The new era. (Walden, Colo.) 1906-19??, 1908-02-20
GOVERNMENT
LAND RIGHTS
IMPORTANT DECISION BY UNITED
STATES CIRCUIT COURT
OF APPEALS.
CONTROL OF RESERVES
COURT UPHoLDS FULL FEDERAL
CONTROL OF ALL LAND
RESERVES.

Denver.-Word was received Tues
day by United States District Attorney
Earl Cranston that the United States
Circuit Court Of Appeals had handed
down decision unfolding the United
States government in regards to the
right of ranchers and cattlemen to
run their stock upon the forest re-
serves without permit. The de-
cision reverses the decision of the
District Court Of Montana where the
case was first tried. 1t now means
that for final decision on the points in
volved the case must be decided by
the Supreme Court of the United
States. The decision gives the govern
ment officials much encouragement. 1t
involves points that have never been
definitely settled and just those points
that have caused SO much agitation in
the different cattle conventions OF re-
cent years.
The United States district attorney
received 4 telegram of one short line
that told the story which Is of SO
to the government regulation of the
public lands and those favoring the
government policy. There will never
be entire satisfaction to all concerned
until the question of whether or not
the government has the right to de-
mand that man keep his cattle off of
the reserves is settled by the court Of
last resort.
The case decided was that Of
Thomas Shannon vs.. The United
States in the United States Circuit
Court Of Appeals for the ninth circuit.
1t seems that Shannon, q ranchman
and cattle owner of Montana, allowed
his cattle to stray upon the Little Belt
Mountains Forest reserve without a
permit. He was ordered several times
to drive his cattle from the reserve.
which he did, but he would again al
low them to drift back. A temporary
injunction was given the government
restraining him. which he ignored, al
lowing his cattle, some 800 head, to
Craze as usual.
When suit was brought against him
he contended that If the government
wished his cattle off the reserve it was
their place to drive them off. Mon
tana, the same as most all other West
ern states, has fence law which pro-
vided that II any land holder desires
to keep another's live stock from tres
passing on his land they must build
and maintain lawful fence; other
wise they cannot collect damages to
their land or crops. Shannon con-
tended that the government should
fence the reserve or patrol 1t.
The government contends that
power is delegated the department to
run and regulate lands set aside for
any purpose whatsoever, In any man.
ner that the department may see fit.
The lower court upheld the contentious
of Mr.. Shannon and an appeal Was
taken to the United States Circuit
Court which reverses the decision of
the lower court.
If the decision rendered Tuesday is
upheld by the Supreme Court 1t means
that the state laws will have no effect
upon the department rulings regulat-
ing forest reserves. There are sew
eral Colorado cases similar to the case
Of Mr.. Shannon, and they have been
waiting until the Shannon cases could
be settled. They will now be pushed.
One of these cases is the case against
Fred Light Of Basalt Mr.. Light is
backed by the Colorado Cattle & Horse
Growers Association. 1t is friendly
contest to ascertain the powers Of the
forest service In this matter. In
Lights case the question of whether
or not the government has a right to
tax the cattle that run on the reserve
will be decided. Whatever the de-
cisions Of the lower court may be this
case will be taken to the Supreme
Court for final settlement. g.