The evening herald. (Klamath Falls, Or.) 1906-1942, 1919-02-07

gniUfs the HTHZlHH OI hHeep anu Cdt-
tie on the public range by providing
that any person owning Or having
, charge of sheep who herds, grazes
Or pastures the same. or permits or
suffers the same to be .grazed. or
pas,urcd on any cattle range Prev.
oualy occupied by cattle, or upon any
range usually occupied BY any cattle
grower, either as a spring, summer or
winter range for his cattle. IL guilty
OF mIBdcmeanor. and the prophet.
AIRY 81 pOsscssory right between cat
tie and sheep owners to any range
is determined by the priority In the
usual and customary use Of such
range, either as cattle or sheep
range
The proposed measur" IL no! nn
reasonable or arbitrary. II has been
found that conflicts between cattle
rangers and sheep-herders on the
( public domain could be reconciled
only by aggregation. In National For
eRts where the use Of land IN regula.
| ted by federal government. the plan
Of gregation IL widely adopted, and
! II II not an arbitrary discrimination.
10 give preference to cattle.owners In
| prior occupancy without providing
| for.a like preference tn sheepowners
! IN prior occupancy, for experience
shows that sheep do not require pro.
/ lection against encroachment by cat.
! tie. and that cattle-rangers are not
7 likely Il cncrOach upon ranges preVi.
! ously occupied by sheep.herders. The
propriety OF treating shetp different
! ly than cattle has been generally re-
| cognized,
The constitutionality of this meas.
ure has been tested In the Supreme
! Court OF the United States and was
I upheld The primary object OF this
= legislation is to prevent breeches OF
! III, peace. The incidental protection
which Il thereby affords to cattle
owners does not purport to secure to
any of them. or to cattle-owners co..
lectiyely. the exclusive use and oc-
cupancy OF any part OF the public
lands. for every range from which
| cattle are excluded, remains open not
only TO all cattle, but also to horses,
! OF which there are many In this sec
ton OF the State Congress has not
conferred upon citizens Of the United
States the right to Craze stock upon
public lands The government has
merely suffered the lands 10 be 80
used IL is because the citizens pos.
sess no such right that II was held
hy the court that the Secretary OF
Agriculture might. In the exercise OF
his general power to regulate forest
reserves, exclude sheen and cattle
therefrom, At the conference of the
Governors in 1905 a discussion OF
this subject was had, and quoting
from their reports: I'm the prolonged
discussion OF the proposal to correct
the abuse of open range by leasing
government grazing lands, the pro-
lrrietv OF safeguarding rights as de-
termlned by priority OF occupation
and use. has been generally inststtd
upon
The proposed measure Is not in
itended to prevent the owner from
grazing sheep upon his own land.
although situated within two miles OF
the dwelling of another. The sheep
and cattle owners have an equal
right with other. and the State should
have an interest In these rights.
The mere distance expressed shows
nothing. II does not display the ne.
cessities OF a settler upon the public
lands. II does not display whq1 pro-
lection is needed: not from one sheep
but from large flocks OF sheep. or
the relation OF the sheep industry to
other industries These are some OF
the considerations that make the pro.
posed measure necessary.
Now. Mr.. Reader. MIR. Settler. Mr..
Stockman: The sheep men have ex.
rrcsscd their desire to control the
puhi!c Lands. to tat off the grass
around your homes, 10 drive y0u nut
Of the business OF raising few head
OF cattle or horses, and have written
| teleprnnhcd and teleDhOned TO your