The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1911-01-03
NEW MEXICO COURTS SUSTAIN
SECRETARY OF AGRICULTURE

washington, December 31.-The ati-
thority of the Secretary of Agricul-
sure to prevent the grazing Of live
stock on the National Forests without
y permit has been sustained in New
Mexico by action of the Federal
courts in three cases in which the
defendants had caused or permitted
stock to trespass upon the Alamo
Forest in defiance of the regulations.
Because of the belief which has
been current among stockmen of some
localities during the last year that the
regulations of the Secretary of Agri-
culture with regard to grazing on the
National Forests are unenforceable,
the New Mexico cases are regarded by
officials of the Department of Agricul.
ture as particularly timely and valu-
able. The recent disposition to ques-
ton the validity of the regulations
has evidently been due to the entire
ly natural desire of the stockmen to
assert what they supposed, though
mistakenly, to be their rights under
the law as interpreted by the courts.
Secretary Wilson considers that the
effect of the action taken in the New
Mexico cases will be to clarity the
situation materially, and to promote a
better understanding of the legal
rights OF the department.
7 he misconception which has led
stockmen to suppose they might
Craze their stock on the National For
ests without taking out permit and
paying the grazing fee was due to the
dec'eiN rendered by the Supreme
Court OF the United States last March,
affirming a decision of the United
States district court for the southern
district of California, by Judge Well
born, that violation of the grazing reg.
ulations is not punishable as q crime.
This decision OF the Supreme Court,
however, was by an even division Of
the justices, and therefore did not de
eide the general question one way or
the other, but merely affirmed the de-
ticular case The Supreme Court has
granted rehearing of the case, In
order that the question may be pas
sed upon by full bench and authori
;tatively settled, and this rehearing
will soon taken place. But the author
ity of the Secretary to prevent graz
ing except in accordance with his res
ulations does not, it is pointed out,
depend upon affirmation of the power
OF the government to punish violation
OF the regulations as a crime. This is
made clear by the action in two Of
the New Mexico cases; while the third
case illustrates the fact that the af-
firmation of Judge Wellborn's decis-
ion by the Supreme Court has no
binding force in cases other than the
particular one then before the court
In the cases OF Sam Cope and S. y.
Cope, defendants, and Of G. w. Jer'
nigan, defendant, injunctions were
granted by the Federal district court
to prevent the continued grazing OF
stock owned by the defendants up
on the National Forests. The ground
upon which these injunctions were
granted was not the power of the gov
eminent to punish violators OF the
regulations through criminal proceed
ure, but was the right OF the govern
ment to bring civil action against the
"a n. s.k
the property OF the government. In
the Cope case punitive damages were
imposed by the court for wilful tres
pass, In addition to an award OF $75
Tor actual damages sustained. The
amount OF the actual damage was de
termined by the finding OF the court
that the value. Of the grazing privilege
IN the Alamo National Forest was
s1,5O per year for each head of cat
tie or horses
This case is the more decisive as to
the authority OF the secretary to en-
force the grazing regulations from the
fact that an attempt to proceed against
the defendants criminally had failed
because OF the refusal OF the grand
Jury to bring an indictment against
them. In the third OF the New Mexico
cases, however, such an indictment
was found by the grand jury against
j w. Wrinkle, for having grazed l,OOt
heod OF goats upon the Alamo Nation.