Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1907-04-06
GRAZING ON FOREST RBsER Es.

The Editor,
The Blue Mountain American,
Sumpter, Oregon.
Dear Sir: My attention has been
called to a letter from Senator Fulton tc
j. ID. Combs, dated February 4, and pub
lished in your issue of February 10, and
to your editorial comment upon it. The
regulations forbidding grazing without
permit on the National forests were
made under and by authority of the act
of June 4, 1897 go Stat, "a 36), which
provides as follows;
The Secretary may make
such rules and regulations as will insure
the objects Of such reservations, namely
to regulate their occupancy and use and
to preserve the forests thereon from de.
struc,ion; and any violations of the pro.
visions of this act or such rules and
regulations shall be punished as is pro
vlded for in the act of June 4, 1888
amending Section 1888 of the Revised
Statutes of the United States"
The punishment provided for in the
act of June A, 1888, above quoted, is "a
fine of not more than $500" or impris-
onment "for not more than twelve
months, or both in the discretion of the
court" You will therefore see that
Congress has specifically subjected to
fine and imprisonment any person who
violates the regulations of the Secretary
of Agriculture made to protect the Ma
tional forests. The constitutionality of
the provisions Of this statute, making
violation of the regulations a crime, has
been questioned The district courts of
southern California Utah, and eastern
Washington have decided against it's
constitutionality. The Supreme Court
of Arizona, which is coordinate court
with the district courts just named, has
decided in favor of its constitutionality,
but after the United States Circuit Court
Of Appeals at San Francisco had decd
ed for the constitutionality of the stat.
ute in civil case the District Judge for
northern California, when new case
was presented to HIM, overrued his ear
lier decision, and on October 2, 1906
imposed fines upon the violators of the
grazing regulations.
The Attorney. General twice gave his
written opinion that the act is constitu-
tiOnal, and suggested that criminal pros
eCution for grazing trespass be continu.
ed in all districts where no decisions
adverse to its consttutionality have
convicted might appeal to the higher
courts and thus secure a final and au-
thoritative decision of the vexed ques-
ton, for up to this time the Govern.
ment has had DO right of appeal in
criminal cases am not aware of any
decision in the District of Oregon
against the constitutionality of the stat
ute, and am therefore in duty bound to
! hYiprr tp fhA of nf fhn nanort-
ment of Justice grazing trespasses com
mitted in that State This is a sufiici-
ent answer to the statement that there
is no law making it 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 Grim
! inal case decided against it under Ger.
tain circumstances, when the ground of
the decision is the invalidity or con-
struction 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 decision of this question, and
under the advice of the Attorney-Gen-
era above noted forest officers viii! be
instructed to begin TO make such arrests
ests as may he necessary to secure a fin
al adjudication upon the validity of the
criminal provisions of the act of June 4,
1897.
l have no desire to do anything in
| this matter other than the duty impos-
ed upon me by Congress and my official
oath ! have acted throughout in ac-
cordance with the advice of the Attor-
| I uoS bppuI to dn apI
will continue to so act ! am sensible
Of the wisdom and moderation of your
| editorial comment upon this matter, and
thank you for the public service you
have rendered in making it.
Very truly yours,
JAMES WILSON,
Secretary.
The letter from Senator Fulton referr-
ed to by the Secretary and printed in
The Blue Mountain American, was as
follows:
WAsHrNGroN, D. c., Feb. 4, 1907.
! Mr.. j. ID. COMBS,
John Day, Greg.
Ny DEAR MIR. COMBS: / have your
letter of the 2Sth ultimo. l, as you
probably are aware, have been opposed
to the management the forest reserves
in the manner it is being conducted and
have tried to get some backing from the
stock organizations; bat every time MIR.
Pinchot goes out and meets the stock
growers they seem to indorse his plans.
Now, had there been the right sort of
cam paign made by the stockmen against
charging for pasturage in the forest re-
serves that policy would have been de-
! feated.
| | went ont against it at once, but
could not get the stockmen to back
me ur However, it may be that this
policy serves their interest the best
Now, so far as the forestry officials
not permitting you to turn your stock
ont or TO enter upon the forest reserves
before June or any other time is con-
cerned, that is all nonsense There is
no law against turning stock on reserv-
es at any time. The only thing they
could do would be to drive them off.
III were living right adjacent to re-
serve, should not hesitate to turn my
cattle out at any time and let them go
on the reserve; and if they should go
en- the reserve, it would be no ofiense
against the law. IN other words, there
is no law making it crime for cattle
to be turned out in the vicinity OF, or
indeed to be driven upon, forest re-
serve.
lfany official tells YOU that he Will
have you arrested il your stock is turn
ed cut or goes upon the reserves, / wish
YOU would give me his name and posi-
ton. He is simply telling you a false
hood and probably know it. You tell
the people that they need have no fear
lot 81 Oh. th hat Gfnnk ont that
there is no law against it, even though
the stock do 90 upon the reserves. Of
course the forest rangers can drive the
stock off the reserve, but that is all they
can do. They can Lot arrest the stock,
impound them, or charge the owner
anything because of their being on the
.o.ou, Az ,Iry can do ia IN driye