THE USE BOOK. 259 



JOSEPH DENT v. THE UNITED STATES. 

 (Supreme court of Arizona. 76 Pac. Rep., 455.) 



Appeal from the district court for the fourth judicial district, 

 before Justice R. E. Sloan. 



On rehearing. 



The appellant was convicted of the crime of pasturing sheep 

 upon the public lands in a forest reservation, in violation of the 

 rules of the Secretary of the Interior promulgated under author- 

 ity of the act of Congress of June 4, 1897 (30 Stat., 35), which 

 act provides that any violation of such rules shall be punished 

 by fine or imprisonment. The former opinion of the court will 

 be found in 71 Tac., 920. 



Opinion ~by Kent, C. J. 



A rehearing having been granted at this term of court, this 

 CM so lias IXHMI again argued by counsel. Since we rendered our 

 decision at a former term, the case of the United States v. Das- 

 tervignes (122 Fed., 30) has been reported. In that case the cir- 

 cuit court of appeals for the ninth circuit has held that the act 

 in question did not delegate legislative power to the Secretary 

 and was not unconstitutional. Inasmuch as under the act creat- 

 ing the circuit courts of appeal such court exercises appellate 

 jurisdiction over this court in criminal cases, such as the one at 

 bar, we feel that a decision of that court, although made in a 

 civil and not a criminal case, expressly holding that the act in 

 question is constitutional and a valid delegation of power, is 

 binding upon us in this case; and if it be true that, inasmuch as 

 the sole question involved in this case is the constitutionality of 

 the act, an appeal will not lie in this case from our decision to 

 the circuit court of appeals a question which it is not proper 

 for us to determine we still feel that the determination of the 

 circuit court of appeals is binding upon us. An appeal does not 

 lie from our decision in this case to the Supreme Court of the 

 United. States, and yet if such court had determined the question 

 of the constitutionality of the act such determination would be 

 binding upon us. 



Inasmuch as the circuit court of appeals is a court exercising 

 appellate jurisdiction over us in criminal cases of this character, 

 we are in like manner bound by its determination upon this 

 question, although the record may prevent an appeal being 

 taken to such court in the particular case before us. Indeed, 



