Omaha daily bee., 1911-01-02
GRAZING IN NATIONAL FORESTS
Court in New Mexico Upholds Author
ity of Secretary of Agriculture.
MIsAPPREHENsION OF STOCKMEN
Decision of supreme Court that
Illegal Grazing IL Not Crime
Does Not BRr civil
Suits.

WASHINGTON. Jan. 1.-(Special) )-The
The authority of the secretary of agricul-
ture to prevent the grazing Of live stock
on the national forests without a permit
has been sustained I'm New Mexico by ac-
tion of the federal courts in three cases
in which the defendants had caused or
permitted stock 60 trespass upon the Alamo
forest in defiance Of the regulations.
Because Of the belief which has been cur
rent 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 un-
enforceable, the New Mexico cases are re-
garded by officials of the Department OF
Agriculture as particularly timely and valu-
able The recent disposition to question
the validity of the regulations has evil
IDENTIFY been due to the entirely natural de-
sire OF the stockmen 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 clarity the situation
materially, and to promote better under
standing of the legal rights of the depart
ment.
Basis of MisRpDFehensiOn.
stockmen to suppose they might Craze their
stock on the national forest without TAX
ing out a permit and paying the grazing
fee was due to the decision rendered by the
supreme court of the United States last
March, affirming a decision of the United
States district court for the southern dis
trict Of California, by Judge Wellborn
that violation of the grazing regulations is
not punishable as crime. This decision
OF the supreme court, however, was by an
even division Of the justices, and, therefore
did not decide the general question one
way or the other but merely affirmed the
decision OF the lower court in the particu-
lar case. The supreme court has granted
a rehearing OF the case, in order that the
question may be passed upon by a fun
bench and authoritatively settled, and this
rehearing will soon take place. But the
authority of the secretary to prevent graz
ing, except in accordance with his regula-
tions, does not. It is pointed out, depend
upon affirmation of the power OF the gov
ernment to punish violation OF the regula-
tion as a crime. This is made clear by the
action in two OF the New Mexico cases:
while the third case illustrates the fact
that the affirmation Of Judge WelIborn's
decision by the supreme court has no
ticular one then before the court
Punitive Damages Assessed.
In the cases OF Sam Cope and S. o. Cope.
defendants, and OF c. W. Jernigan. de-
fendant, injunctions were granted by the
federal district court TO prevent the con
tinued grazing Of stock owned by the de-
PENDANTS upon the national forests. The
ground upon which these injunctions were
granted was not the power OF the gov
ernment TO punish voiators OF the regu-
lations through criminal procedure. but
was the right OF the government 10 bring
civil action against the owners OF stock
which trespass upon the property OF the
government. In the Cope case punitive
damages were imposed by the court for
wilful trespass. In addition 10 an award OF
SIS for actual damages sustained The
amount OF the actual damage was deter.
mined by the finding OF the court. that th.
value of the grazing privilege in the
Alamo national forest was 81 60 Der wear
for each head Of cattle or horses
This case 10 the more decisive as 10 the
authority Of the secretary 10 enforc. tb.
grazing regulations from the fact that an
attempt 10 proceed against the defendanfa
crlminally had failed because ~ the r.
fusai Of the grand Jury 20 bring an in-
dictmcnt against them. In the thirJ ~
the New Mexico eases. however zurb An
indictment was found by the grand Jur5
against j. ". Van Winkle for hayiuE
graEed loo head ~ goats upon ths Alamo
national forest without a permit A. a
result of this Indictment Van WInkIr var
arrested AZ Alamogordo by a deputy United
states marshal and bound over for an.
pearance az the April term 81 ths federal
court
PRn-A -Am~Fican ConfsFenes.
A American commercial cunfsrsurs
more practical and Gomprehsnsiys than ang
trade EathsrinE ever assembled in che De
tlonal capital wiu b. hsld during ths sset
of February i1lA 1914 under enc auspicra
81 the ran-Americah onion. formerly
known AZ tHe nurrau % American Rrpub.
iiCs. in the auditorium ~ the neu buiiiinr
of ths union. Washington. n. e.. tts rur.
tConrnusd on second PaEsl