The Birmingham age-herald., 1911-01-16
ATTACK IS PLANNED
 UPON MY POuC|ES!'
Roosevelt's Conservation Plans
 May Be Upset
APPEAL TO THE COURT
Government for Trespnss of His Cattle and the Case Is
 Appealed

Wasn1ngton, January 15-An attack on the conservation policies inaugurated by the Roosevelt administration, more serious probably than any heretofore made, will be contained in an appeal next week to the supreme court of the United States to declare unconstitutional the creation of the big forest reservations of the west
 Failure to win on this proposition Is not to end the campaign of the anti-conser- vationists. They have prepared to fight a step further against the alleged independ- ence of the forest Reservations from the state laws on the theory that the federal government in creating them holds the land merely as a big land proprietor and not with any prerogative of sovereignty.
 The fight over the conservation policies of the government has arisen out of the attempt of the United States to enjoin Fred Light, Colorado cattleman from "allowing his cattle to trespass upon the Holy Cross forest reservation, in that state." Despite Lights claim that the formation of the reservation without the consent of the state was in violation of the federal constitution and that action for trespass could not be maintained un- der the Colorado laws unless the land had been fenced. the circuit court of the United States for the District of Colorado issued the injunction. The case was appealed to the supreme court of the United States.
 Advanced for Argument
 It has been advanced for oral argu- ment on Monday, January 23.
 The state of Colorado has joined in the fight against the federal government. Att torney General John T. Barnett heads the corps of attorneys carrying on the fight for Light. Among the attorneys are James H. Teller and former Senator Hen ry M. Teller An outline of the argu- ments that they will present to the court has just arrived In Washington in a brief
 The brief proceeds to develop the. ar gument that by withdrawing from settle ment and improvement the large areas of land the western states are not being treated with the equality of their sister states, all in the violation of the consti tuition.
 "Other states were left free to develop through the settlement of public lands within their borders-the settlers having free pasturage on such lands and timber therefrom for their necessties-until the entire area of lands having any value be- came private property"
 Denial of Equality
 It Is argued in the brief Ito withdra W large bodies of land Is to deprive a state of these adv antages and to deny to it constitutional equality with other states" :"
 With one-fifth of its area withdrawn from development and permanently ex- empt from taxation the state of Colorado has been eurtailed greatly in It's right to develop and secure increase of revenue. it is declared. It Is shown that the total forest reserve in Colorado Is equal to the area of the state of Connecticut, New Hampshire and Massachusetts. The ques- ton Is asked as to what is the legiti- mate end, within the scope of the consti- tuition, which Is to be subserved by the system of reserves. According to the brief the general answer is that 1t Is to conserve the national resources by pro- viding for a continuing supply of timber to regulate the flow of streams and pre- serve power sites from being monopolized
 General Welfare Clause
 It is contended that the federal gov ernment was not created to carry on such a work, even the general welfare" clause of the constitution not being broad enough to include this object. Even If the power did exist, 1t Is argued that it could be heard with the consent of the states di- rectly affected.
 That the power to establish these re- serves may be highly desirable,'' con- tinues the brief, land that it can De more effectually exercised by the federal government than by the states need not be denied, though the latter proposition is not here admitted-yet that affords no ground for asserting the existence of the power. This is government of enumer- ated powers and the doctrine of inherent powers which has in recent years been revived by men high In authority finds no support in the rulings of this court"
 "It is of infinitely more importance to us," the brief adds, "that the public lands become the homes of liberty loving cit izens than that the supply of timber for unborn generations should be conserved or that the national revenues be increased hv A few naltrx millions" |"