The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1920-11-18
U. S. COURT UPHOLDS
FOREST SERVICE
Order Issued Requiring Squat
ters in Bear Valley to Va
cate by Dec. /.


Federal Judge Frank S. Dietrich has
ordered Chas. l.. Smith and e. n.
Hussey to vacate the lands they
squatted upon two years ago in Bear
valley in the Payette National Forest
in defiance Of the order of the secre-
tary of agriculture closing it 70 aet.
tlement The decree restrains the
defendants from further trespass aEd
requires payment for the damages
committed.
I The cases we-e tried IN Boise, 0c-
.obe- Z, Hawley : Hawley being ~
torneyx for tEe defendants and U 5.
District Attorney J. L. McCles- and
E. S. French, assistant to the solici-
tor, for the department of agricul-
ture, appearing for the Government
In the various Legislation passed
by congress to govern the national
forests, the power was delegated to
the secretary Of agriculture to desig-
nate and open to entry the lands in
the national forests considered chief
ly valuable for agriculture.
Bear valley contains several thous-.
and acres of high mountain meadows
ranging in altitude from 640O to 740o
feet, which is from 1900 to 24O0 feet
higher than Long valley where the
harder crops are oftimes injured by
frosts.
After an extensive investigation of
climate, soil, and water development
by forest officials, covering period
of years, the secretary of agriculture
in 1915 finally classified the area as
non-agricultural and not subject to
entry under the laws providing for
allowing homestead entries in the ma
tional forests, and thereafter local
forests officers were not authorized
to accept homestead applications for
this area
The meadows make excellent sum-
mer pasture for stock fed in the ir-
rigated valleys, and experienced engi-
neers, after an investigation, report
ed it as one of the largest and most
feasible water storage reservoirs to
be found in southern Idaho.
In August, 1918, Charles L. Smith,
E. NJ hussey and several others en-
tered upon this area and staked it
out in group placer claims Of 1bU
acres each and proceeded 70 erect
buildings. cut wild hay and keep the
permitted stock off the claims.
There arc no restrictions of law
or regulations laid upon mining CT
in national forests. The
law requires that there be valid dis
covery of mineral before making To-
cation and the rules governing the
forests limit q prospector TO
the amount of grazing land actually
needed in carrying on his work
These locators refused to answer the
local forest officers inquiry ~ TO
whether or not they had made = valid
discovery Of mineral before making
heir location, and the forest service
vas obliged to call in mineral experts
% examine the claims and pass upon
their mineral vxlues before action
'or trespass could be brought
In their answer to the complaint
he defendants threw away AL pre-
,ense Of holding under lie mineral
avs, basing their defense upsn the
egal right Of the president 10 include
lon-tinibered lands In his pruclama-
ion creating nationAl forests end Of
he secretary Of agriculture b calssi-
y and retain them after inclusion.
After listening to the arguments ON
9th sides the court ruled IN favor Of
hs gOvsfninent = ths EelIswing DE-
re:
ut b hersby ordered, adjudGsd and
ecreed that tie plaintiff is the owner t
ntitled to the exclusive possession Of e
he land meationod in the satd com :
lafnt, and that tie defsndan. has
o right thereon, md taAt he remove
Aerefrom on or bezofo December 1,
$40, and that the defendant he and
. Ii hereby enjoined and restrained
rom trespassfng on the lad men t.
oned In said complaint or from main d
ltning bNjldinkS thsGeon, o. residen- :,
y thersnn, or from cuttiAg hay from =
nd land, or m any way interfering q
18th the pttsGssion Of the p.aintiR i
;ereon, and that plaintiff hGve fudg- r
'ent for SO dA1agss, teessher with !,
le costa
The Smith and Hussey eases were
rought ~ test BY the government :.
I'd action is being institutnd against :
others who have squatted upon :.
'e Payette and other national for y
IS, to obtain 4 simil1r decreA.