Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-18
RESERVE DECISION.
CHIEF Forester pincbot Calls Attention
To Ono Recently Made In California.
speclal correspondence.

Special Correspondence.
Washington, d, &C., March Ia
Chief Forester Plnchot today issued
the following statement which wiIl
be read vita interest by persons re-
siding within tbe vicinity Of national
forest reserves In Utah and especially
such as have occasion to Craze THEN
flocks or herds in forest reserves
Word has just been received by this
forest service of an important decision
made by Judge DeIIAven OF the north
ern district of California, ia October
1906 concerning the cOnstitutionality
of the act under which grazing with
out permit on forest reserves (hence-
forth to be known as National For
ests') is held criminal o1fense This
decision In some awy failed to be re-
ported to the forest service and has not
been reported in the law reports. so
that the service and the department of
iustlc have acted during the winter IN
ignorance OF the fact chat another ads
vance has been made toward clearing
up a mach disputed question. The de-
cislop OF Judge WhitsOn, of the United
States district court of the eastern dis
trlct Of Washington, was widely quoted
throughout the west last fail, and
widely nMsnterpreted as meaning
decision TO the effect that the require
ment of permit for grazing stock on
national forests was unwafranted by
law. In fact. Judge Whltson's decision
was merely that a person who violated
the regulations of the secretary of ag-
riculture controlling grazing was not
guilty OF crime, that he was tres
passer and liable to damages under
civil action has never been questioned
by amy court.
The Importance of the decision of
Judge DeIfayen lies in the fact that II
overrules a decision TO the contrary
which he himself had previously MAIDS
He was led 10 take this action in view
OF the decision of the United States
circuit court of appeals at San Fran
cisco In 1903 In the case of Dastervignes
against the United States {122 Fed. Rep.
30) in which that court affirmed de-
cree granting an injunction to prevent
unperrnitted grazing. The supreme
court OF Arizona court coordinate
with the district courts also held the
statute making unperrnitted grazing
criminal offense, in the case OF Dent
against United States as Pac. Rep.
455). On the other hand. the district
courts of Utah and southern California
have ruled against the constitutional
ity OF the criminal provisions Of the
statute.
The act past by Congress at it's last
session, providing for an appeal by the
government in certain instances when
a case Is decided adversely to IT, Will
make 1t possible to get a decision from
the supreme court OF the United
States ON a test case at mn early date
thus securing final adJudi cation of this
vexed question. Judge DeHaven's last
decision adds weight to the authority
in support of the contention of the
government thar prosecutions as wen
those who Craze stock on the national
those who Craze stock on the national
forests in violation Of the regulations,
We have just received a new sup
ply OF fancy wedding stationery. Call
and see samples.
THE DESERETe NEWS