Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-01-16
CONSE RVAT|0N IS
OPPOSED MOST
BITTERLY
COLORADO RESERVE Is
BASIS OF BIG FIGHT
Opponents Of Roosevelt Policies
Seek to Prove Bureau Is Not
Within Constitutional Rights
in Making Withdrawals,
lBy Morning Journal Special Leased wirel

IL AA~e--' -<~s'"~-
Washington, Jan. 15.-An attack on
the conservation policies inaugurated
by the Roosevelt administration, more
serious probably than any heretofore
made, will be contained in an appeal
next week to the supreme court or
the United States to declare unconsti-
tutional 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 step further against the al
legged independence of the forest res
ervations from the state laws on the
theory that the federal government
in creating them holds the land mere
ly as a big land proprietor and not
with any prerogatives of sovereignty.
The fight has arisen out of the at
tempt of the United States to enjoin
Fred Light Colorado cattleman from
ALLOWING his cattle to trespass' on the
Holy Cross forest reserve without the
consent of the state was in violation
of the federal constitution, and that
action for trespass could not be
maintained under the Colorado laws.
unless the land in question had been
injunction.
The case was appealed to the SUI
preme court and Ii was advanced for
oral argument on Monday, January
%.
Colorado has joined in the fight
against the federal government. At
torney General John T. Barnett heads
the corps of attorneys carrying on the
fight for Light Among the attorneys
are James II. Teller and former Sena-
tor Henry M. Teller. An outline of
the arguments they will present to
the court has just arrived in WASH
ington in a brief.
The brief develops the argument
that by withdrawing from settlement
and improvement the large areas or
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 develop through the settlement
of public lands within their borders
the settlers having free pasturage up
on such lands and timber therefrom
for their necessities until the entire
area OF lands having any value be-
came private property" 1t Is argued |
in the brief. ITO withdraw large bod
les OF land Is to deprive state OF |
these advantages and to deny to IL |
equality with other |
states''
With one-fifth of Its area with |
drawn from development and perma-
nently exempt from taxation, Colo
rado has been curtailed greatly in Its
right to develop and secure increase |
of revenue. 1t is declared. 1t Is shown
that the total forest reserve in Colo
RADIO Is equal TO the area of the states
of Connecticut. New Hampshire and
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 Is that IL Is
to conserve the national resources by
providing for a continuing supply OF
timber. regulate the flow of streams
and preserve, power sites from being
II is contended that
the federal government was not Great
ed TO carry on such work. even the
general welfare" clause Of the con-
stitution not being broad enough TO
include this object Even II the pow
er did exist. II Ia argued. II could not
he exercised without the consent to
the states directly affected. J.
THAT the power to establish thesei