Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1910-12-31
MUST HAVE PER-
NIT TO CRAZE.
Courts Sustain Authority Of Sec
retary To Regulate Grazing
On National Forests.

ne authority OF the Secretary
OF Agriculture to prevent the gra
zlng of livestock on the National
Forests without permit has been
4 sustained in New Mexico by ac-
tlon of the Federal courts in
three cases in which the defend
ants had caused or permitted
stock to trespass upon the Alamo
Forest in defiance of the regula-
tions.
Because of the belief which has
been current among stockmen of
some localities during the last
year that the regulations of the
Secretary Of Agriculture with re-
gard to grazing on the National
Forests are unenforceable, the
| New Mexico eases are regarded
by officials of the Department of
Agriculture as particularly timely
and valuable. The recent disposi-
tlon to question the validity of
the regulations has evidently been
due to the entirely natural desire
of the stockmen to assert what
! they supposed, though mistaken
ly, to be their rights under the
law as interpret d by the courts.
Secretary Wilson considers that
the effect Of the action taken in
the New Mexico eases will be to
c.drify the situation materially,
and to promote a better under
standing Of the legal rights of the
Department.
lEe misconceptiOn which has
led stockmen to suppose they
might Craze their stock on the
National / Forests without taking
out a permit and paying the gra-
ling fee was dUe to the decision
rendered by the Supreme Court
Aof the United States last March,
affirming decision of the Uni
ted States district court for the
southern district Of California,
by Judge WellEorn, that violation
Of The grazing regulations is not
punishable as a ime. I is d
cision Of the Supreme Count, how
ever, was by an even division Of
the Justices, and therefore did
not decide the general question
one way or the other, but merely
affirmed the decision Of the low
er court in the particular case.
The Supreme Court has granted
a rehearing of the case, in order
that the question may be passed
upon by full bench and authori-
tatively settled, and this rehear-
ing will soon take place. But
the authority of the Secretary
to prevent grazing except in ac-
cordance with his regulations does
not, it is pointed out, depend up
on affirmation Of the power OF
the Government to punish viola
ton of the regulations as a crime.
This is made clear by the action
n two of the New Mexico cas- IS;
while the third ease illustrates
the fact that the affirmation of
Judge Wellborn's decision by the
Supreme Court has no binding
force in cases other than the
particular one then before the
court.
In the cases of Sam Cope and
s. 0. Cope, defendants ald of
6. w. Jernigan, defend t, in
functions were granted by the
Federal district court to prevent
the continued grazing of stock
owned by the defendants upon
the National Forests, The ground
upon which these injunctions were
granted was not the power OF the
Government to punish violators
Of the regulations through Grim
inal procedure, but was the right
of the Government to bring civil
action against the owners OF
stock which trespass upon the
property Of the Government. In
the Cope ease punitive damages
were imposed by the court for
wilful trespass, in addition to an
award Of $75 for actual damages
sustained. The amount of the
actual damage was determined by
the il d ngs Of tie court that the
value Of the grazing privilege in
the Aamo National For st was
81 SO per year for each head Of !
cattle or holSes,
This case is the more decisive |
as to the autho ity of the Secre-
tary to enforce the grazing reg |
ulations from { e fact that an
attempt to proceed aga n t e