The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-07
LAND AND GRAZING
CASES OF MOMENT
Vast Importance Attaches to De-
cisions to Be Rendered by
Supreme Court.
QUESTION INVOLVES RIGHT
TO. TRANSFER DESERT ENTRY
Criminal Prosecution of Sheep
men on Forests Will Also
Be Determined.

WASHINGTON, Feb. 6.-Attorneys
on both sides of the controversy are
preparing for the final determination BY
the supreme court of the United States
OF the long mootcd question whether
rights 10 desert land entries may be
transferred before reclamation has been
made
case involving that point has been
set for argument before the court on
February II. AT the same time, the
court is to hear arguments as TO whefh-
er 1T is a crime against the United
States to Craze sheep in forest reser-
vation without permission of the gov
ernment.
The question of the right 10 trans.
fer desert land entry arises in Grim
inal prosecution. William H. Hammers
OF southern California was indicted in
the federal court for the southern dis
trlct of California on a charge Of COM
mlttlng perjury in an affidavit made
In the interest of BcuIah Rose Beck
ler, to the effect that improvements of
certain value had been made on des-
ert land IN Imperial county, Cal.
Transfer of Entry.
In defense, it was set up that the
land IN question had been entered by
Granville NJ, Doyer, on August IA, 1907,
at the land office III Los Angeles and
that the attempted transfer Of his
rights in the land on August %. 1907,
TO Beulah Rose Becker was void be-
cause the right to make such transfer
was not possessed by Boyer. 1t was
argued that, as Boyer did not possess
such a right. the affidavit of Hammer 5
was imlnaterla.
The district court sustained the de-
fense, and the government appealed To
the supreme court.
The question of the ability of an en-.
tryman 10 transfer A desert land entry
has been considered by the court be-
fore. On the previous occasion the
court held that, under the desert land
act OF 1917. the-entryman bad no riahb
whicn he could sell or transfer. The
government contention in the pres
cnt case is that under the desert land
net of 1871. such right is given the
cntrymau
1T is SAID that thousands OF persons
who have obtained their land by trans
fer under the desert land act of 1891,
will be affected by the decision. This
is regarded as true, particularly Of the
Imperial Valley in California.
Sheep on National Forests.
Nhcthcr it is a crime 10 Craze sheep
witbou: permission in n forest reserve
has arisen in the indictments of Pierre
Grimade, j. +. Caraious and AntoUio
linda, sheepmen OF California. who We're
charged with having gTazed their sheen
without the permission of the govern
ment, in the Sierra forest reserve in
California.
These indictments were all brought
in the federal court for the southern
district of California.
I}v act ot congress approved June =
1897, the secretary of the interior, and
later the secretary of agriculture. was
directed TO make provision for the pro
lection of the forest reserves. II WAS
provided that any violation OF the pro
visions as made should be punishable
according 10 the revised statutes.
In 1906, Secretary Wilson pronul-
gated a regulation requiring all persons
30 obtain q permit before grazing an
imals IN a forest reserve. It was by
reason OF alleged violations OF this reg
rlotion of the indie ctmentS were brought.
Attorneys for the sheepmen contend
cd. however. TINT the act of 1897 was
void, 90 Ear as II attached penaltied
TO any violation of regulations there
after TO be made, because It sought 10
provide q penalty for a crime not com
pletelv dcfircd. /, WAS also argued that
he act was an attempt to confer legls-
alive authority on an executive ohccT.
The court sustained the defense, and
he government appealed TO the SUI
court.