The Elbert County tribune., 1907-06-27
TEST TAX RIGHT
FORESTER PINcHoT WILL BRING
SUIT TO SETTLE iMPoR-
TANT QUESTION.
LAND CONVENTION RESULTS
Western Land Meeting Ends After
Very Profitable Session Last
Inq Three Days.

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 Pjnchot has at last
agreed to bring suit against one OF
the members of the association, and
has agreed that II shall be 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 s. Association in
conjunction with the State Stock In.
spection Board. Both sides agree to 4
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 IL cattle drift upon reserve
the owner is liable to prosecution for
trespass and criminal prosecution. Un-
der the state law stockmen may per-
NIT their stock to run at large upon
the public domain, and II they drift
upon unfenced land it 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 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 question of the right OF
the state under the constitution.
Last January the state association
arranged to defend the case of Andrew
Norrell of North park, whose cattle
had drifted upon the reserve and who
had been indicted at the behest of the
forest service When Pinchot discov
cred that it was the intention of the
state association and the Stock Inspec
ton Board to defend the case, he
caused the district attorney, Grams.
ton, to have it dismissed, notwith-
standing the protest of the cattlemen
who wanted to test their rights in
court. This was one of the principal
causes leading up to 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 wait
upon Pinchot and make the request
that he bring a case against Fred
Light of Aspen. president of the Roar
ing Fork and Eagle River Stock Grow.
ers' Association. The committee con.
sisted of A. NJ. Ammons, T. S. Harper
and Fred p Johnson. The matter was
presented to Pinchot at the convention
Thursday. He took it under advise.
ment and yesterday A. F. 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
manner that will test the constitutional
rights of the states in regard thereto.
Light has a large ranch on Snow
mass creek, near Aspen, in Pitltin
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 thpv rpuct drift laoct
four miles to get upon the reserve The
forest service recently sent him let. (.
ter notifying him that a number of
his cattle were upon the reserve, and
that unless he at once secured a per-
init 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 go 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.
1T has been rood thing" said for
mer Governor l.. Bradford Primo ,, 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. Il feel that 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"
had their say inns diately after the
convention had convened and now the
little fellows" are going back to their
homes to tell their friends what was
|