The Ontario Argus. (Ontario, Or.) 1???-1947, 1916-07-06
LEGAL BATTLE
OVER BIG RANGE
A. G. Butterfield, Sheep.
man, Coveted of Using
Cattle Range.

court Of Washington county, Judge
Edward Bryan presiding the jury
late Tuesday night brought in YER
dict OF guilty in the case of the state
versus A. G.. Butterfield, the big
sheepman thus being convicted on the
charge of herding and grazing sheep
upon a range previously occupied by
cattle. This widely known breeder
of pure bred sheep some time ago
was convicted upon the same charge
in the probate court OF this county
from which he took an appeal to the
district court where he was again
convicted through the action taken
by the Jury after hotly contested
trial. II is rumored Mr.. Butterfield
will appeal to the supreme court OF
this state to test out the contraction
OF the statute as II applies to the
range in Washington county.
This controversy is over the con-
struction OF section 6s72 OF the Idaho
revised codes. This section was held
constitutional by the Idaho supreme
court In the case OF the state OF Ida
no versus Horne, decided IN October
1915.
Section 6S72 reads as follows:
Amy person owning or having
charge OF sheep, who herds, grazes.
or pastures the same. or permits or
suffers the same TO herded, grazed
or pastured. on any cattle range pre-
viously occupied by cattle. or upon
any range usually occupied by any
cattle grower. either as a spring.
summer or winter range for his cat
tie. Is guilty OF a mlsdemeanor; but
the priority OF possessory right be-
tween cattle and sheep owners to any
range, is determined by the priority
In the usual and customary use OF
such range. either as a cattle or
sheep range"
The case against A. q. Butterfield
is the result OF long standing con-
flict between the cattlemen and sheep
men az TO the priority and right as
TO the range. The range In ques-
tion In this particular case extends
along the breaks OF the Snake river
conan cncing az point 10 miles west
OF Wo,scr and extending north dis
tance OF about / 9 miles. This range
covers an area OF about eight miles
vide aud 20 miles long, In this
area arc ioaad Warm Springs creek
Hog creek. Grouse creek, Little Rock
creek and Big Rock creek
This range was used for grazing
horses and cattle since the early
seventies. Il is the outlet for the
farmers In the Weiser flat west OF
Weiser About so farmers in the
weiser flat and about 20 homestead
ers are interested in this as a cattle
range. IL was one of the best cattle
and horse ranges In western Idaho
for many years,
. II is said sheep in small numbers
began 10 be put ON this range in
1885. In later years large numbers
of sheep were run over this range
and grazed there in the spring, on
the way to the higher mountains. In
the fall the sheep were brought back
This
program is said to have been follow
ed by the sheepmen year after year
It is reliably reported that 10000 TO
10000 sheep have been put on this
range in recent years, It is said that
as consequence OF so many sheep
grazing there this range is practi-
eally destroyed for the cattle and
horses owned by the so or more small
farmers.
The case of the state against But
terrified arose over the latter putting
sheep on this range this spring, re-
sulting in the conviction of the de-
fendant on a misdemeanor charge,
The conflict between the sheepmen
and cattlemen in this county has be-
come so acute that either the sheep
must be withdrawn from this and
some other ranges, or the small cattle
growers m the valleys must go out
of business Il is said the sheep in
terests here are combined in their
opposition TO being pushed off the
range in this controversy, 1t Is re-
ported there are about dozen flock
masters who in the past have been
putting sheep on this range to Craze,
This case is being watched with
great interest by the sheep and cattle
men of this entire section of Idaho,
Prosecuting Attorney James Harris
and Lot l.. Feltham were counsel for
the state. Ed r. Coulter of Weiser
rs...,. % n,fla a ra fha do