The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1911-06-01
GRAZING REGULATIONS UPHELD
BY THE SUPREME COURT.

| AaI' NVSuSuOnssl MA nUeO GOWN py the
supreme court, en May l, concerning
the right OF the government to com
Grol grazing nn the national forests
are OF great interest to western peO-
pie. @md especially to the western
StOckmen. The right of the govern
ment to control its own lands within
the various states and territories is
SO clearly defined HhAt it is regarded
by Secretary Wilson as establishing
absoIutely the position th se lands Uc.
cupy under the law."I ann very sure,'
said Secretary Wilson, that the
Stockmem of the west, as we'll las the
western people gen rally, will accept
this decision OF the supreme court at
it's full worth and that the contrVer-
Sy which has heretofore existed re-
garding The right to use the grazing
lands within the various national for
ests without permit from the depart
me-.t ol agriculture Will be brought
I'D In. nd.
'"The two cases decided were the 81
called Light case, which originated i'm
Colorado and the case Cit the United
States against Gr.mud d, Carajous ,and
linda, three California stockmen. I'm
the Light case lie of the principal
ISSUES joi. Ied was On the gu stiOn
Whe,Ller tn fence Laws of the stale
must be complied with in order that
dle UiA.ted ST. IT'S might sustain ac-
tion for trespass Oh the national n
ests. The California q se concerned
the question whethl violatiol OF Uhe
national forest gulations is punish
able as "a crime.
Light is a Col ralIo st0ckmal who
in 1906, turned his cattle loose ca pub
lic Land aQQacent TO the Holy Cross
al rtlonai forest i'll such a way uhat
they would naturally drift upon ma
kioh i forest lands. MI Light re-
fused to take any steps to prevent
sni4 and aIso rel,lsei to take out d
gr-zins permit 1T was maintained by
Lights lawyers that, inasnuch as the
l-Ws cf Colorado dO Lot allow a pri-
vate person any + mcg asai st own
efS O. sLOck whllh stray upon his
land unless the land is fenced, the
gover ment is without redress An
inJunctilLl was secured from TIL dis
trict court requiring MI. In 3ht SO to
hrndle 1lis tsocll as u preyu-t Them
from tregpassing upon the national fo
Nv, I ',Sl,t l1u IrCt, rot cd n
= do this ami, witIh uhe backing OF 9th
en- sfockmen oil his state tnd, event.
uaIly, III the state OF Colorado itself
which made a special appropri- @iOA
dlor1 thIe purpose, carried the case up
to THE supreme court for final
decision.
I'm the fort to establish the com
tentiOn thlt the government was
I wiring, NOT Oily the validity Of the
grazing regulations but the constitu-
tioM. M.lity of the entire natl nal forest
policy was challenged Gin every
ground which the counsel repr Sc IT.
ing the stock interests and the state
e Aere able to II ise. The fact that
their cOnte, tionS were, one after the
either set aside by clear-cut state
ments' IT the law is "a matter CT ex-
treme satisfaction to me. | neyerthe-
less believe that the stockmen who
have SO vigorously contested the g "
ernment's s position will fell uhi It they
have b en fairly dealt with both by
the department ard the courts.
In the second case, known as the
Grimaud case, the contention OF the
stockmetn was that the act OF c-m9ress
under which the secretary OF tgrlcul-
4 ture is authorized to make regulations
for the national forests, was unconotl
d DUtiodlal i'm sia i.r as it Vi !egated to
tn secretary of agriculture the pow
: er to make rules and regulations Ind
d mLEle) a violdticEl tlher5of penal Of
!, fense. The Unanimous decision of tn
u case is exceptionally clear-cut and IL
nal. The power CT congress to au-
: thorize tn, secretary to establish
I such regulations fer the Ldministra
tom OF these frests is absolute, the
u fun power to authorize the sccretar!
III to make these regulations and enforce
i them. The punishmu-t was fixed by
congress and tin secretary's regula
y ti,ms merely provided the methods O
enforcing the ttw and, i'm the event
s. of it's violation, of applying the pen
III aAV fixed by the law. AS the cour
u in its decision says, the secretary ii
III auth rized to regulate the occupa,-c!
and Mks and to preserve the forests
d from destruction A vi.il-ition of rea
= sOleble rules reguh-ting the use ant
occupancy OF the property is made ;
Prime, not by the secretary, but b!
II congress. The statute, not the secre
IN