| Show TIMELY WARNING I TO SHEEP OWNERS I Supervisor Marshall Galls Calls Attention To Judge Hawleys H Decision I SOJIE SOllE POINTS INVOLVED Law to Ieri amid anil failure l ii NM iI ul So SD i S the Ilia Court D S Marshall supervisor of ot the forest forett resene Is II In the city come cOmo down from his bile home borne In lamas last night Mr Marshall la is Interfiled interested In the decision hound hand od U down recently by Judge Hawley of ot the thi United States circuit court coutt of ot ap up appeals peals pIR as the question Involved aff affects t the th heep Interests of ot not flot only Call f rna which MIH IUS directly In the matter but also alto those thOle of Utah and nd other oilier western states state so 10 o far as ns a grazing on government forest re reserves la Is concerned The rhe case eRSt which brought forth the by Judge Judt Hawey was wan that of ot the United States Stat vs August Duter Ignes et ct al aI In which Judge Julge tty issued an Injunction and subsequently tired the thet defendant 1100 each for con eon contempt Wn tempt t of ot tUb itie order restraining them Item t their sheep upon the Stan Sinn SinnI StanIslaus I laus forest re ne which decision defendant apPealed from and which In 10 the order of ot the lower court urt being anti she sheep ti men In ii Inthe the district presided over oer by b Judge Hawley perpetually enjoined tom tomu their flocks on govern forest for st re reserves III In their appeal tIm thu contention of ot tri th sheep hep men wn that they the were being usIng ll that they the hail had un ami Implied license to pasture their th lr shed hc i the thu public domain antI and the time thenet act net of ot JUlie June 4 1897 1807 II i ae uS 8 an au of ot leg 1 authority to I an all on these points point Judge Hawley Halley says Thero are Bro many man acts nets of Congress which are lire regulated by direct 1 lion lou wherein provisions lons urn am n ado ade concerning the subject matter thereof ami aumI In iii such atts arts wherever It becomes necessary so 80 to I do ilo II authority II n ay be 1111 conferred and amid ant power gIven Ien to toan toan an al oller who Is 19 re rv required by the lie law In to act at under antler unter Its Is gen general eral provisions to prescribe lr the tIme details which must he be e pursued In tn the execution tion ton lou thereof for as was Bald by ly b r C Justice In iii Wayman vo vs South Southard Southold old aid 10 Wheat 1 I 43 Congress mal mav delegate telete to others power which the legislature may rightfully ex lt oU l The rule and regulations prescrIbed by b tIme the secretary of ot the interior do not unjustly or Illegally discriminate against the owners owner of ot sheep he hep p They lle do dorot donot donot not rot draw dra I an nn arbitrary distinction b be beto to sheep and mund cattle callIe or other live livestock le livestock stock they tho do not create creat any 11 improper classification or any special privileges Ille ls In violation olaton of ot the tIme provision lon lonor of or time the constItutIon They simply carry carryout can out omit Olt the time object und and Int purpose e of ot the tho law lawIn In Iii II regard to the forest furest forst reservatIons 1 as I a n species of ot livestock lostock are arc separable from ier r and 11 are art BO so treated trul In the tIme laws lairs of ot tim th several states A law lau which I n a f license to herd hert and amid pasture sheep Is I not nol unconstitutional and ant does not eon con an nil Improper The secretary of ot the tIme Interior hav hay having lug ing under the lie law 11 power lower to tIme thc occupancy and use u and amid to pr tire 1 IVO the forests toe tR thereon from destruction loll tion has hiI the right to proscribe such uch r U an aM a a will wil I II t S I mm In such fich reservations any class clas of ot livestock Ilch in ht I Ott to W uv 1 t u l u I a u I It t of or th the Such Sueh rules rues antI ant regulations r do not tome come within the Iho ban of ot class legislation prohIbited prohibit 1 by L the lie til The rue rules rule and andre 11 re operate alike on all ni per Iler percent cent and amid property elu I I fl and ld do d not deny to any one thc thO equal e ual ot cg o time thu tit law There Thel IH la no M against legislation of ot this gen general gOI eral er I Fuch Iuchi Is Ii the thic tenor of ot the decision l hand 1 od ed down hy by 1 Judge hawley and no mis It upholds the decision of or Judge decision was wag declared by h Judge Judg Marshall of ot the federal court to l lI he erroneous It I Is Important that sheep heep men amen Jn be mado acquainted wIth wih the situa situation tion ion Supervisor Marshall while ex ox experiencing 1 no difficulty on this score scort It at t present prent sounds a 1 warning note be 0 fere t n It comes comos as 18 he says IS all nil tr tm upon litton the tho forest reserve 11 Ihl be b dealt r alt with wih In with wih this ruling of ot Judge Hawley and th the such rules and regulatIons governing 1 i er |
