Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-06-21
THE FOREST SERVICE
EXPLAINS ACTION
Takes Occasion TO Correct Pre-
vaIent misunderstanding as to
Causes of Dismissal of Viola
tors of Grazing Law
eForcst service BulletinD

by Judge Wclborn, Of the United
states district court for the southern
district Of California. northern divi-
sion. in dismissing indictments against
shree sheepmen, Cazajous. Grimaud.
and linda. charged with having unlaW-
fully grazed sheep without a grazing
permit upon a National Forest, has
led Acting District Forester Hatton ot
san Francisco To send to All Forest SUI
pervisors in California a letter eN-
planning the situation in the follow
ing passages;
I'm connection with this ease my
attention has been called to "A neWs-
paper clipping referring to Judge
Wellborn's decision as follows. This
decision means. in effect, that from
this time on there Will be no r%cstric-
ton Of The grazing which may he done
in the hills, a matter of great interest
20 those who have herds ana flocks n
the mountains
another statement which appears
in the clipping is as follows; Grazing
win be permitted ad lihitum on FOR
est reserves until congress can en-
act new laws to cover the situation,
THE language above quoted indi-
Gates an entirely conception
of the effect Of Judge W-llhorn's de-
cision. Judge Wcnhorn did not ques-
tion the right Of the secretary of ag-
riculture to control grazing upon the
national forests, nor his right to pro-
hibit any unpermitted grazing.
After setting forth that the author
ity of the secretary of agriculture to
prohibit grazing without a permit had
been expressly upheld by the Emitted
States circuit court Of appeals in the
shannon and Dastervienes cases, Mr..
Hatton's letter continues:
"The authority of those decisions
vas expressly recognized by Judge
Wellborn. Those cases We're, however,
civil cases in which the United states
was granted injunctions restraining
the defendants from trcspass
upon forest reservations, while the
cases of Cazaious, Grimaud. and INDIA
decided by Judge Wellborn at Fresno
were criminal prosecutions.
Judge Wcllborn held that while
the secretary of agriculture has full
authority under existing laws of con
gross to promulgate regulations pro-
hibiting grazing upon national forests
except under permit, and while the
forests can be protected against any
violation Of such regulations, by the
bringing Of civil actions ana suits for
Injunction. still a violation of the re-
...I,tIa,. .., p.t Ia. ha1I IA hA "a
crime. In other words, the decision of
Judge Wollhorn did not question the
right of the secretary Of agriculture to
enforce by ciyil process proper obser-
vance of the grazing regulations, but
held merely that violations of the
regulations could not be made the ba-
sis of criminal action.
under the criminal appeals act Of
March .. 1907. ga stat. 1246l the at
torney general has instructed the Tn
itcd states attorney at Los Angeles
to sue writs Of error at once and
have Judge Wcllborn's decision re-
viewed by the supreme court of the
United states. This is the first OPP
p%ortunity the government has had to
obtain q ruling upon this question by
the supreme court. The appeal Will
he prosecuted to as early a decision as
possible"
Judge Wellborn's ruling as MI.
Hatton points out. was directly contra
~ to decisions or the T. ). district
courts of Idaho, northern California,
and South Dakota. and the supreme
court Of Arizona. and also to an opin-
ion Of United states Attorney General
Griggs. In explanation of the curse
now to be- pursued by the Forest Ser
vice. Mr.. Hatton's letter says.
las heretofore. the grazing regula-
lions viii continue to be vigorously
enforced upon every forest Any will
ful violation win be at n reported
the forest officers and prompt ac-
ton will be taken. Past experience
has shown tina only upon very rare
indeed is court action neees-
sary. Tho acknowledged justice and
propriety OF the grazing regulations
generally appeared 10 the sense
Of fairness of forest users, with the
result that willing compliance with.
and hearty cooperation in the en-
forcemcnt of. the regulations. have
been the rule. and cases of Willful
violations have been of rare occur
ance. Where court action Is found
necessary it has always been and viii
to be the rule of the forest
to avoid criminal prosecution
II possible and to pely upon remedy
by civil action"
After remarking that, since the TN
tied states district court for the
northern district Of California has
held contrary to Judge Weliborn's de-
rieion there Is no reason why Grim
inal prosecutions may not. in proper
be brought in hat court. the
decision OF which has equal authority
Nth dat Of Judge Wcllborn the let
tel continues:
1T is proper also To call attention
Ia the fact that, pending the appeal
from Judge Weltborn's ruling. there
has been no final determination that
ID is not II crime to wiilfuliy violate
tie grazing regulations. and IL la any
case fragrant abuse is attempted in
the meantime. the guilty party viii
II the supreme court dizapproycs
Judge Wriihnrn's ruling. DC liable ia.
every case To- criminal prosecution.
and to "a fine OF not than $500