The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-28
FATE OF $4,000 BONUS
FOR RECLAMATION PURPOSES

HOiSE Ida. March 27.-The right OF
Lne secretary of agriculture To promul-
,,ro,,5nn $50 ana G enforce laws other than those
nloNlued by congress. within the boun-
uaries OF forest reserves will be tested
IN the federal court of this state In the
immediate future. the issuc crowdinc nm
pl argument OF dcmurrerS 10 the indict-
ments returned by the federal grand iuyv
during the regular term OF courI held
az MOSCOW last fall against parties who
installed and operated saloons In thu,
Couer d. Aicnc forest reserve in north
ein Idaho. These dcmurrcrs charge inat
the acts OF the secretary OF agriculture
Wl'h Scak To regulate the forest re-
serves are Unconstitutional in that they
are contrary to the laws OF the state of
ioaho and those of the United States
Inc question ls similar to The one
OF the FEDERAL court I'M California over
,he grazing issue and which on appeal
20 'nc nllen states supreme court. di-
Nided Inc Jurists of the high tribunal who
refused To une nimously support The lower
count in its ruling that tle laws laid
down b% the secretary OF agriculture are
Noid and unconstitutional. II was ow-
Ing 10 tnis division that the forest serv-
Ice publicly announced it would ignore
ame m ruling considered on division AS
of Idaho declare that they also viii abide
ny the action of the forest service in ig-
norine the DECISION To follow out the rui-
ing hi the court would be to throw the
forest reserves open and allow them To
become tresSpassed by shecpmen and
catliemen. with no end OF confusion and
perhaps bloodshed In other words, they
claim the bars would be let down and
the public range ruined. Oregon Utah
Montana and Wyoming sheepmcn are re-
ported TO be taking this view. although
IL is conceded by them that all cattle and
sshsepmen do not take the same side,
Tor many have been making strong
hght against the policy OF the forest re-
serve In its restrictions on ranging.
The Idaho test case shows IT'S hand In
lne usmUrT9rS fled by tla
saloon men indicted and who arc named
as William Lynch Edward Santry. Lee
Setser. j. G. Colhanc. William Keller
Frank G; Hopkins. Basel and Charles
To enforce laws on the reserves is at
tackled in the following language con-
tanned in tho demurers:
The act of June 4, 1897. making it
ulatlon which should hereafter be made
by the secretary OF agriculture for the
protection of the forest reserve Is un-
constitutional and void. because the same
Is an attempt to delegate legislative
power To an administrative officer"
The demurrer also declares that the
secretary attempts to designate ofTenses
for violations of certain rules which In
fact are not recognized as offenses by
either the federal or the state laws. An
other interesting test which comes up In
the case is the deClara ton in the de-
murrers which states the lands on which
the saloons are located and from which
Intoxicating beverages We're sold were
filed on within the boundary lines OF the
reserve as mineral land and therefore
the forest service has no jurisdiction over
the occupants or the defendants. for they
occupied mineral lands which. when en-
tered and proven as such, at once be-
come segregated from the Jurisdiction
OF the service and come under the regu-
Ia tions of the state laws. The latter
does not bar the regularly licensed sa-