The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1911-01-20


General in Behalf of People of the
West-Trespass Case to be Tried In
the Supreme Court.
An attack on the conservation poll
cies inaugurated by the Roosevelt ad-
ministration, more serious probably
than any heretofore made, will be con-
tanned in an appeal next week to the
supreme court of the United States to
declare unconstitutional the creation of
the big forest reservations of the west.
Failure to win on this proposition is
not to end the campaign of the anti
conservationists. They have prepared
to fight a step further against the al
legged independence of the forest reser-
vations from the state laws on the
theory that the federal government in
creating them, holds the land merely as
a big land proprietor, and not with any
prerogative of sovereignty,
The fight has arisen out of the at
tempt of the United States to enjoin
Fred Light, a Colorado cattleman,
from allowing his cattle to trespass'
on the Holy Cross forest reserve in
that state. Despite Lights claim that
the formation of the reserve without
the consent of the state was in viola
ton of the federal legislation, and
that action for trespass could not be
maintained under the Colorado laws,
unless the land in question had been
fenced, the federal circuit court is
sued the injunction.
The case was appealed to the SUI
preme court, and it was advanced
for oral argument to Monday, January
%.
Colorado has poined in the fight
against the federal government. At
torney General John T. Barrett heads
the corps of attorneys carrying on the
fight for Light. Among the attorneys
are James H. Teller and former
United States Senator Henry M. Teller.
An outline of the arguments they will
present to the court has just arrived
in Washington in brief
The brief develops the argument
that by withdrawing from settlement
and improvement the large areas OF
land the western states are not be-
ing treated on an equality with their
sister states, all in violation of the
constitution.
"Other states were left free to de-
velop their territory through the set
Element of public lands within their
age upon such lands and timber
therefrom for the necessities, until
the entire area of lands having any
value became private property" it is
argued in the brief
ITO withdraw large bodies of land
Is to deprive a state of these advan-
tages and to deny to it constitutional
CAPABILITIES with other states"
With one-fifth of it's area with
drawn from development and per-
manently exempt from taxation, Col
orado has been curtailed greatly in Its
right to develop and secure increase
of revenue, it is declared. 1t is shown
that the total forest reserves In Colo
RADIO Is equal to the area of the states
of Connecticut, New Hampshire anC
Massachusetts.
The question is asked as to what
is the legitimate end, within the scope
of the constitution, to be served by
the system of reserves?" According
to the brief, the general answer II
that at is to conserve the nationa
resources by providing for a contin
uing supply of timber, regulate thu
flows of streams and preserve powe
sites from being monopolized
1t is contended that the federal gov
crnment was not created to carry OF
such work, even the general wei
fare" clause of the constitution no
being broad enough to include this oh
iect. Even II the power did exist
1t is argued, II could not be exercises
without the consent of the states di
rectly affected
That the power to establish thes
reserves may be highly desirable"
continues the brief. land that II cal
be more effectually exercised by tn
federal government than by the state
need not be denied, though the latte