The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-01-28
MUST PAY TO CRAZE
Federal Courts Decide Stock May
Not Range Free On National
Forests

The authority Of the Secretary OF
Agriculture to prevent the grazing OF
live stock on the National Forests with
out q 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 tres
pass upon the Alamo Forest in defiance
Of the regulations
Because of the belief which has been
current among stockmen Of some To-
c~slities 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 Of
ficials of the Department Of Agriculture
as particularly. timely and valuable.
The recent disposition to question the
validity Of the regulations has evidently
been due to the entirely natural desire
of the stockmen to assert what they sup
posed, 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 pro-
mote a better understanding of the
legal rights Of the Department.
The misconception which has led
stockmen to suppose they might Craze
their stock on the National Forests
without taking out a permit and pay
ing the grazing fee was due to the de-
cision rendered by the Supreme Court
Of the United States last March, affirm
ing a decision of the United States Dis
trict Court for the Southern District OF
California, by Judge Wellborn. that
violation of the grazing regulations is
not punishable as a crime. This deci-
sion of the Supreme Court. however,
was by an even division Of the justices.
and therefore did not decide the general
question one way or the other. but
merely affirmed the decision Of the
lower court in the particular case. The
Supreme Court has granted a %rehearing
of the case in order that the question
may be passed upon by q full bench
and authoritatively settled, and this re-
hearing will soon take place. But the
authority of the Secretary to prevent
grazing except in accordance with his
regulations 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 afir-
nation of Judge Wellborn's decision
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. o.
Cope. defendants, and of G. w. Jerni-
gan, defendant. iDjunctions were grant
ed by the Federal Distric It Court to pre-
vent the continued grazing Of stock
owned by the defendants upon the Ma
tional Forests. The ground upon which
these injunctions were granted
was not the power Of the Government
to punish violators of the regulations
through criminal procedure, but was
the right of the Government to bring
civil action against the owners of stock
which trespass upon the property of the
Government. In the Cope case punt
tive damages were imposed by the court
for willful trespass. in addition to an
award of $50 for actual damages sus'
tanned. The amount of the actual dam.
age was determined by the finding OF
the court that the value of the grazing
privilege in the Alamo National Forest
was ST. so per year for each head OF
cattle 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. Van Wrinkle. for having grazed
1000 head Of goats upon the Alamo
National Forest without q permit. As
q result Of this indictment Van Wrinkle
was arrested at Alamogordo by q
Deputy United States Marshal, and
bound over for his appearance at the
April term of the Federal Court.