Enterprise news-record. [volume] (Enterprise, Wallowa County, Or.) 1910-1911, 1911-01-14
courts UPHOLD
GRAZING RULES
SHEEP MEN IN NEW
MEXICO ARE FINED
Authority of Secretary of Agriculture
to Prevent Grazing OF livestock on
National Forests without Permit Is
Fully Upheld.

The authority Of the secretary OF
agriculture to prevent the grazing of
livestock on the national forests with
out permit has been sustained in
New Mexico by action Of the federal
courts in three cases in which the de-
PENDANTS had caused or permitted
stock to trespass upon the Alamo for
est 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 the secretary
Of agriculture with regard to grazing
on the national forests are unenforce-
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 regula-
tions has evidently been due to the
entirely natural desire of the stock
men to assert what they supposed,
| 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 clar-
| lfy the situation materially, and to
| promote 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 permit and pay
ing the grazing fee was due to the de.
cision rendered by the supreme cour,
of the United States last March, af.
firming decision Of the United States
district court for the southern district
of California, by Judge Wellborn, tha
violation of the grazing regulations II
not punishable as crime. This de-
cision of the supreme court, however
was by an even division Of the jus
itices, and therefore did not decide
the general question one way or th'
other, but merely affirmed the deci
sion Of the lower court in the particu
lar case. i. The supreme court ha
granted a rehearing Of the case in or
der that the question may be passet
upon by full bench and authorita
lively settled, and this rehearing vii
| soon take place But the authority o
the secretary to prevent grazing ex
cept in accordance with his regula
tions does not, 1t is pointed out. de
pend upon affirmation Of the powe
of the government to punish viola
ton Of the regulations as crime. Thi
Is made clear by the action In two o
the New Mexico cases, while tn
third case illustrates the fact that tn
affirmation of Judge Wellborn's de
> cision by the supreme court has n
: binding force in case other than tn
, particular one then before the cour
In the case Of Sam Cope and s.
: Cope, defendants, and Of q. w. Jer
. | nigan, defendant, injunctions wer
Z granted by the federal district couI
, to prevent the continued grazing Q
stock owned by the defendants upo
the national forests. The ground up
on which these injunctions wer
granted was not the power of the gov
, ernment to punish violators Of tn
regulations through criminal proceed
q ure but was the right Of the govern
! ment to bring civil action against tn
q owners Of stock which trespass upo
the property of the government
' the Cope case punitive damages wer
4 imposed by the court for wilful trei
. pass In addition to an award Of 81
: for actual damages sustained. Tn
{ amount Of the actual DANCE was dc
termined by the finding of the coul
that the value of the grazing privi
: ege in the Alamo national forest wa
tI $3.50 per year for each head Of cal
s tie or horses.
:. This case is the more decisive as
Y the authority Of the secretary to er
force the grazing regulations from tn
: fact that an attempt to procee
: against the defendants criminally ha
Il failed because of the refusal Of II
Il grand jury to bring an indictmel
against them. In the third Of II
New Mexico cases, however. such q
indictment was found by the grar
jury against ]. w. Van Wrinkle, Il
l. having grazed 1000 head of goats vi
on the Alamo national forest witho'
4 permit. AS result of this indie
n ment Van Wrinkle was arrested at A
a amogordo by deputy United Stat
l. marshal, and bound over for appea
l. ance at the April term Of the feder
" court.