The silver state news. [volume] (Winnemucca, Nev.) 1907-1909, 1909-06-19
ACTION OF COURT
misunderstood
Especial to silver State News)

SAN FRANCISCO, June ls.-A
somewhat prevalent misunderstanding
Of the significance OF the action recent.
~ taken by Judge Wellborn, of the
United States District Court for the
Southern District of California, north.
ern division, in dismissing indictments
against three s~hcepmcn, Cazajous,
Grimaud and linda, charged with having
unlawfully grazed sheep without q
grazing permit upon a national forest,
has led Acting District Attorney Hat
ton of San Francisco Go send TO all
forest supervisors in California a let.
ter explaining the situation in the fol.
lowing passages;
Sin connection with this ease my
attention has been called to a news
paper clipping referring to Judge Well
born s decision Ms follows; This de
cision means, in effect, that from this
time on there will he no restriction
of grazing which may be done in the
hills, a matter of great interest 10 those
who have herds and fiocks in the noun
tains.'
"Another statement which appears
in the clipping is as follows: Grazing
wiz be permitted al hhitum on for
est reserves until congress can enact
new laws TO cover the situation.'
1.-THE language above quoted midi
Gates an entirely N Q conception
of the effect of Judge Wellhorn' 5 decis
ion. Judge welihoru did not question
the right of the Secretary of Agrical
ture to control grazing upon the ma
tional forests, nor his right to prohibit
any unpermitted grazing
After setting forth that the authori-
" Of the Secretary of Agriculture to
prohibit grazing without 3 permit had
been expressly upheld by the United
States Circuit Court Of Appeals in the
shannon and D~astervignes eases, Mr..
Hatton S letter continues:
THE authority of those decisions
wss expressly recognized by Judge
wellhorn. Those cases were, however.
civil cases in which the United States
was granted injunctions restraining the
defendants from grazing trespass upon
forest reservations, while the cases of
,azajous, Grimaud and linda, decided
by Judge wellborn at Fresno, were
criminal prosecutions.
Judge Wellhorn held that while
the Secretary of Agriculture has full
authority under existing laws of 0 n
gress to ~promalgate regulations prohih-
iting grazing upon national forests ex-
cept under permit, and while the fer
ests can he protected against any vie-
lation of such regulations, still a vio-
satlon of the regulations cannot be held
to be s crime. In other words, the de-
cssion of Judge Wellhoru did not qaes-
ton the right of the Secretary Of Az
riealtare TO enforce by civil process
proper observation Of the grazing regu.
l~stions, bat held merely that violations
ef the regulations could not be made
the basis Of criminal action.
"Cnder the Criminal Appeals act
Of March :, 1907 ga Stat l.a46), the
attorney general Aas instructed the
L. 8 attorney ot Los Angeles 70 sue
cut wriss Of error at once and have
Iadge wellhornss decision reviewed by
the supreme court Of the United States
This is the FIRST opportunity the gov
m has had 10 oh;ain a ruling up
On this question by the supreme court
The appeal win he prosecuted to as
early a decision as p~essihle.''
Judge wellhorn 5 ruling. as Mr., Hat
ton points ou;. was directly contrary -
decisions Of the U. 5 district courts Of
Tdahe. northern California and South
naketa .and the supreme coaE az Ari-
sana, and also 10 an opinion If United
STATES Attorney General Grgg~ In e
PLANTATION Of tire course now to he per
saed nv the forest service, Mr.. Hat
ton 5 letter SAYS.
As heretofore, the grazing regala-
Xk0&> NN&a N%t&t4AAS ~ - tAA&AR&SA N%
forced upon every forest Any willfnl
violation viii he At once reported nv
the forest esseisls and prompt action
vii he taken. Past experience has
shown that only aPon very rare oc
xsssens Is eoGrt action necessary.
The Acknowledged justice and pro
prsety of the grazing regulations have
generally appealed 10 the sense OF
fairness Of forest users with the result
that willing compliance wStA. and
hearty cooperation in the enforcement
az. the regulations, have heen the rae
and cases Of willfal violations have
been of rare ~eccarreence Where coart
setsen is fouxa necessary II has always
been and will continue t. he the rnle
If the forest service 10 avoid criminal