Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-07
RIGHTS TO DESERT
LAND ENTRIES
Can They be Transferred Before
Reclamation of Land Has
Seen Made?
QUESTION is TO BE TESTED
Attorneys OIL Both Sides of Controversy
Preparing to Submit it to U. 5.
Supreme Court.

Washington. Feb. 6.-Attorneys on
both sides of the controversy are pre-
pairing for the final determination by
tho suprcme court of the United States
of the long mooted question whether
right to desert land entries may DC
transferred before reclamation mas
been made.
A case Involving that point has been
set for argument before the court on
Feb 2I. At the same time, the court
is to hear arguments as to whether
it is q crime against the United States
to craze sheep In Il forest reservation
without permission of the government
The question OF the right to trans
fer a desert land entry arises in
criminal prosecution. William III. Ham
mers of southern California was lndlct-
ed in the federal court for the southern
district of California on charge ol
committing perjury in an afhdaVit
made In the interest OF Beulan Rose
Beekler, to the effect that Improve
nents ~ a certain value haG been
made on desert land In Imperial coun-
ty, Cal.
In defense. 1t was set up that the
land in question had been entered by
Granville NJ. Boyer. on Aug. IA, lsV',
Mt the land office in Los Angeles ana
that the attempted transfer @ od MS
rights in the land on Aug. 26, 1907 to
Beulah Rose Becker WIS void be-
cause tho right to make such transfer
was not possessed by Boyer IL was
argued that as Boyer did not possess
such q right, the affidavit Of Hammers
was immaterlal
The district court sustained the de-
fense and the government Appealed 10
the supreme court.
The question OF the ability of an en-
tryman 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 the
entryman.
1t Is said that thousands OF persons
who have obtained their land by
transfer. under the desert land act oil
1891, will be affected by the decision.
This Is regarded as true. particularly
OF the Imperial valley in California
Whether 1t Is crime to Craze sheep
without permission In a forest reserve
has arisen In the indictemnts of Pierre
Grimade. ]. p Carajous and Antonio
linda. sheepmen of California. who
were charged with having grazed their
sheep without the permission of the
government. in the Sierra forest re-
serve in California.
These indictments were all brought
in the federal court for the Southern
district of California
BY act of Congress approved June
4, 1897. the secretary OF the Interior.
and later the secretary Of agriculture,
was directed to mako provision for the
protection OF the forest reserves. 1t
was provided that any violation of the
provisions as made should be punish
able according to the revised statutes.
In 1906, Secretary Wilson promul-
gated a regulation requiring all per-
sons to obtain a permit before grazing
animals In forest reserve 1t was
by reason OF alleged violations of this
regulation of the indictcmnts were
brought
Attorneys for the sheepmen con-
tended, however, that the act of 1897
was void. so far as 1t attached pen
nlties to any violation Of regulations
thereafter to be made. because It
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
ment appealed to the supreme court