Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-05-25
GRAZING on TINE RESERVES.

= IT is veil known 20 the worlG q
. largo that the wool Industry d. III
= leading industry Of this territory. an
p one upon which a very large portion O
our pcoplc-probnbly Il majority O
thcm-depend for "a llylihood But it Z
/, not SO generally known that tic with
drawal ~ such o large per cent OF on.
best range area. under the numcroui
government reservations. has Wofke,
Yery sctlous injury TO the leading ip.
tercat 90 Ncw Mexico-though our
own people know il. only too well
Ana they know, too. that what
cHcr Injuries the wool industry Of
this territory neeosfarily injurcs
all ous other Industries. because.
ss shyloek puts 81. You take my
house when you 40 take The prop That
aath sustain my mousse" Hence. every
ctHzcn OF Sow Mexico. no matter Nbat
limo of Industry he may De engaged in.
haas reason 10 rejoice ia the lack That
this embargo upon the Interests OF
New Mexico rs about TO be nned.
IN The case OK the government
against Pierre Brumand ana =. J. ca
raJous. for grazing sheep in a %foresiI
reserve without permission. Federal
Judge Weiiborn. Of California, helll
that they committed no violation OIL
nny iaw found in tho statute BOOKS.
and the indictments brought agamst
two defendants wcro tn%ercforc
nullihrd by the court. This Andlng AZ.
foets an stockmen who grazr thor
herds on forest reserves a.thon. the
government permission since this ia
not q criminal onenae.
Judge Woiihorn holds in eject that
portion OF an act of congress lelc-
certain powofs to The depart
pent Of the interior. Is voi1. Though
he control and supervision 81 f8res.l
.eserves was later Transferred from
he secretary OF tho lntcriJ. to the I
eeretary Of agriculture, tho tame lul.
w hoids good.
In 1906, tho secretary ~ agriculture :
fomulgatcd the following regulation .
persons must secure permits be-
grazing stock in forest reserves
,cept whore "a fcw head are In actual 10
70 by prospcctors, campers aud d
Mich or work animaia not "a
'ceeding six head owned b. a bona
ie settler residing Ia or near a fareht r
serve require 30 permit" n
The defendants admitted TIA. theyl n
id graacd their sheep In tho sierra
rest reserve. but claimed that lhs aef
congress, 80 Ear as il reln'es Ia amy z
'naly for "a violation OF tho rules p
id regulations thereafter 70 bo made
me department. 10 void. The ground
p THIS allegation was "that the acf Is
'eH NOT define the acts to be punished hl
~ beeauao u attempts Q delegation o'
i'kiSi'ttt" power TO an %admiuistra-
o.htlal
IS stated that the United states y
court has often declared natl, :,
can be 40 crime against the a.,
it"d states except where a forbid
b act ia defined 70 ponalized by
tutc II is held TO be sound doc he
ne that the legislative authority co
.st hrst make an act a crime. bv
king the punishment and declaring
court that shall have Jurisdiction
the ononsc sn
There can Doc no pretcnse that Ing
.sross has defined as a crime me an'
Tor which the defendants nre here ~
ietod. states the court. Tho stint ""'
itself docs not forbid or make amy J
renee whatever to sheep grazing mo
40 the romotcst degree "sugecstlde
{ congress had Il la mind Accord con
70 the governments own theory oy
I'D not become a crime until nine !
~ after the passage OF the statute
the governments attorney VI
made b. criminal aud then w
because OF the PRONUNCIATION oil g
administrative rule which it contra-
s. The mere statement of the
'ry apparently condemns il. ~,
have NO h|csltancy In holding that neo
statute in $50 far Az IL atnxes n "a ,
.shment 60 the lnfracuon OF ~cxecu.
rules and regulations to be there sad
promulgated. Is incomplete and E
llN Inadequate to form the basis of nay
iminal prosecution. ~
is stated that there is no con-.
'rsy over the validity OF any part uns
bee act or congress m question. exc. "l
the provision Indicated Rcferen,c Tha
60 an authority which SETS peN
that executive rules are not laws nom
nothing but a law can De-. :, :,
7r create "a crlme. -,
dgo wenborn adds that tho rule with
ming the making Of laws 10 COM cessI
is elementary The statute does Han
ienne the grazing of stock with ing
permission 90 bo a crime SAYS D.,
nnft bat declares that what,vcr II
.tcrctlry OF the interior cor ac-a r.
.af' may thereafter prohibit worl
10, a misdemcanor. Thus il wineth q
.en that the very essence OF the ever
.d crime. namely. what act con- "''''
"a it is not fixed by but The
ihded o. the discretion of an add "a
officer mot
bis held GO Doc Fundamental law beau
ihc citizen has tho right o. rely Trims
the statutes of the United state. oi n'
ascoriainmcnt Of acts which
#.H HA-