Weekly journal-miner., 1910-03-23
DECISION FAVORS
 ARIZONA SHEEPMEN
Live Stock Owners Receive Welcome News Through Important Ruling By
 The U. 5. Supreme Court.

tiee Kent; and as already stated, it
 is a decided compliment to the Su-
 preme bench of Arizona that it was
 first to enuneiate a doctrine in rela-
 ton to forest reserves which has
 been adopted by the Supreme Court
 of the United States.
 It is much easier for a lay reader
 to understand the law, as laid down
 in the Grimaud and Dent cases, than
 it is to prognostieate the practical
 results which must flow from the af-
 frmance of the doctrine by the court
 of last resort. It is plain thar Con
 gress enacted a void provision in re-
 lation toforest reserves when it att
 tempted to make the violation of de-
 partmental regulations a crime, ana
 at the same time failed to define and
 describe the acts which should be
 crimes.
 The law would have been valid if Congress had said: 'The grazing or sheep or cattle on forest reservations without permission is a crime" But what Congress did say, in substance, was: "It is a crime to violate the orders and regulations of the forest service" and the Supreme Court of the United States says it is impos- sible for Congress to create a crime by such vague definition; that it is impossible for Congress to confer leg islative power upon an executive of feer.
 Some interesting speculations natur- ally suggest themselves in view or this decision. Suppose now, as one of the results of this decision, sheep men drive their flocks into the for est reserves in defiance of regula- tions and in defiance of the forest guards-what penalty can be visited upon them Possibly they would be committing an unlawful act-i. e., a trespass-but certainly under the decision of the Supreme Court of the United States they could not be guilty of a criminal act Could they be ejeeted by the forest guards, or by any other officer except an officer armed with a writ of ejeetment under a civil judgment duly rendered for trespassl Or, will the only remedy of the forest service against tres passing sheepmen be an action for damages7
 In any case, it seems likely that sheepmen, if tempted by stress of drouth or other causes, will be dis posed to invade the forest reserva- tions and take their chances on what may happen.
 Another interesting speculation arises as to the status of the regula- tion which provides for a tax of so much per head on stock grazed by permission in forest reserves. The re- fusal to pay the required tax has hitherto been regarded as a crime, and punishable as such. Obviously, under this decision the refusal to pay the tax is not a crime. It may be tha tan easy remedy against any difficulty in this direction would be a regulation requiring the pay ment of such tax in advance. But suppose the sheepman Cor eattleman) refuses to pay the tax and drives his stock into the reserve3 He might be entirely willing to take all the of a civil action in ejeetment, or an action on the case for damages, since in any case the damages would be assessed by a jury in the light of the proofs of damage.
 It is a safe prophecy that the at- torneys of the stoekmen will earn some fees immediately in the furnish ing of opinions an dadviee in relation to procedure under this decision.