The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1908-05-14
Decision Sustains Grazing Regulations.

The Government has just won it's
sixth important case concerning the va
lidity of the regulations made by the
Secretary of Agriculture to control
grazing in the National Forests. In
the United States court at Denver, Col
orado, Judge Robert e. Lewis has over
ruled the demurrer of Fred Light,
wealthy stockman of Pitkin county,
Colorado, which contends that the
grazing regulations in force on the
National Forests wac unconstitutional.
The whole case revolves around the
contention raised by some Colorado
stoekmen that the Government is no
more than private land Cwner in the
matter of state fence laws. A number
Of states have fence laws which make it
impossible for private person to col
lect fees or damages from owners of
stock which stray upon his land unless
thh land is fenced. The National For
ests are not fenced and on this the stock.
men based their refusal to pay grazing
fees.
A friendly suit to test the regulations
OF the Secretary of Agricultural prohib-
lting the drifting of stock upon the for
est. At the Public Lands convention
in Denver last June the forest officers
and representatives of the Colorado
Cattle and Horse Growers Association,
of which Mr.. Light is member agreed
to friendly suit. The case is practical
ly the same as the famous Shannon case
in Montana, in which the grazing reg
ulations were upheld.
| The decision OF Judge Hunt In this
Montana case was affirmed by the
United States Circuit Court Of Appeals
at the ninth circuit sitting at San Fran
cisco on February g. this year. THAI
decision stated without qualification
that the grazing regulations are season
able and valid and that the state land
laws do not apply to the National For
ests and therefore. the drifting of stocl
uPOu tuO l. oICou0 III flOlduIOU vi Tue To&
ulation is trespassing, notwithstandin,
the state law.
The Light decision simply afflrms tn
, same principle in another jurisdiction
The attorneys for Mr. Light, under tn
agreement made before the trial ar
I bound not to dispute the facts, but viii
probably appeal the legal question TO
decision by the Circuit Court OF APP
peals at St. Louis, Eventually it viii
be carried up to the Supreme Court.
The other suits attacking the grazing
regulations won by the Government ar
the following cases: the United State
versus Shannon, Montana; the United
States versus Bale, South Dakota; thu
United States versus DeRuirre, North
can California: the United States versus
Domingo. Idaho; the United States YER
aus Dent, Arizona.
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The pains In the side around the region
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Take Kodol now and until you know
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ided after you have usF I'd Kodol for |
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