SERVICE NOTES FOR APRIL 



These notes contain instructions and necessary information for 

 Forest officers, and will, therefore, be carefully read and kept on file 

 for reference. 



OFFICE OF THE FORESTER 



PUBLICATION. 



Modification of Field Program Directory 



In future the Field Program will print the present full directory of Forest Service 

 officers quarterly instead of monthly. The Field Programs of the intervening months 

 will list only the changes which have taken place since the last quarterly Program. 

 Thus, the April Field Program will serve as the Forest Service directory until July 

 1, but supplemented on May 1 and again on June 1 by a list of all changes which take 

 place after the issue of the April Program. This plan will include both the Wash- 

 ington and the District offices and projects as well as personnel. 



LAW 



Grazing without Permit Still Indictable 



On March 14 the Supreme Court of the United States affirmed the judgments of the 

 district court for the southern district of California in the cases of United States v. 

 Grimaud and Cazajous and United States v. Inda, wherein the district court sustained 

 the demurrers of defendants to indictments alleging the grazing of sheep on the Sierra 

 National Forest without a permit, in violation of Regulation 45 made and promul- 

 gated by the Secretary of Agriculture under authority of the act of June 4, 1897. It 

 was alleged in the demurrers that the act of June 4, 1897, was unconstitutional in that 

 it delegated to an executive officer, the Secretary of Agriculture, legislative authority 

 and empowered him to create a criminal offense. The justices of the Supreme Court 

 were evenly divided in opinion, four for affirmance and four for reversal of the decision 

 of the district court, the ninth member of the court not sitting. No opinion was 

 written. 



While this action of the Supreme Court operates as an affirmance of the ruling of the 

 district court in these particular cases, it is not to be taken as conclusive of the 

 questions raised by the demurrers and will not prevent the enforcement of the law 

 and regulations made thereunder as heretofore. All Forest officers should continue 

 the vigorous enforcement of the regulations and the report of violations thereof as 

 heretofore. When the questions raised by the above-stated defendants shall again 

 be presented to the Supreme Court effort will be made by the Government to have the 

 court consider them when all the justices are present in order that a final and binding 

 decision may be rendered. 



(327) 



