The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-02-11
TO Define rights
DESERT ENTRIES

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A question of great Importance and
interest to great many people of the
west will be decided by the Supreme
Court OF the United States at an early
date. The question is can rights to des-
ert land entries be transferred before
the reclamation of the land has been
made. Attorneys on both sides are
are preparing for the final determine
ton OF the question by the Supreme
Court. A case involving the uues-
ton has been set for argument be-
fore the court for February Fl.
At the same time the court is to
near arguments as to whether it is a
crime against the United States to
Craze sheep in forest reservation
without permission of the govern
ment.
The question of the right to trans
fer desert land entry arises in a
criminal prosecution. William H.
Hammers of southern California was
indicted in the federal court for the
southern district of California on a
charge OF committing perjury in an
affidavit made in the interest of Bue-
lah Rose Becker to the effect that i'm
provements of a certain value had
been made on desert land in Imperial
county, California.
In defense it was set up that the
land in question had been entered by
Granville M. Boyer on August IA,
1907, at the land office in Los Angeles
and that the attempted transfer of
his rights in the land later to Buelah
Rose Becker was void because the
right to make such transfer was not
possessed by Boyer. It was argued
that as Boyer did not possess such a
right, tho affidavit of Hammers was
immaterial.
The district court sustained the de.
tense and the government appealed
to the upper court.
The question of ability Of an entry
man to 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 1877 the entryman had no right
which he could sell or transfer. The
governments contention in the pres
ent case is that under the desert land
act of 1891 such right is given to
the entryman.
1t is said that thousands of persons
who have obtained their land by trans
fer, under the desert land act of 1891,
will be effected by the decision. This
is regarded as true of the Imperial
valley in California.
GRAUING WITHOUT PERMISSION.
Whether it is a crime to Craze
sheep without permission in forest
reserve has arisen in the indictments
of Pierre Grimade, J. P. Carajous and
Antonio linda, sheepmen of California,
who were charged with having grazed
their sheep without permission of the
government in the Sierra forest.
In the indictments they were all
brought in the federal court for the
southern district of California.
By an act of Congress approved
June A, 1897, the secretary of the in
terror, and later the secretary of ag-
riculture, was directed to make pro-
vision for the protection of the forest
reserves. 1t was provided that any
violation of tho provisions so made
should be punishable according to the
revised statutes.
In 1896 Secretary Wilson promul-
gated a regulation requiring all per-
sons to obtain a permit before graz
ing animals in the forest reserve. 1t
was by reason of alleged violation the
indictments were brought.
Attorneys for the sheepmen con-
tended however that the act of 1897
was void so far as it attached penal
ties to any violation of regulations
thereafter to be made, because it is
sought to provide a penalty for a
crime not completely defined. It was
also argued that the act was an at
tempt to confer legislative authority
on an executive officer. The court
sustained the defense and the govern