.
culated to make the great man who
uttered tina impOrtant truth turn over
in his grave.
An Interesting Problem.
There has been much controversy as
to what policy would be adopted by the
officials who would, at the present
time, be charged with the responsible
ity of controlling grazing on the pup
lie domain, should such Legislation as
proposed be enacted. AS a practical
question affecting those who might
desire to Craze stock on the public
domain this is, no doubt, a very in.
teresting problem. But it is of alto
gether minor Importance compared
with the fact that under the proposed
legislation those in control, under it
could do as they pleased with no ap
peal, recourse or redress and no one
would have any legal right to Craze
stock anywhere on the public domain
except by virtue of the permission of o
bureau chief IN Washington.
Control Of Pasture Lands,
The president in his message to con
gress, which l have heretofore refer
red to, and which was delivered the
day that the proposed legislation wa.