258 THE USE BOOK. 



2. FOREST RESERVATIONS VALIDITY OF REGULATIONS EXCLU- 



SION OF SHEEP. 



Rule 13, made and promulgated by the Secretary pursuant 

 to such authority, which prohibits the pasturing of 

 sheep and goats on public lands in the forest reserva- 

 tion, except in cases where permits for their limited 

 grazing may be granted by the Land Department with 

 the approval of the Secretary, is a proper and legitimate 

 exercise of the authority conferred, which gives the 

 Secretary the right to exclude from the reservations 

 any class of live stock found to be destructive of the 

 purpose for which they were created; and such rule 

 can not be said to create an unjust or illegal discrim- 

 ination against the owners of the sheep, which consti- 

 tute a class of live stock differing from any other in 

 respect to pasturage, and which has uniformly been 

 recognized as a proper subject for special legislation 

 and regulation. 



3. SAME INJUNCTION AGAINST PASTURAGE OF SHEEP GROUNDS. 



A bill filed by the United States to enjoin the pasturage of 

 sheep in a forest reservation, in violation of the regu- 

 lations prescribed by the Secretary of the Interior, 

 alleged that the sheep pastured within the reservation 

 were committing great and irreparable injury to the 

 public lands therein and to the undergrowth, timber, 

 and water supply. Affidavits filed in support of such 

 allegations recited that the sheep of defendants de- 

 stroyed undergrowth, young and growing trees and 

 seedlings, and ate and destroyed the roots of the vege- 

 tation and grasses, leaving the ground bare and sub- 

 ject to disastrous washings by the rains, to the irrepa- 

 rable injury of the reservation. Held, that such allega- 

 tion and showing constituted a sufficient ground for the 

 granting of a preliminary injunction. 

 4. EQUITY SUFFICIENCY OF BILL MULTIFARIOUSNESS. 



A bill by the United States against a number of defendants, 

 to enjoin them from pasturing sheep in a forest reser- 

 vation, is not subject to the objection of misjoinder and 

 multifariousness where it alleges that defendants are 

 pasturing two bands of sheep in the reservation, and 

 contains no averments which show or indicate any sep- 

 arate or distinct rights or different interests as between 

 the several defendants. 



(See also United States v. Tygh Valley Land and Live Stock 

 Co.; 76 Fed. Rep., 693.) 



