530 JOURNAL OF FORESTRY 



production in the eastern and in the western half of the United States 

 at the present time should he carefully compared and reasons given for 

 the wide variation found in live-stock numbers. 



3. Range wars, due to controversy over range by cattle and sheep 

 growers, aside from the troubles with the Indians, were the first really 

 serious factor in live-stock expansion. The differences in viewpoint 

 between the cattle growers and the sheep breeders should be fully ex- 

 plained. In this connection mention should be made of the intense feel- 

 ing that was awakened by the grazing of migratory sheep and against 

 the alien sheep interests. The ill results of the serious range wars 

 which followed — the loss of human lives, destruction of live stock, and 

 the serious devastation of the range — should be enumerated. The in- 

 fluence of the creation of the National Forests, the leasing of pasture 

 lands owned by the railroads, etc., in the amicable settlement of range 

 diflSculties between cattle and sheep growers should be reviewed. 



4. It should be recalled that from the very beginning the policy of 

 the Forest Service was to consider the use of the range as a privilege 

 instead of a right. The adoption of this policy cannot be commended 

 too highly. In many instances European governments in the adminis- 

 tration of their Forests failed to recognize the use of the range as a 

 privilege ; on the contrary, because of long usage of the forage by live 

 stock, the practice of grazing and, indeed, of utilizing certain timber 

 resources became a prescriptive or property right.® 



The details of the prescriptive rights and the results of the practice 

 of this system should be studied carefully. The policies controlHng 

 range use on Government forests in other countries should be reviewed 

 in considerable detail. The advantages of the grazing privilege as com- 

 pared with the vested right should be outlined. The consideration of 

 the issuance of grazing privileges should include a discussion of the 

 basic principles pertaining to the adoption of the individual permit 

 system, the payment of a small fee, etc. It should be clearly shown 

 why the range is not leased in the ordinary sense, and what the reason 

 is for the grazing permit's being considered a personal privilege or 

 license based upon the qualifications of the individual. The reasons why 

 the Forest Service aims to extend to the local stockman and settler the 

 use of the range and other Forest privileges that cannot be enjoyed by 



" These well-established prescriptive rights made it impossible adequately to con- 

 trol the grazing of live stock on the Forests, even though serious damage some- 

 times resulted therefrom. In some of the German States, for instance, it will be 

 recalled that the origin of the property' right dates back hundreds of years under 

 the feudal system, to a time when both range and timber were abundant and of 

 comparatively little value — a time when the large forested areas were held by the 

 nobility, kings, and emperors as breeding grounds for game and for hunting. 



