East Oregonian : E.O. (Pendleton, OR) 1888-current, 1911-01-04
COURTS UPHOLD
GRAZING RULES
SHEEP MEN IN NEW
MENICo ARE FINED
Authority OF Secretary OF Agriculture
70 Prevent Grazing of Livestock on
National Forests Without Permit Is
Fully Upheld.

The authority of the secretary of
agriculture TO prevent the grazing of
livestock on the national forests with
out a permit has been sustained in
New Mexico by action of the federal
courts in three cases in which the de-
PENDANTS had caused or permitted
stock to trespass upon the Alamo for
est in defiance of the regulations.
Because of the belief which has
been current among stockmen of
some localities during the last year
that the regulations of the secretary
of agriculture with regard to grazing
on the national forests are unenforce-
able, the New Mexico cases are re-
garded by officials of the department
of agriculture as particularly timely
and valuable. The recent disposition
TO question the validity of the regula-
tons has evidently been due to the
entirely natural desire of the stock
men to assert what they supposed.
though mistakenly, to be their rights
under the law as interpreted by the
courts. Secretary Wilson considers
that the effect of the action taken in
the New Mexico cases will be to clar-
ify the situation materially, and to
promote a better understanding of the
legal rights of the department.
The misconception which has led
stockmen to suppose they might Craze
their stock on the national forests
without taking out a permit and pay
ing the grazing fee was due to the de-
cision rendered by the supreme court
of the United States last March, af-
firming decision of the United States
district court for the southern district
of California, by Judge Wellborn. that
violation of the grazing regulations is
not punishable as a crime. This de-
cision of the supreme court, however,
was by an even division of the JUS
tices, and therefore did not decide
the general question one way or the
q other, but merely affirmed the deci-
sion of the lower court in the particu-
lar case. The supreme court has
granted a rehearing of the case in or
der that the question may be passed
upon by full bench and authorita-
lively settled, and this rehearng will
soon take place. But the authority of
the secretary to prevent grazing ex-
cept in accordance with his regula-
pend upon affirmation of the power
of the government to punish viola
ton of the regulations as crime This
is made clear by the action in two of
the New Mexico cases, while the
third case illustrates the fact that the
affirmation of Judge Wellborn's de-
cision by the supreme court has no
binding force in case other than the
particular one then before the court.
In the case OF Sam Cope and s. o.
Cope, defendants. and of G. W. Jer-
nlgan. defendant, injunctions were
granted by the federal district court
TO prevent the continued grazing Of
stock owned by the defendants upon
the national forests. The ground up
on which these injunctions were
granted was not the power of the gov
ernment TO punish violators of the
regulations through crimrnaI proceed
ure, but was the right of the govern
ment to bring civil action against the
owners of stock which trespass upon
the property Of the government. In
the Cope case punitive damages were
Imposed by the court for wilful tres
bS7Si - N@AAN4OA 10 an award OF xI9
for actual damages sustained. The
amount Of the actual DANCE was de-
termined by the finding Of the court
that the value Of the grazing privil-
ege IN tn Alamo national forest was
$3.50 per year for each head of cat
tie or horses.
This case is the more decisive as to
the authority of the secretary to en-
force the grazing regulations from the
fact that an attempt 70 rpaessa
against the defendants tfimiAaiiy had
failed because Of TIE refusal of the
grand jury to bring an indictment
against them. In the third Of the
New Mexico cases, however, such an
Indictment was found by the grand
jury against J. w Van Wrinkle, for
having grazed 1000 head Of goats up
on the Alamo national forest without
a permit AS a result of this indict-
ment Van Wlnkle was arrested at AL
amogordo by a deputy United States
marshal and bound over for appear
ance at the April term of the federal
court