The copper era., 1907-01-10
GRAZING FEES WILL BE
 COLLECTED ON RESERVES
Regulations UnmOdified by Recent De-
 ciSiOnS of Federal Judee.

A recent decision of federal judge has been widely commented upon throughout the west on the supposi- tion that it declared illegal the regu- lation of grazing on forest reserves and the system of charging for graz ing permits. As a matter of fact, the decision, which was handed down by Judge Whitson, of the United States district court for eastern Washington, in the case of the Unit ed States vs. Matthews, had no bear ing whatever upon the legality of the grazing regulations, or grazing fees, which stand precisely as before. The legal question involved was: Does the law authorizing the secretary of agriculture to issue regulations make the breach of those regulations a crime?
 Judge Whitson's decision merely answered this question "No." It was in substance that the objection to the indictment against Walter Matthews was the absence of a law defining the act therein charged as criminal of- fense. Upon that ground the court held that the demurrer must be sus- tained and the defendant discharged.
 Decisions like Judge Whitson's 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 insti- tute civil action against trespassers violating 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 Daster- vignes vs. United States, that the provisions of the act of March 4, 1897, delegating to the secretary the power to make regulations, is con- stitutional, that the regulation pro- hibiting the pasturing of sheep on forest reserves 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 (76 Pacific Reporter, 455), went still fur ther, under circumstances which made the decision most emphatic. Dent was criminally prosecuted for grazing sheep on a forest reserve without permit, in violation of the regulations, and the court had held that his act was not crime: but as soon as the Dasteryignes case was decided tor the government the Ari- zona court granted a rehearing of the Dent case and held that the Das- tervignes decision was. binding on all courts in the ninth circuit in crimi- nal as well as civil cases, and that Dent was therefore guilty of a crime.
 So far, therefore, the court de- cisions as to the crimiuality of tres. pass contrary to the forest-reserve regulations are conflicting. Final adjudication of the point can not be had until the ruling of higher court has been secured; but no court has questioned the right of the secretary of agriculture to make regulations and to recover damages for trespas; through civil action.
 Grazing trespassers will be re strained from violation of the regu lations by injunction proceeding: and sued for civil damages until the higher courts shall have reached . decision as to the criminal charactel of such trespasses. The fores service will continue to exclude uu permitted stock from all forest re serves and to collect grazing fees fo I H.