Show grazing fees will be collected A recent decision of a aeder al 1 judge hasteen has been widely commented comi i upon the west I 1 on the supposition that it declared illegal ille 9 al the regulation of grazing on forest reserves and the system of charging for grazing permits As a matter of fact the decision which was handed down by judge whitson the grazing grazin t regulations or of grazing fees winch which stand pre bibely as before the legal ques tion involved was sit simply aply this does doeg the law authorizing arthor izing the secretary z of agriculture to issue r regulations make the breach of those regulations a crime judge Whitson SL decision merely lin answered this question 41 no f it was in substance thai ihal the blie objection to th the e indich indictment nent against walter matthews matthiews wils was tile the absence of a law defining the act therein charged as a criminal ii ot offense rense upon that ground the court held J that hat the demurrer insist be sustained mid and the defendant 0 tho the point was simple and clear enough it was entirely misconstrued in the prees re ports of the th e decision and I 1 in editorial comments upon it for instance i in n the wyoming tribune of tuesday november 6 11 news of judge Whit whitson sont a action was given under tile the headlines grazing fees illegal decides federal judge and the arti article cle declares that As a result of the decision lec ision matthews who entered the mount guinier fore foredt cl I 1 reserve I 1 e S without the permit r i r ed by the secretary is still use ing tho the reserve and is not pay ing the fee imposed by the see sec reary As a matter of fact mr air Matthew mattheiss ss F heep were immediately media Eely removed upon notice by the forest officers and have not since entered the reserve in the sheri sheridan dabi wyo post it is said A decision fraught with import importance anco to wyoming stockmen stoc kmen is that chat appearing in this issue issue wherein it is held b by y th the e united states District Court that the collection of fees for grazing live stock is illegal sinco this imposition this fee has as been reg regarded ardad as illegal and arbitrary ry by many well informed wyoming people and the views express by the court couri in this decision meet with general approval here the is is still rutin hig his eslieb sheep p on the rainier Rai iier reserve without layng the fees decisions like judge whit sons had before been made by the federal courts in three oth er districts one of them thein six years ag ugo of but none of these interferes ter feres in the slightest slight est with the right ri glit of the united states to institute civil action against trespassers violating the grazing regulations or with charging the grazing fee the united states ai circuit court of appeals for the ninth circuit decided definitely in the case of baster vignes vs united states that the provisions of the act of march 4 1897 delegating to the secretary the power to in make ak e regulations is constitute constitutional clial that the regulation prohibiting the pasturing of sheep on forest reserves without a permit is val id and that the federal courts will enforce the regulation by b y it injunction T the h e supreme courts court of arizona three judges sitting 1 in iii the case of dent vs united states 76 I calo lielot Ke ter went still further flirt her under circum 5 ita fl I 1 ich inide the acis d ion fon mast emphatic dent was was criminally prost buted jor for grazing gra zi az sheep on a forest reserve without I 1 it a permit i in it violation n of the r regulations and the court had held that his biz act was not IC a Ori crime ine hut but as I 1 saon soon agthe as the daste baster 1 vignes case was decided for the government gove r n the arizona court co urt granted a rehear rehearing hig of the dent 6 case ase and held that the 1 genes decision was binding on oil courts in the ninth circuit in criMi criminal DalAs well swell as civil cases i und that dent was therefore guilty of a crime so far therefore th the court decisions as to the criminality of trespass contrary to the for est reserve regulations are conflicting Pic ting final adjudication of the point cannot be had until the ruling of a higher court lias bas been secured but no court lias has questioned the clio right of the secretary of agriculture 10 16 make inake regulations and to recover damages fortress pass thru civil action grazing trespassers wil all I 1 be restrained restrain wd from violation of the clio regulations by injunction proceedings ce edings and sued for civil dam ages until the higher courts shall have reached a decision as to tte criminal character of such J trespasses the forest T service vice will continue to exclude stipe stock from all forest rese reserves arves and to collect grazing tg fees faes for all stock under permit |