Show FOREST SERVICE V ICE NOTES washington fib feb 2 states attorney carl kasch Ita seli of montana Mont atin lin has noti notified lied gifford pinchot Pin cliot chief of tile united states paip borost t gurvic Sur vic that the united states circuit court of appeals it at sun franisco ha hits alio lie decision 1011 of judge blunt in tile grazing trespass cio instituted ly by tile Cl government overn thomas Sha tion no 0 o copy loay of tile decision has yet been received 1 by tile I 1 dorest Su ivice but it is is believed that it forbids nit to nl low khoii battlo toil rift tile nut national anti that the national ats ts need nut not bo be fumed to prevent lall abich drifting the state ians may inaldo huch fencing ry for foi lie private lands lit in december IWI shannon allowed his cattle to drift upon tile little holt belt national dorest in Alon alontoga tona to ti put a otal to fill aliis suit hint was ni by tile the united sinks und and on march lIni cli 18 1007 judya hunt in ill united bourt for that state tendered lendu iud it favor of tile und find issued all injunction perpetu ally re robt staining ninin shanon front from allowing his bis cattle to 0 crift alio forests montana muntona hug has a fence law by which and owners inest fence their finds before they can obtain ro 10 dress front from stockman whose cattle feed hig imil the alio open public dol dollicia linia range upon and injure the private lands Sh shannona annons nona council argued that tail auto law should apply as against I 1 tho the united states St atLo lut but judye judge hunt livid that tile power of condri Con gri KS over public latida tho national forests is complain that congress Con gresH has lawfully delegated to tile secretary of agriculture the authority to make regulations regula tiona to protect ohp tho V lilt orest P 04 1 ro tary tar Y lui diat liat cuttie must not upon tile forests with ot out it permit find that consequently shun non wits was a trespasser when lie he allowed his entity upon tile the little bolt belt foiest although altho tigh it wits was unfenced shannon appealed front from thi alna s deci decision sidn and montana is in tho the ath federal judicial circuit which most of tile rocky Aloun mountain tain anti and pacific states iii hii s appeal was heard by tile united statts circuit court of appeals for tile oth circuit sitting hitting nl at san fran fian ei cisco s c 0 tile tho court lias has now flow affirmed audgo hunts decision arid and tin this s judg ment is binding upon all federal courts in in tho circuit A is ia pending in tho the united states circuit court tot foi Cl colorado orado which aich is la in tile 8 circuit |