Rocky Ford enterprise., 1907-06-28
TEST TAX RIGHT
FORESTER PiNcHor WILL BRING
SUIT TO SETTLE iMPoR
TANr QUESTION.
LAND CONVENTION RESULTS
Western Land Meeting Ends After ,
Very Profitable Session Last.
Ing Three Days.


iubiiant over one result Of the public
lands convention which. in fact. Is the
principal result ;hey have been striv-
ing for. to take into court the claiEi
made by the oppcsers Of the govern
ment poiicy-the claim that the sd'
ministration is acting without the law.
Chief Forester Pinchot has AT last
agreed To bring n suit against one Of
the members of the association. and
has agreed that Il shall be carried To
the Supreme Court. To test the position
Of the department n regard TO the con
stitutionaiity OF the regulations which
force non.userH OF the forest reserves
To pay the grazing tax because Iheir
cattle might drift upon the reserves.
Fred Light OF Aspen has agreed to
be the victim. and suit In Injunction
will be brought immediately In the
United States District Court by the
Forestry Bureau against Light. II will
bs defended by The Colorado Cattle
and Horse Growv,s' Association 10
conjunction with the State Stock In
spection Board. 10th sides agree To
carry the case through to the Supreme
Court Of the United States. no matter
what the verdict .Iay be In the lower
courts.
Under the regulations Of the forest
service n cattle ,,i III upon n reserve
the owner Is liable to prosecution for
trespaxs and criminal prosecution. un.
der the state law stockmcn may PEI.
nit their stock to run at large upon
the public domain. and II they drtft
upon unfcnccd innd' Il does not con'
stituic trcspaSs. In other words. prt
yato land owners are compelled In
fence the stock on their lands. The
government takes the position that.
Notwithstanding the state law. the
government does not have to fence.
but can keep the stock OF the reserves
whit n rule or regulation. the viola.
ton Of which is a criminal oficnsc. II
the position Of the department II
maintained the state law In nullificd
the position of the department 10
right or sovereignty OF the state and
makes this question Of the right Of
the state under the constitution.
Last January the state association
arranged to defend the case Of Andrew
Norrcll Of North park. whose cattle
had driftcd upon the reserve and who
had been Indicted at the bchcst Of tho
forest service. When Pinchot dIscov
cred that II was the intention Of the
state association and the Stock Inspec
tion Board to defend the case. hi
caused the district attorney. Grams
ton, to have II dismissed. notwith.
standing the protest OF the cattlcmcn
who wanted to test their rights In
court. This was one Of the principal
causes leading up ." the holding Of tho
public lands convention.
Wednesday night the executive com
- a. c. tail knt a.
special meeting at the Albany hotel
and appointed y committee to walt
upon Pinchot and make the request
that he bring case against Fred
Light Of Aspen. president Of the Roar
Ing Fork and Eagle River Stock Grow.
crs' Association. The committee con
sisted Of A. n. Ammons. 7. s. Harper
and Fred p. Johnson. The matter was
presented to Pinchot ut the convention
Thursday. He took II under advise
ment and yesterday A. +. Potter. the
chief grazing Inspector. with Attor.
neys Wells and Knox OF the Depart.
ment OF Justice. met with Light,
Johnson and Thomas Ward & Bro. at
torneys for the Colorado association,
and the State Stock Inspection Board
and an agreement was made to bring
the suit in Injunction. Papers are be.
ing prepared and will be filed at once.
The government practically agrees to
avoid other conflict on this question
while suit is pending and the state
agreeS in case the decision Of the
court is against It, to withdraw further
opposition.
This suit promises to bring up the
whole forest reserve proposition In n
manner that will test the constitutional
t.tU pft hn OF fap In fhprafn
Light has a large ranch on Snow
mass creek, near Aspen, in Pitkin
county. His ranch is two miles from
the Holy Cross reserve in one direc-
tion and nine miles in the other. He
turns his cattle out upon the public
domain and they must drift at least
four miles to get upon the reserve. The
forest service recently sent him let.
ter notifying him that number Of
his cattle were upon the reserve, and
that unless he at once secured per.
nit and and paid the tax he would be
liable to prosecution for tresspass and
misdemeanor. He was given until
June Gath to settle. Potter yesterday
gave orders to the forest supervisor to
let Light alone and his case will 60 to
the courts.
Light is one of the few stockmen
who signed the agreement last spring
to refuse to take out a permit for his
cattle who has stood pat. The rest
have yielded to government threats
and have complied with the regula,
tions.
"It has been rood thing" said for
mer Governor L. bradford Prime :. one
OF the last Of the land convention dele
gates to leave, as ne was bound for the
station to return to his New Mexico
home. II feel that a better under
standing has been arrived at all
around. ..'
This seemed to be the general feel
ing Of all the delegates. great and
small. as they reviewed the work of
the great gathering. The big guns"