| OCR Text |
Show L.',, NEW MEXICO COURT8 8U8TAIN K SECRETARY OF ACRICULTURE Kr BBBf Washington, December 31. Tho au- B- thorlty o( tho Secretary of Agrlcul- K ttiro to provent tho grazing of llvo- K gtiock on tbe National Forests without 1 permit has been sustained In Now B ntaxlco by notion ot tho Federal BBB courts In threo enses In which tho BBB tlofondants had caused or pormlttcd R jHinok to trespass upon tho Alamo BBB i'Vircst In defiance of tho regulations. B llccaiiso of tho belief which has BBB 7)con current among stockmen of soma H' Joeolttlcs during tho last year that tho H regulations of tho Secretary of Agri- BB' culture with regard to grazing on the BB - Natfonnl Forests nro unenforceable, BB 1 tho Now Mexico enses nro regarded by BB officials of tho Department of Agrlcul- B luro nH particularly timely nnd vnlu- BiL able. Tho recent disposition to quos- Bl "on tho validity of tho regulations B v' lias evidently been duo to tho on tiro- M? h' natural dcslro of tho stockmon to BB nsscrt what they supposod, though H mistakenly, to bo their rights under BB ' tho law ns Interpreted by tho courts. BB ? Secretary Wilson considers, that tho BBB uffect of tho action tnkeu In tho Now m Mexico cases wilt bo to clarify tho B v situation materially, and to promoto a m ii bettor understanding of the legal HS rights of the department. B b 'I ho misconception which has led H ff Htockmon to suppose tboy might Bfl ' , graze their stork on tho National For- B csts without taking out a pea ml t nnd B pay In it the grailng fee was due to tho H ' 1pc'cI- i remloreil by tho Supromn B t Couit of tho United States last March, B9 (:- siffirmlng n decision of tho United H f States district court for tho southern H g district of California, by Judge Welt- H .3-,'- born, that violation ot tho grazing reg H "jls ulntlons Is not punishable ns n crime. H j This decision of tho Supreme Court, B "w" however, was by an even division of H 8 tho justices, and therefore did not de H r cldo the gonernl iiuestlon one way or BBS ( tho other, but merely affirmed tho de- BM .clslon of tbe lower court In tbn par- H- ' .tlcular case. Tho Supreme Court has B granted a rehearing of tho case. In H I ardor that tho iiuestlon may bo pas- H- -w- r J3cd upon by n full bench nnd nuthorl- BBJ j-""N itattvely settled, nnd this lebearlng H vwlll soon tnken place. Hut tho author- H v ity of the Secretary to prevent grnz BE- .i- lng except In accordance with bis iec. B k illations does not, It is pointed out, B ?' ; i dopend upon affirmation of the power H P t of tho government to punish violation H , of the regulations as a crime. This Is H j mado clear by tho action In two of BBV J?"'i thP Ncw Mc3klco cftBCS! while tho third B 3-r - ca'so Illustrates tho fact that tho uf- H Ve, flrmatlon of Judge Wollbom's dccls- 1 Jon by the Supremo Court has no B f binding forco In enses other than tho H f particular one then before the court. B8 i In tho cases of Sam Copo and S. u. H Cope, derendnnts, nnd of G. W. Jer- BB -"" nlgnn, defendant, injunctions wcro B granted by the Fcdernl district court B to prevent tho continued grazing ot B r : stock owned by tho defendants up- H '' on the National Forests. Tho ground H upon which tbeso Injunctions were B granted wan not the power ot the gov'- H f, crnment to punish violators ot the H ', regulations through criminal proced- H ' -""""- -- ure, but was tho right of the govern- H, ' ment to bring civil action against the H owners of stock which trespass upon H'r T Ih'o property of the government. In Hi ' the Copo case punitive damages wcro H rs- imposed by the court for wilful tres- H "FJ pass, In addition to an award of 75 H , V tor actual damages sustained. The my ?"" nmount of the actual damage wob de H,'j; termtned by the finding ot tbe court b- tlmt tho value.of tho grnzlng prlvllcgo B 1 In tho Alamo National Forest was B.t t ' J1.50 per year for each bead of cat- m-t W tie or horses. BbBC B This case Is tho'moro decisive as to H the authority ot tho secretary to en- H' forco the grazing regulations from the H fact that an attempt to proceed against H ' I tho defendants criminally had fallod B f V because of tho rofusal of tho grand H v. -f' ' Jury to bring an Indictment against H ' tliem. In the third of tho Now Mexico BB J cases, however, such an Indictment B ' i -wns found by tho grand Jury against H J W. Winkle, for having grazed 1,000 BBB hcod of goats upon the Alamo Nation al Forest -tfilbout a pormlt. As a ro-suit ro-suit of thds Indlctmont Van Winkle was nrroe'tcd at Alnmogordo by a deputy dep-uty United States marshal, and bound over to appearanco at tho April term of tho Federal court . ; , I Bv?flKi9EP9BBflflfiflflflflflflflH Sfe' 'TBjpBB&sBhBB rjBv?sBrHiHHkiCHiHBBBBBB t'BiraBEnBBKy - JtflBflflflBBBl vJubmhB1k f 'SMBMBBBmHLvJBMvJ MtSBHBJJBBRraBADBJBBJjVBJjVBJBBJ SB'BJBBBJBeJjBBp ?fwBJBJBBBBBB Ak? ,g a Mr TTJrT'iBTBBBBBBBBBBl Scene In The House of a Thousand Caudles, Opera Koute, January 3rd, 1911. "What ore you going to glvo your wlfo?" "I think I'll ghe her n ?.'0 check and then try to coax It away from her nf-ter nf-ter Christmas." Loulsvlllo Courier-Journcl. |
