The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-01-16
Stockmen Deny Right of Gov
ernment to Set Apart Land
in States.
ATTACK ON CONSERVATION
GOES TO SUPREME COURT
Plaintiffs Demand That All the
Timber Reserves Be AbOl-
ished Forthwith.

| WASHINGTON. Jan. 15.-Au attack OIL
the conservation policies inaugurated b,
| the Roosevelt administration, moro Sc
rlous probably than any heretofore made
will be contained In an appeal next weel
| TO the supreme court OF the United States
TO declare unconstitutional the creation o.
the big forest reservations of the west
| Failure TO win ON this proposition is moi
| TO end the campaign of the anti-conser.
Vationists. They have prepared 10 fight
| a step further against the alleged indie
pendence or the forest reservations from
the state laws on the theory that the
federal government In creating them
holds the land merely as big land pro
prietor and not with any prerogatives OF
sovereignty.
The fight has arisen out Of the at
tempt of the United States to enjoin Fred
Light. a Colorado cattleman, from "al-
lowing his cattle TO trespass' on the Holy
Cross forest reserve in that state.
Despite Lights claim that the forma- =
ton of the reserve without the consent OF
the state was In violation of the federal
constitution and that action for trespa SIS
could not he maintained under the Colo :
rado laws, unless the land in question
had been fenced, the federal circuit court
issued the Injunction.
Colorado Joins Fight.
The case was appealed 10 the supreme
court and 1t was advanced for oral ar
gumeDt Monday, January %
Colorado has Joined in the fight against
the federal government Former Attorney
General j. T. Barnett heads the CORPS OF
attorneys carrying on the fight for Light
Among the attorneys are James II, Teller
and former Senator Henry NJ. Teller An
outline OF the arguments they viii pre-
sent TO the court has Just arrived in
Washington in q brief.
The brief develops the argument that
by withdrawing from settlement and i'm
provement the large areas OF land the
western states are not being treated on
an equality with their sister states all
In violation of the constitution.
Other states we're left free to de-
yelop through the settlement of public
having pasturaSe upon such lands and
timber therefrom for their necessities
until the entire area of lands having any
value became private property" 1t is
ITO withdraw large bodies of land is
to deprive state OF these advantages
and to deny to IT constitutional equall-
ties with other states"
from development and permanently ex-
empt from. taxation. Colorado has been
curtailed greatly in its right to develop
and i.os secure !, increase Of revenue. II Is de-
reserve In Colorado Is equal TO the area
of the states Of Connecticut. New Hamp-
shire and Massachusetts.
States Must Consent.
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 It is TO conserve |
ne national resources by providing for |
continuing supply of timber regulate |
ne How OF streams and preserve power |
;ites from being monoTsoiized.
II Is contended that the federal COW
'rnmenr was not created to carry on |
uch Il work. even the general welfare
'lause OF the constitution not being
'road enough to include this object. Even
the power did exist: II is argued II
ould not be exercised without the con
ent or the states directly affected
THAT the power to establish these re-
erves may be highly desirable" CON
inues the brief, "and that It can he
1ore effcctually exercised by the federal
overnment than by the states. need NOT
% denled-though the latter proposition
not here admitted-yet that affords No
round for asserting tho existence of the
over. "a ''''
This Is government OF enumerated
overs and the doctrine of inherent now
rs. which has. In recent years. been re-
lved by men high In authority. finds no
upport In the rulings OF this court,
IT is OF infinitely more Importance TO
s. IL is added In the brief "that the
ublic lands become the homes of liberty
wing citizens than. the supply OF timber
unborn generations should he CON.
srved. or that the national revenues he
lcreased by few paltry millions"