The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-05-02
UNITED STATES SUPREME COURT
SAYS FOREST RESERVES ARE.
CONSTITUTIONAL.
STATES HAVE NO SAY
Grea. and Far. Reaching Decision Of
the Nations Highest Tribunal Es-
tabiishes Forest Service as One Of
the country's Biggest Institutions
Justice Lamar Gives Ruling.

Washington, May by holding
that tho federal government without
consent OF the state affected may set
aside a vast amount OF public lands
as forest reserve and that such re-
serve is not subject to the state fenc-
ing laws, the supreme court OF tho
United States today settled two burn
Ing western issues.
Justice Lamar announced the opin-
ION of the court as to the constltu-
tionality of the forest reserves. He
said that the United States has the
absolute right to do what 1; plcases
with It's own property; the constitu-
ton had given II such power. This
control. the justice said, was not
right incident to sovereignty. as
claimed by the opponents Of the res
ervations. but was the exercise of q
right which every citizen possesses.
"All the public land is held by tho
United States In trust for the people
and It Is not for tho court to say how
that trust shall be administered; that
Is for congress to say"
Stockrnen OF the west lost hard
fought contest when the supreme
court also decided that indictments
could be brought against persons
grazing stock on forest reserves with
out permits. The court held that the
regulations of the secretary OF agri-
culture requiring permits were not
unconstitutional acts OF the legisla-
ture. The decision was announced in
the case OF Pierre Girrnaud and J. p.
Carajous. indicted for grazing sheep
on the Sierra forest reserve.
ConstitutionaIity Raised.
The constltutiohalIty OF the vast for
est reservations of the west and the
validity Of the modern conservation
policy. were raised early In this case
in the circuit court OF the United
States for the district of Colorado.
The United States government had
brought suit to enjoin Fred Light, q
prominent Colorado cattle man. from
causing or permitting his cattle to
trespass upon the Holy Cross forest
reserve In Colorado. A stubborn con-
test arose and among the other de-
fenses put forth by Light, was the one
that the formation OF the Holy Cross
reserve. without the consent OF the
tional. As the other vast reserves in
the west had been formed by sim
liar process of federal action In with
drawing public land from entry. the
argument applied by analogy to them.
The injunction was granted. and an
appeal taken to the supreme court OF
the United States.
Throughout the contest, the federal
government claimed that when Light
turned his cattle onto his ranch, ad-
joining the forest reserve. they fol-
lowed well defined cattle trails, In
order to get grass and water, direct
~ to the reserve where there existed
superior grass and water supply. Such
practice. the government contended.
was tantamount in law 10 Light drlv-
ing the cattle onto the reserve.
Not Fenced.
The defense met tho government
with the several arguments. In the
first place. 1t was pointed out that
tht reserve had not been fenced by the
government, and a Colorado law pro-
vided that no person should recover
damages for trespass unless the land
! In question was fenced.
Theodore Light pointed to this law
as barring the government from relief.
The government retorted that tho
fence law applied only to individuals,
and not to the state of Colorado or
| to the United States. Ii It was
meant to apply to the United States.
1t was argued by the government that