The new era. (Walden, Colo.) 1906-19??, 1908-02-27

decision. and this judgment is binding
upon all Federal Courts in the circuit
A similar case is pending in the U. s
Circuit Court for Colorado, which is il
the Sth Circuit.
Following is clipping from the Den
YER Record. Stockman showing the Other
side of the case:
''The decision of the U. S. Circuit
Court of Appeals in California in the
Thomas Shannon case is being worked
overtime by the forest service and there
is much confusion among the stockmen
because of the mistaken idea that this is
Supreme court decision. While there
was every reason to expect the affirma-
ton of the decision of the Montana court,
because Of the facts of the case. the de-
cision, copy of which has just reached
us, is remarkable in some ways.
The facts in the Shannon case are, brief
ly: Shannon owned 800 acres adjoining
forest reserve. There was sufficient
grass on the tract for fifty head of cattle
but there was no water. The evidence
showed that Shannon turned thirty head
upon the tract and then arranged the
fence on the side toward the reserve
so the cattle could get into the reserve.
The Court held that TO all intents and
purposes Shannon drove his cattle upon
the reserve. In the opinien of the Court
OF Appeals the court says:
"The appellant denies that he has at
any time driven his cattle upon the re-
serve and asserts that if they went there.
they did so of their own accord, tho re-
serve not being enclosed by the United
States and that he is not accountable for
the acts of his cattle in straying thereon.
We do not so regard the evidence, and
we think the injunction issued by the
court below may well be sustained on
the ground that the evidence shows that
the appellant drove his cattle upon the
reserve. His home ranch was some six
to ten miles distant from the 800 acres
inclosed near the reserve. He drove
large bands of cattle within the $50 acres
which was enclosed on three sides but
open on the side toward the reserve, and
left them there. OF course he knew
that they would not and could not re-
main within the inclosure, for there was
no water there nor sufficient pasture for
so large herd. They did as he evi-
i IDENTITY expected them to do. They went
through the convenient openings which
he had made in the fence for that pur
pose.
The only part of the decision that is
at all remarkable is the position taken
by the court that state has no right to
make police laws to operate over public
lands This is absolutely contrary to all
the decisions of the Supreme Court and
we do not think it is good law. The
Court says:
1.-THE state of Montana has no domin
ion over the public lands lying within its
borders, and no power to enact legisla-
tion directly or indirectly affecting the
same. 1t could not give to the people Of
tho state the right to pasture cattle on
the public domain or in any way use the
same. Its'own laws in regard to fenc-
ing and pasturing cattle at large must
be held to apply only to land subject to
its own dominion. The
rights given by the state statutes to the
subjects of the state extend only to the
lands of the state. They end at the Dor
ders of the government lands"
This opinion in effect denies the right
of the state to make police regulations
over public lands. The court bases its
opinion upon opinions Of the Supreme
Court denying the right of tho state tc
interfere with the government in "the
disposition of the public lands. The
denial Of the right of the state to exer
else police control over these lands is en-
tirely new and it is likely that such al
opinion can never be upheld in the Su
preme Court.
The only effect of this decision is te
make more necessary than ever the
trial of the Fred Light case. If this
opinion is allowed to stand. there are
two governments in Colorado, something
that was certainly never contemplated
by the constitution of the state or nation
The Shannon case was not fair cast
in any sense and was decided rightly un
der the law. The opinion of the court
can have no effect upon the Light case
which is entirely different and brings
the whole matter up in a very different
manner. Every effort is being made tc
induce the deI artment to withdraw its
opposition to the Light case and permit
the papers in the case to be completed
and fled The evident reluctance OF
the department. indicates its fear of the