The Glenwood post., 1907-03-30
LAW UpHOLDS
FORESTRY RULES
Secretary Wilson Gives History Of
Forestry Laws and Makes q
Good Case for Depart
meRt and Rules
2 WILL PROSECUTE TRtSpASSERS

The following letter from Secretary
James Wilson of the department of
agriculture and the letter of Senator
Fulton which called it forth are print
ed in full in order that the Post g
readers among the stockmen may
know and fully understand the atti-
tude of the government upon the mat
ter of the grazing permit system and
the purpose of the department in deal
ing with trespassers:
March IA, 1907.
The Editor, The Blue Mountain Amer
lean, Sumpter, Oregon.
Dear Sir My attention has been
called to letter from Senator Fulton
to J. D. Combs, dated February 4,
and published in your issue of Feb
ruary Is, and to your editorial com
ment upon it. The regulations for,
bidding grazing without permit on
the National forests were made under
and by authority of the act of June A,
1897 $50 Stat, 46, which provides
as follows:
"The secretary = may
make such rules and regulations as
will insure the objects of such reser
vations, namely. to regulate their oc
cnpancy and use and to preserve the
forests thereon from destruction; and
any violations of the provisions of
this act or such rules and regulations
shall be punished as is provided for in
the act of June A, 1888, amending sec
tion 1888 of the Revised Statutes of
: the United States.
The punishment provided for in the
act of June 4, 1888. above quoted, is
"a fine of not more than $500 or i'm
prisonment for not more than twelve
months. or both In the discretion of
the court" You will therefore see
that congress has specifically subject
ed to fine and Imprisonment any per
son who violates the regulations of the
secretary of agriculture made to pro-
tect the national forests. The con-
stitutionality of the provisions of this
statute. making violation of the reg
ulations crime. has been questioned.
fornia, Utah. and eastern Washing
ton have decided against its constitu
tionality. The supreme court of
Arizona, which is a co coordinate court
with the district courts just named.
has decided in favor of its constitu
tionality, but after the United States
circuit court of appeals at San Fran
cisco had decided for the constitution
ality of the statute in civil case the
district judge for northern California,
when new case was presented to
him, overruled his earlier decision,
and on October 2, 1906. imposed fines
upon the violators of the grazing reg
ulations.
The attorney general twice gave his
written opinion that the act is consti-
tutional, and suggested that criminal
prosecution for grazing trespass be
continued in all districts where no
decisions adverse to its constitution
ality have been made, in order that
some person convicted might appeal
to the higher courts and thus secure
final and authoritative decision of
the vexed question: for up to this time
the government has mad no right of
appeal in criminal cases. l am not
aware of any decision in the district
of Oregon against the ionality
of the statute, and am the refore in
duty bound to bring to the attention
of the department of justice grazing
trespasses committed in that state.
This is a sufficient answer to the state.
ment that there is no law making it a
crime for cattle to be driven upon a
national forest.
By an act approved March 2, 1907
the government is now authorized to
carry directly to the supreme court
any criminal case decioe ed against it
under certain circumstances. when the
ground of the decision is the invalid
ity or construction of the statute upon
which the indictment is founded.
This, for the first time, puts it IN
the power of the government to secure
from the supreme court a decision
of this question, and under the advice
of the attorney general above noted
forest officers will be instructed to be-
gin to make such arrests for grazing
trespass on the national forest as
may he necessary to secure final ad,
judication upon the validity of the
criminal provisions Of the act Of
June 4, 1897.