350 Forestry Quarterly. 



mission to the owner of cattle to use his neighbors' land as a pas- 

 they have no application to cases where they are driven upon un- 

 ture. They are intended to condone trespasses by straying cattle ; 

 fenced land in order that they may feed there. 



"Hence laws do not authorize wanton and willful trespass, nor 

 do they afford immunity to those who, in disregard of property 

 rights, turn loose their cattle under circumstances showing that 

 they were intended to graze upon the land of another. This the 

 defendant did under circumstances equivalent to driving his cattle 

 upon the forest reserve." 



In the California case. Justice Lamar upheld the rules which the 

 Secretary of Agriculture had promulgated for the control of the 

 reserves. He said that the "violation of reasonable rules regulat- 

 ing the use and occupancy of the property is made a crime not by 

 the Secretary of Agriculture, but by Congress." 



It was difficult, he said, to separate the legislative power to make 

 laws and the administrative power to promulgate rules and regu- 

 lations to put the laws into force. 



"The offense is not against the Secretary, but, as the indictment 

 properly concludes, 'contrary to the laws of the United States and 

 the peace and dignity thereof.' " 



The reforestation of treeless areas on the National forests is 

 to be carried out on a rather large scale by the Forest Service, as 

 is evidenced by the fact that broadcast seeding is to be under- 

 taken on about 13,000 acres and about 800 acres are to be planted 

 with seedlings this spring. District 6 leads in the extent of the 

 areas to be sown, the estimated acreage being 5,616, as against the 

 next highest of 3,445 acres in District 2. District i comes next 

 with 2,456 acres; District 3 has 1,237 acres; and in Districts 4 

 and 5, 177 and 306 acres, respectively, will be sown. In the plant- 

 ing of seedlings, District i leads with 400 acres, and the work on 

 Districts 2 and 3 involves 200 and 128 acres, respectively; while 

 the combined acreage in the other three districts will be less than 

 100 acres. In Florida the Forest Service has recently planted 

 several acres of Eucalyptus in the Everglades, in co-operation 

 with the State ; and another plantation has been established near 

 Tampa, in co-operation with the Tampa Board of Trade. The 

 planting of Eucalyptus on the Ocala National Forest will probably 

 be postponed until the rainy season begins. Several hundred 

 pounds of maritime pine seed are also to be sown this spring on 

 the Florida Forests. 



