390 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



Grazing Trespass. 



The legality of the regulations promulgated by the Secretary of 

 Agriculture for the control of the National Forests was definitely and 

 conclusively established by two decisions rendered by the Supreme 

 Court of the United States on ^fay 1, 1911, and the uncertainty and 

 unrest caused by the widespread impression that the regulations were 

 not enforceable ceased immediately. Before these decisions were 

 given out there was a frequent tendency to graze stock on the Forests 

 without permit, which in some Forests took the definite form of will- 

 ful trespass. The most noteworthy instance was that of the iUamo 

 National Forest in New Mexico, where 33 cases of grazing trespass 

 were reported during the fiscal year. Criminal prosecutions were 

 deferred pending the decision of the Su])reme Court, but favorable 

 action was secured in many suits for injunction or for the collection 

 of civil damages. In the future, cases of willful grazing trespass are 

 likely to be infrequent and exceptional; when they occur, no ques- 

 tion of the legality of the regulations can be raised to complicate 

 their prosecution, nor can there be any furtlier reason for leniency 

 in mstituting criminal action against persons who willfully violate 

 the regulations. Experience has demonstrated that civil action is 

 not ahvays adequate to safeguard the Forests from further invasion, 

 so that resort to criminal prosecution of persons who willfully and 

 defiantly trespass upon them is necessary to give them adequate 

 protection. 



There occurred during the year 192 cases of grazing trespass, which 

 is 43.86 per cent less than in 1910. The number of cases pending at 

 the beginning of the year was 125, which included 9 cases not previ- 

 ously reported. Of the 317 cases, 101 were dismissed by the Forest 

 Service, 9 were prosecuted, 99 were adjusted upon the payment of 

 damages, judgment being secured by civil suit in a number of cases 

 willful in character, and 108 were pending at the close of the year. 



Advisory Boards. 



Continued encouragement was given to the formation of local 

 organizations of stock grow^ers, and 12 new advisory boards repre- 

 senting organizations of tliis character were recognized during the 

 year. A total of 68 advisory boards are now recognized, and coop- 

 erating effectively with the Forest Ser\ace in the settlement of grazing 

 problems. The disinterested aid of the liighly efficient representa- 

 tives selected by the stock growers has been of great value. 



One circumstance with which the district foresters have had to 

 contend in their efforts to secure the organization of the stock growers 

 has been the relaxation of interest on the part of the permittees as 

 the gradual adjustment of grazmg problems has removed the causes 

 of dissatisfaction. Many fail to realize that organizations to pro- 

 mote their interests are as valuable as organizations to protect them, 

 and where there is every prospect of the continued enjoyment of the 

 present grazing privileges it is difficult to maintain active organiza- 

 tions; many associations have, in fact, practically disbanded. The 

 Forest Service is at present entering new fields of scientific range 

 management and is engaged upon problems of vital importance to 

 the stock growers, who may, if they will, render cooperative assist- 



