Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-01-01
MUST Obtain A
GRAZING PERMIT
ACTION or SEC'Y AGRICULTURE
SUSTAINED IN NEW MEXICO.
ST0CKMEN ARE ANGRY
But Department Has sale Right 10
Regulate Provisions Relating
tO National Forests,


b. Washington, Dee. 3l--The author
ity Of the Secretary OF Agriculture to
prevent the grazing OF livestock on
the National forests without a permit
has been sustained In New Mexico 'Dy
action Of the Federal courts in three
cases IN which the defendants had
caused or permitted stock TO trespass
upon the Alamo forests 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 tho Secretary of
! Agriculture with regard to grazing on
tho National Forests are uncnforce-
able, the New Mexico cases are re-
garded by officials Of the department
Of agriculture as particularly timely
and valuable The recent disposition
to question the validity of the regu-
lations has evidently been due to the
entirely natural desire of the sacltmcn
to assert what they supposed, though
mistakenly. 10 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 viii 6c to classify the
/ situation materially and to promote
Ia better understanding Of the legal
/ rights OF the department.
The misconception which has led
stoclSmen to suppose they might Craze
/ their stock on the National Forest
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 district court for
the southern district of California, by
Judge Wcllbcrn that violation Of the
grazing regulations Is not punishable,
as a crime This decision OF the SUI
preme court, however, was by an even
division of the justices, and therefore
did not decide the general question
one way or the other nut merely AZ
flrmed the decision ol the lower court
IN the particular case. The supreme
court has granted rehearlng of the
case, In order that the question may
be passed by a fun bench and author
b itatvely settled ana this rehearing
d will soon take place. But the author
ity of the secretary 20 prevent graz
E Ing except I'm accordance with his reg
ulatOns does not II is pointed out,
= depend upon affirmation OF the pow
r er of the government to punish vio-
e lation Of the regulations as a crime,
This is made clear by the action In
0 two cases; while the third case illus
d tratcs the fact that the affirmation Of
? Judge Wcllburns decision by the SUI
= preme court has no binding force in
q cases other than the particular one
than before the other.
In cases Of Sam Cope and S. O,
] Cope, defendants, and G. W. Jernigan,
t defendants, Injunchons we're granted
J by the Federal district court TO pre-
l vent the continued grazing OF stock
owned by the defendants upon the
I National Forests The ground upon
. which these inIunctions were granted
e was not the power OF the government
e 10 punish violators OF the regulations
= through criminal procedure, but was
the right of the government TO bring
( civil action against the owners OF
l stock which trespass upon the prop
{ erty OF the government In the Copo
} case punitive damages were imposed
, by the court Tor Wllful tfeSpasS, ~
t addition to an award of S75 for actual
g damages sustained The amount Of
the actual damage was determined by
l the finding of the court that the value
@ OF the grazing privilege in the Alamo
I National Forests was $3.50 per year
for each head of cattle or horses
y This case is the more decisive as to
p the authority of the secretary TO en-
( force the grazing regulations from
. the fact that an attempt to proceed
q against the defendants criminally had
s failed because or the refusal Of the
| grand jury to bring an indictment
q aginst them In the third Of tho New
e Mexico cases, however, such an indict-
, ment was found by the grand jury
y against j. W, Van Wrinkle for having
a Era1cd 1000 head OF goats upon tho
. Alamo National Forests without per-
/, result OF this indictment
d Van Wlnklc was arrested at Alamo
o. gordo by deputy United states mar
81 shall. and Bound over for appearance
lpt tho Aprll term OF the Federal court