The Daily Missoulian., 1911-01-16
MAINTENANCE OF PRESERVES IN
WEST BEFORE SUPREME
COURT.
COLORADO CASE IS TEST
constitutonality Of Creation of Great
Reservations Will Be Threshed Out
Before Tribunal, Action Beina Be-
gun by Injunction Of Government
Against Fred Light

Washington, Jan. 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 unconstitu-
t1onal 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-cons ervationists. They have pre-
pared to fight step further against
the alleged independence of the forest
reservations from the state laws, on
the theory that the federal govern
ment, in creating them, holds the land
as big land proprietor and not with
any prerogatives of sovereignty.
Tho Cause.
The fight has arisen out of the at
tempt of the United States to enioin
Fred Light. Colorado cattleman.
from allowing his cattle to trespass
on the Holy Cross forest reserve in
that state" Despite Lights claim that
the formation Of the reserve without
the consent of the state was in viola
tion of the federal constitution. and
that action for trespass could not be
obtained under the. Colorado laws un-
less the land in question had been
fenced, the federal circuit court is
sued the Injunction
The case was appealed to the su-
preme court and 1t was advanced for
oral argument Monday. January 23.
Colorado has Joined in the fight
against the federal governments At
torney General John 7. Barnett heads
the corps of attorneys carrying on the
fight for Light. Among the attorneys
are James b. Teller and former Sena-
tor Henry NJ Teller. An outline OF
the arguments, they will present to
the court has just arrived lin Wash
ington in brief
Argument.
g The brief develops the argument
that by withdrawing from settlement
and improvement the large areas OF
land the western states are not being
treated on an equality with their sis
ter states, all in violation of the con-
stitution.
Other states were left free to de-
velop through the settlement of pub
lie lands their borders-the settlers
having pasturage upon such lands
and timber therefrom for their neees-
sities-untilA the entire area Of lands
having any value became private
property. It is argued in the brief
that Ito withdraw large bodies of land
Is to deprive a state of these adyan-
tages and to deny to it constitutional
equalities with other states
With one-fifth of its, area Withdrawn
from development and permanently
exempt from taxation, Colorado has
been curtailed greatly in its right to
develop and secure increase of reve-
nue., 1t is declared. 1t is shown that
the total forest reserve in Colorado is
equal to the area of the states of Con-
necticnt. New Hampshire and Massa-
chusetts.
Legitimate End.
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 the natural re-
sources by providing a continuing
supply of timber. regulate the flow Of
streams and preserve sites from be-
ing monopolized.
II. is contended that the federal gov
ernment was not created to carry on
such work, even the general well
fare clause of the cons titution' not
being broad enough to include this
OBJECT. Even if the power did exist.
it is argued. it could not he exer-
ised without the consent of the states
directly affected.
That the power to establish these
reserves may be highly desirable,
continues the brief, ''and that it can
be more effectually exercised by the
federal government than by the states,
need not be denied-theugh the latter
proposition is not here admitted-vet
that affords no ground for asserting
sthe existence of the power.
This is a government of enumera-
ted powers and the doctrine Of inher-
ent powers, which has. in recent wears,
been revived oy men high In author
lty, finds no support in the rulings
of this court
1T is of Infinitely more importancf
to u.s." it is added in the brief "that
the public lands become the hanles -
liberty-loving citizens than that the
supply of timber of unborn genera
tions should be conserved or that the
national revenues be increased by a
few paltry Millions