The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1911-05-23
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aDle as crime.
Light is Colorado stockman who,
in 1906, turned his cattle loose on pub
lie land adjacent to the Holy Cross
National Forest in such way that
they would naturally drift upon ma
tional forest lands. Mr.. Light refused
to take any steps to prevent this and
also refused to take out a grazing per-
init. 1t was maintained by Lights law
yers that, inasmuch as the laws of
Colorado do not allow private per-
son any remedy against owners OF
stock which stray upon his land UNI
less the land is fenced, the govern
ment is without redress. An injunc-
ton was secured from the district
court requiring Mr. Light so to handle
his stock as to prevent them from tres
passing upon the national forest Mr..
Light, however, refused to do this
and, with the backing of other stock
men of the stae and, eventually, of the
State of Colorado itself, which made
special appropriation for the pur-
pose, carried the case up to the SUI
preme court for final decision.
in the effort to establish the con-
tention that the government was
wrong, not only the validity of the
grazing regulations but the constitu-
tionality of the entire national forest
policy was challenged on every ground
which the counsel representing the
stock interests and the state we're able
to raise. The fact that their conten-
tons were, one after the other, set
aside by clear-cut statements of the
law is a matter of extreme satisfac-
ton to me. nevertheless believe that
the stockmen who have so vigorously
contested the governments position
will feel that they have been fairly
dealt with both by the department
and the courts.
I'm the second case, known as the
Grimaud case, the contention of the
stockmen was that the act of con.
gress, under which the secretary of
agriculture is authorized to make reg.
ulations for the national forests, was
unconstitutional in so far as it dele
gated to the secretary of agriculture
the power to make rules and regula-
tons and make a violation thereof a
penal offense. The unanimous decision
of the case is exceptionally clear-cut
and final The power of congress to
authorize the secretary to establish
such regulations for the administra-
ton 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
congress and the secretary's regula.
tions merely provided the methods of
enforcing the law, and, in the event
of its violation, of applying the pen
atty fixed by the law. AS the court In
its decision says, the secretary is au.
thorized to regulate the occupancy
and use and to preserve the forests
from destruction A violation of reas.
enable rules regulating the use and
occupancy of the property is made
crime, not by the secretary, but by
congress. The statute, not the secre-
tary, fixes the penalty"
81 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 stock.
men themselves, although originally
inclined to resent the interference Of
he government with their long and
uncontrolled use Of the lands now