The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1911-07-06
FAVORS SHEEP
MEMS RIGHTS
Important Decision by Judge
Steele On Two Mile
Grazing Limit.

The Salmon River Livestock Co.
which is of great Importance to
the stock men of the White Bird
and other Salmon river grazing
sections, and will be of far reach
ing effect upon the relationship
of the cattle and sheep men of
that country. The decision was
in favor of the sheep interests
represented by the Salmon Riv-
er Livestock company. Attorney
Wallace N. Scales, of Grangeville
was counsel for the defense, and
Judge James DeHaven of this
place, and Attorney Mcnamara,
of Lewiston appeared for the
plaintiff. Following is Judge
Steele IS decision in the case:
In this case the plaintiff is
the owner of land surrounded by
an open range, and has brought
action for damages against the
defendant under the provisions
of what is known as the 1.-TWO
Mile Limit Law. This law pro-
vides in substance that it shall be
unlawful for sheep to be herd
ed upon the range within two
miles of the dwelling of any per-
son residing upon lands, and pro-
vides that such owners of lands
may recover all damages occa-
stoned thereby. The plaintiff,
during the pendancy of the action,
asks for preliminary injunction
preventing the defendant from so
herding the said sheep.
have carefully examined the
well prepared brief of the plain
tiff filed in support of his claim
for an injunction, and find none
of the cases cited support his
claim for an injunction, and find
none of the cases cited support
the contention of the plaintiff
under the statute of this state
governing the herding of sheep.
The object of granting a prelim-
mary injunction is to hold mat
tiers in the present condition un-
til hearing can be had and a
permanent injunction granted, or
it is granted for the purpose of
holding property so that a judg-
ment at law could be collected,
where the plaintiff has commence
ed an action at law for a money
judgment, as in the case at bar.
1t is very evident that no perman
ent injunction could ever be grant
ed in this case, for the reason that
if the court should grant a per.
manent injunction, the effect OF
the injunction would be to give
the plaintiff exclusive control OF
the range for at least four miles
square, making sixteen miles, as
against the defendant, although HI
might, in the future have no stocI
himself, and might so change con
ditions, of his own volition that
he could not be damaged in any
amount.
THE plaintiff does not need
the injunction to ain the collec-
ton of this Judgment, for the rea
son that the defendant is solvent,
and is admitted to be amply able
to pay any Judgment which may
be obtained in this action.
1.-THE congress of the United
States has enacted that the asser-
tion of the exclusive use and oc-
cupancy of any part of the pub
lie domain without claim or color
of title is declared to be unlawful
and prohibited. (MeGinnis VS..
Friedman, 2 Idaho, 1861 The
two mile limit law does not give
to the owner of lands, nor to one
owning possessary claim and re
siding thereon, the exclusive RICH
to the use of sixteen square miles
nor does it give him the right OF
such lands against one herdine
sheep thereon, even though the
owner of such lands may have
stock which requires the use OF
a portion of such sixteen square
miles.
tThe granting of a prelimin
airy injunction rests in the sound
legal discretion of the court, and
depends upon the facts in each
particular case. In the case al
bar, both by the answer and by
the affidavits filed, the defendan
denies each of the material fact.
set forth in the complaint, and
denies that any damages have
been done, or that the defendant
intends to permit its sheep to
range within two miles of the
dwelling house of the plaintiff
The granting of preliminary in
junction in the case at bar would