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Show LAI AND GRAZING 1 CASESJFJ01ENT j Vast Importance Attaches to De- cisions to Be Rendered hy if Supreme Court. H Hi QUESTION INVOLVES RIGHT 1! I TO. TRANSFER DESERT ENTRY I j Criminal Prosecution of Sheep- fig '. ni.cn on Forests Will Also ffl Be Determined. M WASHINGTON, Feb. 6,-Attonieys Rji on both sides of the controversy are tjunli preparing for the final determination by TO the supreme court of the United. States W i of he long mooted' question whether Bffl rights to- desert' land entries may be Bgfl) transferred before reclamation has been wBi i made; Mmu A case involving that point has been WM sob for argument before flic court on February 21, At the same time, tho 9P court is to hear arguments. as to wheth- ffiSfi er it is n crime against, the -United iBa States to graze sheep in a forest reser- Ifl vation without permission of the gov- Wffl eminent. ' The question of the right to trans- ma fcr a desert hind ontry arises in a crim- Mjfj inal prosecution. William II. Hammers flM of southern California was indicted in Wrf the federal court for the southern dis- Ml trict of California on a charge of com- HH milting perjury in an affidavit made Wm in the interest of Bculah Bbsc Beek- Hr ler, to the effect that improvements of EM a certain value had been made on des- Kt crt land in Imperial county, Cal. HI Transfer of Entry. In defouse, it W3S set up thai the Bm land in question had been entered bv IW Granville M. Doyert on August 14, IflO". HEI at the lanrl ollice iu Los Angeles and HI that the attempted transfer of his H rights in the land on August 2b 1907, to Bculah Rose Bcckler was void be-cause be-cause 'the right to make such transfer was not possessed by Boyer. It was jH argued that, as Boyer did not possess H9 such a right, the aGidavit of Hammer's was immaterial. The. district court sustained the de-fensc, de-fensc, and the government appealed to tho supreme- court.. Tho ipiostloti of tho. ability of an en- tryman to transfer a desert land entry HI has boon considered b' thp. court be- Hjl fore, (in the previous occasion thu BB court held that, uudcr the desert land HH act ot' 1.S77. jho-entryman had no riyhb which ho could sell or transfer. The WU government's contention in the pros out case is that under the desert land act of .lSU.l. such a right is given the cntrvniau. HI It is said thai thousands of persons Rn who have obtained their land by trans- IH j'er. under the desert land act of J SO 1 , BJ will be affected by the decision. This is regarded as trucv particularly of the mm Imperial - alloy in California. HI Sheep on National Forests. WfM Whether it is a crime to graze sheep without, permission in a foiVst. Toser.e nj has nriRj in tho indictinonts of Pierro mM Grimado, J. P. Carajons and Antonio BJ .Inda, sheepmen of California, who wore HJ charged with having grazed their sheep BJ without the permission of tho govcru- BJ mom, in tho Sierra forest reserve in BJ California. Those indictments were all brought BJ in the fedoral court for the southern district of California. BJ Bv net of congicss approved June t. BJ lSi'f, the secretary of the iutcrior. and later the secretary of agriculture, was BJ directed to make provision for tho pro- BJ teclion of the forest reserves. It was BJ provided that, any violation of the pro- B. visions as made should be punishable BJ according to the revised rtatutes. Hj Tn 1906. Secretary Wilson prontul- Bjj gatoil :. rogulalion requiring all persons BJj to obtain a permit before grazing ah- JWt imaN in a fores' reserve. It was by BJ roasou of alleged violations of this rog- BJ ulatiun of the indictments were brought. BJ Attorneys for the sheepmen contend- BJ ed. however, that the act of ISO? was mm void, so far as it attached ponaltied BJ to anv violation of regulations there- after "to bo made, because it sought io BJ provide a penalty for a .'rime not com- BJ plotelv dolinod. ft was also argued that HJ tho acl was an attempt to confer legis- H9 lalive authoritv on an executive officer. BJ The court sustained the defense, and BJ the government appealed to Ihe su- BJj promo court. H |