Evening capital news. (Boise, Idaho) 1901-1927, 1916-03-25
Use OF RANGE is
QUESTION BEFORE
The LAND BOARD
Attempt Is Being Made to
Settle the Controversy
Between the Large and
Small Stock1nen.

men anu ENOChkAlGu OL Auhtlb WAS IuS
paramount issue that faced the state
land board at q meeting held this
morning. It resulted In an agreement
being reached by which the sheep and
stockmen went into session at 1880
o'clock this afternoon in an attempt
to agree on rules that will be mutually
satisfactory to each. They will report
to the land board at o'clock as TO
whether or not they viii be able to
come to an understanding, and IL SO,
what it is. There were four members
of the board present, Governor Alex
ander, state Auditor Huston. Secretary
of State Barker and Miss Bernice Nc
Coy, superintendent of public instruc-
ton.
The stockmen were represented by
Charles w. Thebaud Of Bliss, vice pres
ident of the Idaho Cattle & Horse
Growers association; S. r. Blackwell
Of Glenns Ferry, a member Of the
executive committee of the above asso-
citation; Lee Barber of Eagle, also a
member of the executive committee;
Frank Gardner, a we'll known banker
and stockman of Eagle; Mr.. Pence OF
Pnyette, president Of the Payette Cat
tie Growers association; Mr., Kesgard
Of Emmett, chairman of the executive
committee of the Payette Cattle
Growers association. Senator Ravenel
Macbeth, representing the Idaho Cat
tie & Horse Growers association, OF
which he is a member. at the request
OF many other members; Herbert
Lemp of Boise and others.
The sheepmen were represented by
James e. Clinton OF Boise, Worth Lee
of Mountain Home and Andy Little, all
members Of the executive committee
Of the Idaho Wool Growers associa-
ton; Nathan Kicks, also a member OF
the same executive committee, to-
gether with Robert Chattin and others.
Where StoelSmen stand.
The following resolution was intro
duced at the afternoon meeting OF the
land board by Charles w. Thebaud OF
Bliss, vice president of the Idnho Cat
tie & Horse Growers association, one
Of the strongest organizations of It's
kind ever perfected In this state, and
represents the views Of its $500 MEM
bers:
Provided, that no lease shall be en-
tered into by the state board of land
commissioners that shall be in VIC
Iation Of or in conflict with the pro-
visions Of sections 1917, 1918, 1918,
which refer to the two mile limit law
and section 6817, which refers to the
grazing of sheep on the cattle range
Of the revised code Of the state OF
Idaho
The conflict before the state land
board over the rules to be adopted is
divided into three issues (which, as
the showing today indicated, are sum
married. as follows:
First-The sheepmen believe they
are entitled to range their sheep on
state land providing they secure the
land at the highest bid, irrespective of
the two mile limit law or of the fact
the land may have been used for stock
range.
.Seeond-The small stockmen want
the two mile limit law rigidly enforced
inso- ar as the herding or grazing of
sheep near their farms are concerned.
for their protection and to make some
of the range available to them.
Third-The large stockmen want the
cattle and stock range protected to
them. where 1t Is commonly known as
cattle range and maintained exciu-
sively 30, thereby preventing the sheep
men from entering it.
What Court Said.
The supreme court handed down a
decision Oct. s. 1915, in the case en-
titled State of Idaho versus Secundino
Omaeehevviara wherein 1t held a cat
tie range in this state has q well-de-
fined meaning, and so has a sheep
range; and this meaning is fully re-
sognized by persons engaged In the
two industries.
"That section ss72 revised codes. is a
police regulation and must necessarily
be construed with and as a part OF sec
ton 1914 revised codes, which provide.
In every crime or public offense there
must exist a union, or joint operation,
of act and intent, or criminal negli-
gence.' In other words there must be
an intent to violate section ss72 revised
codes, supra. as well as the act Of driv-
ing or herding sheep upon a cattle
range, in order to warrant a conyic-
ton OF the defendant"
Do Not Want TO Discriminate.
The larger cattle owners argued be-
fore the board today that the supreme
court opinion IN the above case pro-
tects their range and that sheep own
ctH nHuhiN nut Do pcTIHAtlSA 70 DIG On
and take over for range purposes lands
within their range. The smaller stock
men contended that they have a right
TO the enforcement OF the two-mile
limit Law for their protection.
The sheepmen argued that IT was I'M
fair TO block them from the range even
by the two-mile limit law or by the
construction placed on the law that
they eoudl not BID on and secure state
lands under a lease within cattle
range.
It vas the claim OF the cattleman
that the state land board members
have changed front with regard 10 the
two mile limit law and that while they
appeared some time ago TO favor the
leasing OF no state land within the two
mile limit to sheep men. the rule SUBJ
mitted Tor consideration today seems
10 favor doing this.
Members Of the land board take the