The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-05-26
GRAZING REGULATIONS UPHELD
BY THE SUPREME COURT

H~Nho ny tAC
court on May |. concerning the right
of the government to control grazing
on the national forests are of great
Interest to Western people; and
especially to the Western stockmen
The right of the government to con-
troll its own lands within the yariou
states and territories is so clearly de-
fined that it is regarded by Secretary
Wilson as establishing absolutely the
position these lands occupy under the
law.
Il am very sure" said Secretary
Wilson today, that the stockmen OF
the West, as well as the western peo-
pie generally, will accept this decision
of the supreme court at it's full worth
and that controversy which has here
tofore existed regarding the right to
use the grazing lands within the vari-
Gus national forests without permit
from the Department of Agriculture
will be brought to an end.
"The two cases decided were the
so-called Light case, which original
ed in Colorado, and the case of the
United States against Grimaud, Cara
jous, and India, tire California
stockmen. In the Light case one of
the priciple issues joined was on the
question whether the fence of the
state must be complied with in order
that the United States might sustain
action for trespass on the national
forests. The California case concern
ed the question whether violation OF
the national forest regulations is pun
ishable as a crime.
Light is Colorado stockman,
who, in 1906, turned his cattle loose
on public land adjacent to the Holy
Cross national forest in such a way
that they would naturally drift upon
national forest lands. Mr.. Light re-
fused to take any steps to prevent
this and also refused to take out a
grazing permit. 1t was maintained
by Lights lawyers that, unasmuch as
the laws of Colorado do not allow a
private person any remedy against
owners of stock which stray upon
his land unless the land is fenced,
the government is without redress. |
An injunction was secured from the
district court requiring Mr.. Light so
to handle his stock as to prevent |
them from trespassing upon the ma
tional forest. Mr.. Light, however,
refused to do this, and with the back
ing of other stockmen of his state,
and eventually of the state of Colo
RADIO itself, which made a special ap-
for the purpose, carried
the case up to the supreme court. for
final decision.
'ln the effort to establish the con-
tention that the government was
wrong, not only the validity of the
grazing regulations but the constitu-
tionality of the entire national forest
policy was challenged on every
ground which the counsel represent
ing the stock interests and the state
were able to raise. The fact that
heir contentious were, one after the
other, set aside by clear-cut state
nents of the law is matter of ex-
IRENE satisfaction to me. | never
,heless believe that the stockmen who
nave so vigorously contested the gov
position will feel that they
nave been fairly dealt with both by
he Department and the courts.
I'm the second case, known as the
Grimaud case the contention of the
,tockmen was that the Act of Con-
sress, under which the Secretary of
Agriculture is authorized to make
for the national forests,
vas unconstitutional in so far as it
delegated to the Secretary of Agri-
culture the power to make rules and ]
equations and make a violation
hereof penal offcnse. The unani-
nous decision of the case is excep-
ionally clear-cut and final The
,ower of confress to authorize the
secretary to establish such regula-
ions for the administration of these
orests Is absolute, the court holding ]
hat congress had full power to auth
'rize the Secretary to make these {
equations and enforce them. The /
was fixe by congress and
he Secretary's regulations merely c
provided the methods of enforcing /
he law and, in the event of its viola
ion, of applying the penalty fixed by e
he law. As the court in it's decision