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Hunt Grazing Decision
Affirmed. Washington, Feb. 27, 1908 United States Attorney Carl Rasch ot Montana, has notified Gifford Ptnchot, Chief of the Uni ted States Forest Service, that the United States Circuit Court of Appeals at San Francisco, has affirmed the decision of Judge Hunt in the grazing trespass case instituted by the Government against Thomas Shannon. No copy ot the decision has yet been received by the Forest Ser vice, but it is believed that it for bids stockman to allow theircat tle to drift upon the National Forests, and that the National Forests need not be fenced to pre vent such drifting, although the state laws may make such fencing necessary for private lands. In December, 1904-, Shannon allowed his cattle to drift upon the Little Belt 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 United States Circuit Court for the State, rendered a decision in favor ot the Government, and issued an injunction perpetually restrain ing Shannon from allowing his cattle to drift upon the Forests. Montana has a fence law by which land owners must fence their lands before they can obtain redress from stockman whose cattle, feeding upon the open pub lic domain, range upon and in jure the private lands. Shannon’s council 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 Secre tary of Agriculture the authority to make regulations to protect the Forest; 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 allowed his cattle to drift upon the Little Belt Forest, although it was un fenced. Shannon appealed fromthisde cision, and as Montana is in the 9th Federal Judicial Circuit, which embraces most of the Rocky Mountain and Pacific states, his appeal was heard by the United Siates Circuit Court of Appeals for the 9th Circuit, sitting at San Francisco. The Court has now affirmed Judge Hunt’s'decision, and this judg ment is binding upon all Federal Courts in the Circuit. A similar case is pending in the United States Circuit Court for Colora-1 do, which is in the Bth Circuit. 1 Ambiguous. Wanted. —Strong donkey, to do the work of country clergyman.—From a Religious Weekly. Voluminous Turban. A Turkish turban contains from ten to twenty yards of the finest muslin. By the Governor of Arizonna A Proclamat on of Arbor Day as a Holiday in the North ern Counties of the Terri tory. To the People of Apache, Coconi no, Navajo, Mohave and Yava pai Counties. It is provided by the statute of this Territory that the Friday following the first day ot April in each year shall be known as Arbor Day in the above named counties, and shall be observed as a holiday. Now, therefore, by the virtue of that statute, and in accordance with the directions thereof, I. W. F. 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