The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1910-02-09
DESERT LAND !.
ENTRIES CASE UP
!. ~
Court Asked to Decide if Rights
May Be Transferred Before
Reclamation.

WASHINGTON, Feb. 7.-Attorneys
on both sides of the controversy ap-
pearing for final determination by the
supreme court of the United States OF
the long mooted question whether
rights to desert land entries may be
transferred befoi e reclamation are pre-
pairing arguments. A case involving
that point has been set for argument
before the court on February 81. Al
the same time the court Is to hear ar
guments as to whether 1t Is a crime
against the United States to Craze
sheep In forest reservation without
permission f,om the government.
The question of the right to transfer
a desert land entry arises in criminal
prosecution. William H. Hammers of
southern California was indicted in
the federal court for the southern dis
trict of California on charge of
committing perjury in an affidavit
made In the interest of Beulah Rose
Bekler to the effect that improve
ments of certain value had been
made on desert land in Inyo county.
Technical Defense.
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 on August 26,
1907, to Beulah Rose Becker was
void because the right to make such
transfer was not possessed by Boyer
1t was argued that, as Boyer did not
possess such right. the affidavit of
Hammers was immaterial.
The district court sustained the de-
Tense and the government appealed
to the supreme court.
The question Of ability of an entry
man to transfer 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 1887, the entryman had no
right which he could sell or transfer.
The governments contention in the
present case is that, under the desert
land act Of 1891, such a right Is given
the entryman. 1t is said many per-
sons who have obtained their land by
transfer under the desert land act of
1891 will be affected by the decision.
May Shcepmen Be Disciplined?
Whether 1t is crime to Craze sheep
without permission in forest reserve
has risen in the indictments of Pierre
G~imade, ]. p. Carajous and Antonio
Indavis. sheepmen of California, who
were charged with having grazed their
sheep without permission OF the gov
eminent in the Sierra reserve in Cali
fornia. These indictments were also
hrnnuhf N, hn ~ f1v y,
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 make provision for the
protection of the forest reserve. 1t
was provided that any violation Of the
provisions so made should be publish
ed, according to the revised statutes
In 1895 Secretary Wilson promul-
gated 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 that the indictments were
brought
Attorneys for the sheepmen con-
tended, however, that the act of 1897
was void, so far as 1t attached pen
atty to any violation of any regula-
tons thereafter to be made because
Is sought to provide penalty for a
crime not completely defined. 1t was
also argued that the act was an at
tempt to confer legislative authority
on an executive officer. The courts
sustained the defense and the gov
eminent appealed to the supreme
court.