Gunnison news-champion., 1908-02-21
u ~ - - Z. ~

The Denver Record -Stockman says
further in regard TO the grazing tax.
The Supreme Court of the United
States has recently decided in the
Williamson case from Oregon, that
. department officer cannot make a
reGSIstion the violstion of which
will b q misdeNeanor punishable
BY Gse and imprisonment; that only
Coasres~ con make such laws. This
finally disposes Of the idea of the
fossst service that they can throw
csttls owner in Jail because his cat
Tie may have drifted upon a forest
reserve.
Tho only authority the forest re-
serve administration has for de-
msndine grazing fees from the
stock men Of the forest reserves, 10 =
rsle Of the Secretary of Agriculture,
clsissed to have been made by virtue
Il . clssss of the forest reserve oct,
ssthnrizisg the Secretary Of Agri-
cuhure 10 make such rulos snd raR-
slstions - may be necessary 70 pro-
tsCt the reserve. A mstter~ now
sand should . csttleMan, rosidinG
near . reserve turn his cattle out -
Usual upon the public common to
gsase and they should drift spon .
tosest reserve, the remedy at Law left
70 the department is to bring suit
lor damages against the owner Of
tAs cattle. This 10 exactly the kind
Of . ssit proposed in the Fred Light
case and the evident reluctance of
tAe department to bring the ssit in
dicsses their knowledge OF the prob
ability that they will lose. And in
the Light case it is not proposed to
tsst the question of damage, only
the right Of the department to make
. rule or regulation contrary to the
state law. To prove that because q
COW paid fee for grazing it caused
no damage while the COW that did
not pay for the privilege did cause
damage to the reserve, would be
pretty hard even for Mr.. Pinchot.
Colorado cattlemen want what is
right aud fair. The present policy
of demanding fees from a catt!eman
because his cattle might stray upon
. reserve, savors too much Of black
mail to ever be popular. Many have
paid the fee simply to buy immuni-
ty from arrest. To those We can
state that they need no longer fear
arrest, even though their cattle stray
upon a reserve. Some have paid
the fee because it Las bought them
immunity from predatory sheep and
Others would rather pay than have
trouble. These will probably think
they have had value received and
will continue to do as they have in
the past.
As far as the legal right of the
forest reserve administration to de.
mand and collect the fees arc con.
cerned, it 10 a matter to be determ.
ined by the court. The state a.so.
citation of eattlemen by advice of its
attorneys, has declared its opposi.
ton to the system and its belief tha,
the administration has no legal
right to demand or collect such fees
IL is bending every effort to have
the matter determined in court aro
until the court hands down a deci
sion, We can only advise the cattle
men of the situation as it exists
Each individual must do as he think.
best and as his local situation de
mands, as to whether he paws The
fee or refuses. 1t is our opinion
however, based upon the best lega
advice, that the man who refuses tc
pay need fear no action on tho par
of the administration that will in
juno him. Any threats from tn,
forest officers may be disregarded OF
reporfed to the state assrciafior