The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-05-23
UPHOLDS
THE GRAZING
REGULATIONS
RIGHT OF THE GOVERNMENT TO
CONTROL ITS OWN LANDS IS
CLEARLY DEFINED AND Es-
TA6LIsHEs THE POSITION
THESE LANDS OCCUPY UNDER
THE LAW.

washington, May ZZ-Tne QeClSlOnS
handed down by the supreme court on
May !, concerning the right of the
government to control grazing on the
national forests are OF great interest
to the people, and especially to stock
men. The right of the government to
control its own lands within the va
rious states and territories is so clear
ly defined that II is regarded by Sec
rotary Wilson as establishing absolute
~ the position these lands occupy un-
der the law. II am very sure" said
Secretary Wilson today, that the
stockmen OF the west as well as the
western people generally, will accept
this decision OF the supreme court at
it's full worth and that the contro-
versy which has heretofore existed re-
garding the right to use the grazing
lands within the various national for
ests without permit from the depart
ment of agriculture will be brought to
an end.
The two cases decided were the So
called Light case, which originated in
Colorado, and the case of the United
States against Grimaud, Carajous and
india three California stockmen. In
the Light case one of the principal
issues Joined was on the question
whether the fence laws Of the state
must be complied with in order that
the United States might sustain ac-
ton for trespass on the national for
ests. The California case concerned
the question whether a violation of
the national forest regulations Is pun
| ishable as a crime.
Light Is a Colorado stockrnan who,
in 1906, turned his cattle loose on pub
lie land adjacent to the Holy Cross ma
tional forest in such a way that they
would naturally drift upon national
forest lands. Mr.. Light refused to take
any steps to prevent this and also re-
fused to take out a grazing permit. It
was maintained by Lights lawyers
that, inasmuch as the laws of Colorado
do not allow a private person any
remedy against owners Of stock which
stray upon his land unless the land is
fenced, the government is without re-
dress. An injunction was secured from
the district court requiring Mr.. Light
so to handle his stock as to prevent
them from trespassing upon the ma
tional forest. Mr.. Light, however, re-
fused to do this and, with the backing
| of other stoclImen of his state and,
eventually. OF the state Of Colorado it
self, which made a special appropria-
\ ton for the purpose, carried the case
up to the supreme court for final de-
| cision.
Tn the effort 30 establish the con-
tention that the government was
wrong, not only the validity Of the
grazing regulations but the constitu
| ttonality of the entire national forest
policy was challenged on every ground
which the counsel representing the
stock interests and the state were able
to raise. The fact that their conten-
| lions were, one after the other, set
| aside by clear cut statements of the
law is a matter of extreme satisfac-
ton to me- I nevertheless believe that
the stockmen who have so vigorously
| contested the governments position
rr-sIl Al haN A,4 Ill,
dealt with both by the department and
| the courts.
I'm the second case, known as the
Grfmaud case, the contention of the
stockmen was that the act of congress-
under which the secretary of agricul-
ture is authorized to make regulations
for the national forests, was unconsti
tutional in so far as it delegated to
the secretary Of agriculture the power
to make rules and regulations and
made a violation thereof a penal Of
Tense. The unanimous decision of the
case is exceptionally clear and
final. The power of congress to au
thorfze the secretary to establish such
regulations for the administration of
these forests is absolute, the court
holding that congress had the full
power to authorize the secretary to
make these regulations and enforce
them. The punishment was fixed by
tions merely provided the methods of
enforcing the law and, in the event of
it's violation, Of applying the penalty
fixed by the law. AS the court in it's
decision says the secretary is author
lied to regulate the occupancy and
use and to preserve the forests from
destruction A violation of reasonable
rules regulating the use and occupancy
of the property Is made a crime, not
by the secretary. but by congress. The
statute, not the secretary, fixes the
penalty.
II feel very certain" the secretary
stated, now that these questions are
so definitely settled, that we shall have
no further trouble in regulating the
use of national forest ranges by live
stock. Indeed, we have had very little
for some time, because the stockmen
themselves. although originally in
clined to resent the Interference of the
government with their long and I'M
controlled use of the lands now within
these forests, have, recently, accepted
the situation and are rapidly realizing
that their occupancy of these grazing
lands is vastly more satisfactory under
present conditions than IL was in the
old days when these areas were open
to all Corners and IL was constant
"a Obtain faaI fCr fha4r