The state herald., 1907-06-28
TEST TAX RIGHT
FORESTER PlNcHoT WILL BRING
SUIT TO SETTLE lMPOR.
TANT QUESTION:.
LAND CONVENTION RESULTS
Western Land Meeting Ends After a
Very Profitable Session Last
inp Three DAYS.


Denver-Colorad cattlemen are
Jubilant over one result of the public
lands convention which. in fact, is the
principal result they have been striv-
ing for, to take into court the claim
made by the opposers Of the govern
ment policy-the claim that the ad-
ministration is acting without the law.
Chief Forester Pinchot has at last
agreed to bring u suit against one of
the members of the association. and
has agreed that II shall he carried to
the Supreme Court, TO test the position
of the department IN regard to the con
stitutionality of the regulations which
force non-users of the forest reserves
to pay the grazing tax because their
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. 1t will
be defended by the Colorado Cattle
and Horse Growers Association In
conjunction with the State Stock In
spection Board Both sides agree to
carry the case through to the Supreme
Court of the United States. no matter
what the verdict ,hay be In the lower
courts.
Under the regulations Of the forest
service IL cattle diff upon reserve
the owner is liable TO prosecution for
trespass and criminal prosecution. Ua'
der the state law stockmen may per.
init their stock to run at large upon
the public domain, and If they drift
upon unfenced land II does not con.
stitute trespass. In other words, pri.
vate land owners are compelled To
fence the stock Off their lands. The
government takes the position that,
Notwithstanding the state law, the
government does not have to fence.
but can keep the stock off the reserves
whit a rule or regulation. the viola.
ton of which is a criminal offense. II
the position of the department Is
maintained the state law is nullifed
the position of the department is
right or sovereignty of the state and
makes this n question Of the right OF
the state under the constitution.
Last January fhe state association
arranged 10 defend the case of Andrew
Norrell Of North park, whose cattle
had drifted upon the reserve and whc
had been indicted at the behest OF the
forest service. When Pinchot discov
cred that II was the intention of the
state association and the Stock lnspec
tion Board to defend the case, he
caused the district attorney. Grams.
ton. to have II dismissed, notwith.
standing the protest OF the cattlemen
who wanted to test their rights In
court. This was one Of the principal
causes leading mp io the holding Of the
public lands convention.
Wednesday night the executive com.
mittee OF the State Association held
special meeting AT the Albany hotel
and appointed = committee to walt
upon Pinchot and make the reques,
that he bring a case against Fred
Light Of Aspen. pf, sldcnt OF the Roar
ing Fork and Eagle River Stock Grow
ers' Association. The committee con
sisted OF A. NJ. Ammnns. r. s. Harper
and Fred y. Johnson. The matter was
presented to Pinchot at the convention
Thursdays 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 a Bro. at
torncys 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 ease the decision Of the
court is against It. to withdraw further
opposition.
This suit promises TO bring up the
whole forest reserve proposition In q
manner that will test the constitutional
rights Of the states In regard thereto
Light has large ranch ON Snow.
mass creek. near Aspen, In Pltldn
county, His ranch In two miles from
the Holy Cross reserve IN one dircc.
lion and nine miles In the other, lie
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 lot.
ter notifying him that number OF
bis cattle were upon the reserve. and
that unless he nj once secured n per.
init and ana paid the tax he would be
liable to prosecution for treaspass and
misdemoanor. He was given until
June cath TO settle. Potter yesterday
gave orders To the forest supervisor 10
let Light alon. ana his ease will 20 to
the courts.
Light IN one Of the few siochmen
who signed the agreement last spring
10 refus" 10 take oUt permi, for his
cn,tl. who has stood pat The tcs,
have yielded 10 government threats
and have complied with tho rcgula
tiona.
~ has been rood thing" said for.
mer Governor H. bradford pfin, 3, one
of the last of the land convention dele.
gates 10 leave. as ne was bound for the
station " return tu his New Mexico
home. y feel that better und,%-
standing has been arrived at all
around.
This seemed TO b, the general feel.
lng Of all the delegates, great and
small, M they reviewed the work of
the great gathering. The big guns"
had their say imns dlaialy after tho