Semi-weekly herald., 1911-05-25
SPRAYING REGULATIONS up
HELD BY SUPREME COUNT


interest to western people, and es
pecially to the western stockmen. 1h
right of the government II htf"
its own lands within the various state
and territories is so clearly define,
that it is regarded by Secretary vii
son as establishing absolutely the pc
sition these lands occupy under til,
law.
Wilson today, that the stockmen o1
the west, as well as the western peo.
pie generally, win accept his decision
of the supreme court at its full wa, III
and that the controversy which has
heretofore existed regarding he right
to use the grazing lands within The
various national forests without per
init from the department of yricui.
ture will be brought to an end
"The two cases decided We're the
sO-called Light case, which originated
il. Colorado, and the case of the Unit
ed States against Gimaud, Caraious,
and india, three California stoeLmen
l. the Light case one of the pin
cipal issues joined was on the ques-
tion whether the fence laws Of the
state must be complied with in order
that the United States might sustain
action for trespass on the national
foiests. The California case concern
ed the question whether violation OF
the national forest regulations is pun.
ishable as a crime.
Light is a Colorado stockman who,
in 1906, turned his cattle loose on
public land adjacent to the Holy C.Jss
National forest in such way that
they would naturally drift upon ma
tional forest lands. Mr.. Light refused
to take any steps to prevent his and
also refused to take out grazing
permit. 1t was maintained by Lights
lawyers that, inasmuch as the laws Of
Colorado do not allow a private per
son any remedy against owners of
stock which stray upon his land un-
less the land is fenced, the government
ia without redress. An injunction was
secured from the district court re.
quiring 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 stockmen
Of his state and, eventually, the state
Of Colorado itself, which made spe-
eial appropriation for the purpose,
carried the case up to the supreme
court for final decision.
"lrNlhe effort to establish the con
tention that the government was
Srong, 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 heir con-
tentions were, one after the other set
aside by clear-cut statements of the
law is matter Of extreme satisfac-
'tion 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.
"In the second ease, known AS the
Grimaud case, the contention of the
stockmen was that the act of congress,
under which the secretary of agri-
culture is authorized To make regu-
lations for the national forests, was
unconstitutional insofar as il dele
gated to the secretary of agriculture
the power 10 make rules and regu-
lations and made Il violation thereof
sion of the case is exceptionally clear
cut and final. The power of congress
to authorize the secretary to estab-
lish such regulations for the admin
istratiOn of these forests is absolute,
the court holding that congress had
the full power to authorize the secre-
tary to make these regulations and
enforce them. The punishment was
fixed by congress and the secretarys
regulations merely provided the meth
DDS of enforcing the law, and in the
event of its violation, of applying the
peSalty fixed by the law. As the court
ia its decision says, the secretary is
authorized to regulate the occupancy
and use and to preserve the forests
from destruction A violation of rea-
sCnable rules regulating the use and
occupancy of the property is made a
crime, not by the secretary, but by
congress. The statute, not the sec
rotary, 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 lit
tie for some time because the stock
men themselves, although originally
inclined to resent the interference of
the government with their long and
uncontrolled use of the lands now