The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-16
GRAZING NOT UNLAWFUL.

The Supreme Court of the United
States has lust rendered most impor
tant decision with regard to the graz
ing of sheep on the forest reserve
A dispatch from Washington carried in
The Tribune Yesterday morning. SAYS
that by an equally divided court the
Supreme Court of the United States
| confirmed a decision of the Federal Dis
trict Court of Southern California which
held the grazing of sheep without per.
NIT on the forest reserves to be not vio.
lative of law. IL appears that the for
bidding OF such grazing is not mat
ter of law. but is in fact only an order
from tho U. S. Department of Agricul.
rure
The suit arose by the resistance of
two sheep raisers to the forest reserve
regulations; they insisted on grazing
their sheep without permission aud
without the payment of fees. They
We're indicted on charge of grazing
sheep without permission in the Sierra
forest reserve. The indictment was
brought under the act of October 4,
1897, which act authorized the Secre-
tary of the Interior and afterwards
the Secretary Of Agriculture. to make
provisions for the protection Of the
public lands In the forest reserve
against destruction by fires and dcpre-
dations This law remained for seven
years without any one having an idea
that the grazing of sheep upon forest
reserves was in any way conducive 10
fire or destruction on the forest re-
serves; but in 1907 it seems that the
Secretary of Agriculture held that such
grazing was contrary TO the law, un-
less he gave permission and charged a
fee for the privilege. AS a question
of law and of fact it seems impossible
TO see that this grazing upon the for
est reserve is moro dangerous after per-
mission has been granted, and fee
therefor paid. than If there were no
such permission and no such charge
Of fee The order of the Department
requiring permission, and payment for
such grazing, was held to be void IN
the u. S. District Court for the South
ern District of California. because it
did not appear that the grazing of
sheep upon the forest reserve was in
hibited by the law, and because it in
volvcd an attempt to confer Leglsla-
tive power upon an executive officer to
be exercised at some future time, From
this decision an appeal was taken to
the Supreme Court of the United States,
which has now resulted in favor Of the
sheep grazcrs, and against the assump-
ton of the Department of Agriculture
of power not conferred by the law.
This being a National question. of
course the ruling will apply everywhere
else as we'll as in California. IT is an
important decision TO all of the sheep
grazing interests in this country, and
we call the attention. especially. Of the
Utah sheep grazers to this annulment
Of an assumed power under which they
have been resitvc for a long time. I'm
doubtedly. Mr.. Pinchot and all of his
backcrs will think this is a step back"
ward; but it is not step backward
at all; IT is simply decision by the
highest authority against Il false step
taken without support of law. against
the interests of the inhabitants Of this
region who have peculiar and intimate
relations with the forest reserves, as
affecting their immediate business. IT
is q wise decision, one that is supported
in common sense as well as In law.