The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-02
Il FIGHT ON
.,en Who Invaded Forest
.eryes Denied Relief by
Supreme Court.
|oN CONQUERED IN
BY THE ENTIRE BENCH
Non in Standard Oil and
,bacco Suits Expected
This Month.

rfNGTON. May 1.-The legal bat
|ust the forest reserves OF the
particular and federal conserva-
6sturel resources In general was
ov In the supreme court OF the
S(akes.
|rlbunal not only upheld the con-
s1Ity of the establishment OF the
for any national and public pur-
4 If settled once for all that the
and not the states,
how the reserves shall be used,
nmediate results Of the decision
Fred Light, a Colorado cattle
|Ii remain enjoined from allow
:aftle to Craze on the Holy Cross
in Colorado. and that
ri1uaud, *. p. Carajous and An
|da. California shcepmens must
o the indictments charging them
xi1e sheep upon the Sierra for
Ve without g permit.
|pInions Are Unanimous.
nhfect was dealt with in two
delivered by Justice Lamar.
Ire court concurred. The basic
upon which he proceeded was
c nation Is an owner and has
1Eress the principal agent TO dis
|fs property
Jnited States can prohibit alb
and fix the terms on which its
may be used" said the justice
'olorado case. "As il can with
reserve the land it can do so
ly. 1t Is true the United States
md cannot, hold property as a
Ia y.,sl. ~. Il rN.s,s a
But that does not lead to the
d that 1t is without the rights
to ownership, for the consti-
|clares that congress shall have
dispose OF and make all need
and regulations respecting the
or property belonging TO the
fRfes.'
(he public lands OF the nation
In trust for the people of the
|untry.' And II is not for the
y say how that trust shall be
red; that is for congress to de-
The courts cannot compel II
dc the lands for settlement. nor
4 hem To be used for aSriCul-
8razing purposes, nor interfere
The exercise of It's discretion
Establishes the forest reserves
..it decides to be national pur-
g7ts OF the Government.
same way and in the. exercise
anne trust, 1t may disestablish
e and devote the property To
er national and public purpose.
g rights incident 90 proprietor
ay nothing of the powe: Of the
Rates as a sovereign over the
Belonging To it.
q private owner shoUld be en-
protection against willful tres
ID statutes providing that dam
by animals cannot he recovered
le land had ueer inclCscd with
of The size anl material re-
10 net giv'; permission TO the
q cattle 10 uGe lis ncishbor's
a pasture.
are Intended to condone tres
Y straying cattle; they have no
m TO cases where they are
BON unfcnced land in order that
feed there.
vi trespasseS nor do they afford
rty rights, turn loose their cat
" tlItutbStdHI'S eIlp"IIlS ktul
re Intended 10 Graze upon the
nother. This defendant did under
1nces equivalent TO driving his
|on the forest reserve,
4 LCalifornla case Justice Lamar
|l16 rules which the secretary
1lture had promulgated for the
az the reserves. He said the
1 cf reasonable rules regulat-
use AMI occupation vi the prop
made q. crime not by the secrc-
agriculture, but by congress"
dlfs:cult. he said. TO separate
IRttSe power 10 make laws and
illustrative power 10 promulgate
~ regulations 10 put the laws
VffeDsn )s not against iEc Sec
;ut rs She iad;cITcnt pr.>peicY
contra"y u The llws Of the
5ta :cs an', INC peace and Dig
4<Pis