THE USE BOOK. 257 



3. SAME USER. 



Inasmuch as laches can not be invoked against the Govern- 

 ment, user of Government lands for pasturage gives no 

 right so to do. 



4. SAME RESTRAINING USE BILL ALLEGATIONS. 



A bill seeking to restrain defendants from pasturing sheep 

 on a certain forest reservation alleged that defendants 

 drove several bands of sheep upon the reservation. 

 Held, that a demurrer on the ground that there was a 

 misjoinder of defendants was of no merit, since while 

 it did not appear that the defendants committed sev- 

 eral acts of trespass, it appeared there w r as a joint 

 offense, and, even if the acts were several, they might 

 all be included in one equitable action, the law and 

 testimony applicable to each defendant being the same. 



5. SAME ALLEGATIONS DAMAGES. 



Where a bill to restrain the pasturage of sheep on a certain 

 forest reservation alleged that the grasses, herbage, mid 

 undergrowth were injured by the tramping, traveling, 

 and driving of the sheep, the allegations as to damage 

 were sufficient to warrant continuance of a restraining 

 order pendente lite. 



DASTERVIGNES ET AL. v. UNITED STATES. 



(Circuit court of appeals, ninth circuit. March 2, 1903. 122 Fed. 

 Rep., 30.) 



1. CONSTITUTIONAL LAW DELEGATION OF LEGISLATIVE POWER 

 ACT AUTHORIZING REGULATIONS FOR FOREST RESERVA- 

 TIONS. 



The provisions of the sundry civil appropriation act of June 

 4, 1897, relating to forest reservations (30 Stat., 35 

 U. S. Comp. St., 1901, p. 1540), which authorizes the 

 Secretary of the Interior to "make such rules and regu- 

 lations and establish such service as will insure the 

 objects of such reservations, namely, to regulate their 

 occupancy and use and to preserve the forests thereon 

 from destruction," and which itself prescribes the pen- 

 alty for violation of such regulations, is not unconsti- 

 tutional as delegating legislative power to an adminis- 

 trative officer, but is a valid delegation of power to 

 make administrative regulations in relation to details 

 necessary to carry out the purpose of the act. 



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