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DECISION AFFIRMED Hunt Grazing Case Affirmed by Court of Appeals U. S. Court of Appeals in California Gives decision of great Interest to Stockmen. Washington, Feb 24—Uuifced States Attorney Carl ltasch of Montana, has notified Gifford Piuchot, Chief of the U. S. Forest Service., that the United States Court of Appeals at San Francisco, lias affirmed the decision of of Judge Hunt in the grazing trespass case instituted by the Government against Thomas Shannon. No copy of the decision has yet been received by the Forest Service, but it is believed that it forbids stockmen to al low their cattle to drift upon the nation al Forests, and that the national Forests need not be fenced to prevent such drift jH " , a ~ k THE RAND STORE IS The only live mercantile j ESTABLISHMENT IN NORTH 1 PARK. .FREIGHT RATES 'ARE 40 | CENTS PER CWT. CHEAPER THAN TO WALDEN. WE ARE GIVING OUR CUSTOMERS THE ADVAN TAGE OF THIS CHEAPER FREIGHT AND THE FACT THAT WE PAY NO BIG TOWN T AXES OR IREN I S. Owned by J. W. WELCH. r i -i ■■■- i. _--t ■'i Gentlemen’s Furnishings. Walk-over and Red Cross Shoes, Stetson Hats, Tailor made Cloth- L ing and other Clothing of Standard Quality. Also Jewelry, Stationary Candies, Tobacco, and Cigars. Your Business Respectfully solicited at E. J. Norris’. Phone, Walden 6 I CENTRAL LIVERY AND C 4 FEED STABLE F J TIMBREL, Proprietor. £ S Good Horses, first class Rigs and reliable drrV- £ 4 ers. J* Horses Boarded. •-'* Best of care F •S taken of Transient Stock. •-* -* jt L J BALED HAY AND GRAIN FOR SALE. £ jl Walden, Colo. Telephone No s Walden 15 C yS THE NEW ERA In God We Trust; All Others Cash, or Good Securl ing, although the state laws may make such fencing neccessary for private lauds. In December, 1904, Shannon allowed his cattle to drift upon the National Forest in Montana. To put a stop to this, suit was brought by the United States, and on March 18, 1907, Judge Hunt in the U. S. Circuit court for that State rendered a decision in favor of the government and issued an injunction perpetually restraining Shannon from allowing his cattle to drift upon the For ests. Montana has a fence law by which land owners must fence their lands be fore they can obtain redress from stock men whose cattle, feeding upon the op en public domain, range upon and injure the private lands. Shannon’s counsel argued that this state law should apply as against the United States, but Judge Hunt held that the power of Congress over the public lands, including the National Forests, is complete; that Congress has lawfully delegated to the Secretary of Agricul ture the authority to make regulations to protect the Forests ;that the Secretary had properly made a regulation that cattle must not range upon the Forests without permit, and that consequently Shannon was a trespasser when he al lowed his cattle to drift upon the Little Belt Forest, although it was unfenced. Shannon appealed from this decision and as Nontana is in the 9th judicial Circuit, which embraces most of the Rocky Mountain and Pacific states, his ap|>eul was heard by the United States Circuit court of Appeals for the 9th Circuit, sitting at San Francisco. The romt has now affirmed Judge Hunt’s WALDEN, COLORADO, FEBRUARY 27, 1908. decision, and this judgment is binding upon all Federal Courts in the circuit. A similar case is pending in the U. 6* Circuit Court for Colorado, which is in the Bth Circuit. Following is a clipping .from the Deu ver Record-Stockman showing the other side of the case: “The decision of the U. S. Circuit Court of Appeals in California in the Thomas Shannon case is being worked overtime by the forest service and there is much confusion among the stockmen because of the mistaken idea that this is a Supreme court decision. While there was every reason to expect the affirma tion of the decision of the Montana court, because of the facts of the case, the de cision, a copy of which has just reached us, is remarkable in some ways. The facts in the Shannon case are, brief ly: Shannon owned 320 acres adjoining a forest reserve. There was sufficient grass on the tract for fifty head of cattle but there was no water. The evidence showed that Shannon turned thirty head upon the tract and then arranged the fence on the side toward the reserve so the cattle could get into the reserve. The Court held that to all intents and purposes Shannon drove his cattle upon the reserve. In the opinion of the Court of Appeals the court says: “ The appellant denies that lie has at any time driven his cattle upon the re serve and asserts that if they went there, they did so of their own accord, the re serve not being enclosed by the United States and that he is not accountable for the acts of his cattle in straying thereon. We do not so regard the evidence, and we think the injunction issued by the court below may well be sustained on the ground that the evidence shows that the appealant drove his cattle upon the reserve. His home ranch was some six to ten miles distant from the 320 acres inclosed near the reserve. He drove large bands of cattle within the 320 acres which was enclosed on three sides but open on the side toward the reserve,and left them there. Of course he knew that they would not and could not re main within the inclosure, for there was no water there nor sufficient pasture for so large a herd. They did as he evi dently expected them to do. They went through the convenient openings which he had made in the fence for that pur poae.” The only part of the decision that is at all remarkable is (he position taken by the court that a state has no right to make police laws to operate over public land*. This is absolutely contrary to all the decisions of the Supreme Court and we do not think it is a good law. The Court says: “The state of Montana has no domin ion over the public lands lying within its borders,and no power to enact legisla tion directly or indirectly affecting the same. It could not give to the people of the state th® right to pasture cattle on the public domain or in any way use the same. Its’own laws in regard to fenc ing and pasturing cattle at large must be held to apply only to land suhjeet to its own dominion. * * * * The rights given by the state statutes to the subjects of the state extend only to the lands of the state. They end at the bor ders of the government lands.” This opinion in effect denies the right of the state to make police regulations over public lands. The 'court bases its opinion upon opinions of t’ie Supreme Court denying the right of th® state to interfere with the government in “the disposition” of the public lands. The denial of the right of the state to exer cise police control over these lands is en tirely new and it is likely that such an opinion can never be upheld in tho Su preme Court. The only effect of this decision is to I make more neccessary than ever the trial of the Fred Light case. If this opinion is allowed to stand, there are two governments in Colorado, something that was certainly never contemplated by the constitution of the state or nation. The Shannon case was not a fair case in any sense and was decided rightly un der the law. The opinion of the court can hav® no effect upon the Light case, which is entirely different and brings the whole matter up in a very different manner. Every effort is being made to induce the department to withdraw its opposition to the Light case and permit the pai»ers in the case to be completed and filed. The evident reluctance of the department indicates its fear of the result However if it lias the confid ence it professes in the Shannon decision, it should certainly withdraw opposition and permit .the Light case to go to the court. I Last week Mrs. Ridings store got in a new line of stock. The fancy china shown since the new goods come looks particularly fine. The notion line has improved also. CHECKING FATAL MALADY AMONG HORSES. The Denver Republicans of yesterday contained the following of local interest concerning a disease thufc it is believed started on the Little Laramie River ami which has been greatly checked by the treatment under the direction of Dr. Whitahouse: “Dr. George H. Glover,.dean of the Vet erinary science department of the Colo rado Agricultural college, has issued a warning to horsemen and breeders, and, although no known cure exists, he has asked that all cases be reported to the college, which will attempt to find a re medy by experiment. The disease is rapidly becoming prevalent in the west. The provincial government of Canada and the legislature of Kansas have made appropriations to study it. It resembles more closely then any thing else,accord ing to Dr. Glover, the dreaded surra of the Philippine. “It is called ut present swamp fever, although no reason exists for that nsms. The symptoms arediscribed as following: The horse does net seem to possess his usual vigor—tires easily; is seen staud arouud yawning like a tird person. One day the animal will ref use food and will have a fever and the next the horse ap pears to be normal. The mucous mem brane of the mouth and nose is pallid, with little red spots, which are quite characteristic of the disease.’ The hor se’s legs swell towards the last and the animal staggers around fora few days, fiualy dying in delirium. It may last from three weeks to eight months and always proves fatal.” Dr. Whitehouse believes the disease came from the John Earnest herd of horses in March, 1902 when he was call ed to treat a number of berses suffer ing from the disease after there had been a large number of fatalities. There were more tha n a hundred fatalities not ed up to that time, and since the treat meut begau Dr. Whitehouse says that fully 50 per cent have been complete cures and 25 per cent partial Cures. Dr. Whitehouse had a letter a day or two ago from Dr. John li. Mohler of Washington, chief of the department of pathology of the brueau of animal husbandry, to whom he wrote describing symptoms. The Laramie veterinarian believes the disease is due to a large ex tent to the presence of the palisade worm which carries the ultra-microscopic American surra gerui of blood, and his treatment has been along the line of rid ding the animal of the presence of the palisade worm. Dr, Mollies is inclined to disagree with Dr. Whitahouss on this subject, and there is now in progress certain tests of animals afficted with the supposed disease in North Park. Dr. Suair writes to Dr. Whitehouse under date of yenterday, that the horses under treatment there are progressing favor ably. Oue of the things Mr. Mohler used in his opposition to the palisade worm theory was that the temperature of the affected animal had not born out the contention, and Dr. Snair, under the direction of Dr. Whitohonse is now gating their temperatures, and is also prejiared to supply some blood to be for warded to Dr. Mohler at Washington. Dr. Glover aDd Dr. Whitehouse have co operated in this and other matters, and it is pleasurable to the people of the two cities that they have been enabled to make such rapid strides in the science of veterinary as to call forth the com mendations of the chief of the depart ments pathology of tho bureau of ani mal industry. Dr. Tobbitts of this city assisted Dr. Whitehouse in some of his experiments. BIG 12 BANQUET AT THE GRESHAM HOTEL Last Friday evening the heavy doz en gained several pounds apiece. Mrs. Gresham served the solid refresh ments and Jake tho Wagon Boss the liquid. All hands were liberal with the hot air. The mullusks were elegantly cooked and about a barrel of them were on tap at the beginining of the meal, and it was lucky there were so many for their popularity never waned during the evening. Even after eating so much of the ices that they had icicles in their hair some of the gay diners had to have more shell fish and would'nt be happy until they got’em. The bird, the boast, and the roots and greenery were beyond exception, though they received less attention than the more luxurious portions of tho menu. The literary section of the program waa a success of the most edifying every one present carrying away two ofc three new ones. Parrot on cuts was per* haps the most eminent surgical work j consulted, and Bill Shute on grafters the sociological hit of the evening. The supper was u very comfortable success gastronoically, sociall. ually. FORESTERS CO Fort Collins, C esters of the ( reserves are to ) College in num of March. Gi' government dresses du* which will last • lor has completed arran b . public meeting that week at whic.. guests from Washington and some of the leaders in the active service on the re-| serves are to deliver addresses explain ing the work. The object of the gathering is to stir j public interest in the preservation of the j forests, especially in this region where the need of protection to tho watershed j 1 is vital to irrigation interests. Profs. | 1 Carpenter and Paddock of the college ] 1 will deliver addresses at the public j 1 meeting. The plan is to have Greeley, Loveland 1 and other cities send representatives, so ; ( that there will be wide dissenination j 1 of the knowledge to begained from hear- j 5 ing such men as Pinchot. Another matter that is receiving at- * tention in connection with the coming ‘ meeting is that of a forestry department 1 at the Agricultural college. There is but * JUST RECEIVED Skates for Women, SMen, and Boys. a* ■»* A Estate Oak Heater Stoves: cAll sizes. Nabob Heaters. Full Stock Carpenters Too.s. All kinds of Wood Stock fo your broken wagons. a* If you are in need of anything from a needle to a thrashing machine gibe us your order and we will get it for you. W* O. Mosman & Son, The Gresham Hotel THE BEST HOME COOKING Mail Hours; Breakfast, 7toBA. M. Dinner, 12 to 2. Supper,'.B to BP. M. Meals served after 9.P. M. 50 cents. Day rates $1.50 to $2.00 OUR ROOMS ARE THE BEST IN TOWN. MRS. D. F. GRESHAM, PROPR. OO 8 LIVERY and FEED STABLE 8 H. Loucks, Proprietor. | 8 Everything from a Single 'Buggy to a. Coach-and-Jour, Q i op mil ... ... .JHimwHß ----- - Ir * THE BARK HOTEL * * Serves nothing but home cooking, SMeals Whenever you are hungry. Our rooms ha'Ve no eHual, If I cannot satisfy you you need not pay, Bates st,so up, COME cAND GTVE SME <A TRIAL V<B. H. STEPHENS Proprietor . ,| ■■lhdoMH 1., i ■■ ■. ii Last Friday evening tno I Woodcraft gave the annual George »... ! iugton ball. We are telling the truth when we eay that a large crowd atteaded and had a big time. Clown costumes and tricks seemed the most popular form of make up and the fun was worth all the money. But about eleven o’clock the extra clothing and vigorous exercise un ited became burdesome and was discarded, every one uppearing there after in their true character, especially at the excellent supper served by Mr. Stephens of the Park Hotel; Where af ter the music furnished by Mess’rs. Hen drickson ami Dryer with piano accom pauimeut by Mrs. Einigh held them en tranced until breakfast time.