THE USE BOOK. 263 



and other offenses therein named, and does not provide for the 

 offense charged in this indictment, it follows that there is no 

 penalty provided for this offense. Careful examination of the 

 statute can not lead to such conclusion. It the act of 1897 

 says that " any violation of the provisions of this act or such 

 rules and regulations shall be punished as provided for in the 

 act of June 4, 1888." This is not a statement that the penalty 

 prescribed by the former act can be applied only to the class of 

 offenses therein named, but it is a direction that such penalty 

 shall be applied also to the offenses described in the later act. 

 Congress very often, in defining an offense, applies it to the same 

 penalty provided for some other offense, described in some other 

 act. dearly that is all that is done in this case. 



My conclusion then is that the Secretary in making the rule 

 referred to was duly authorized, and that the statute itself has 

 prescribed the penalty for its violation. 

 The demurrer is overruled. 



NOTE. To the same effect is the decision of Judge De 

 Haven (October 2, 1906) in the district court of the United 

 States for the northern district of California (United 

 States v. Deguirre, 152 Fed. Rep., 568), and the decision of 

 Judge Garland (U. S. Dist. Ct, S. Dak., Sept. 3, 1907), in 

 United States v. Bale (156 Fed. Rep., 687). 



Contra U. S. v. Blasingame, 116 Fed. Rep., 654; U. S. v. 

 Matthews, 146 Fed. Rep., 306. 



UNITED STATES v. SHANNON. 

 < Circuit Court, D. Montana. March 18, 1907. 151 Fed. Rep., 863.) 



No. 725. 



1. PUBLIC LANDS FOREST RESERVES REGULATIONS. 



Article 4, 3, of the Federal Constitution, which provides 

 that " Congress shall have the power to dispose of and make 

 all needful rules and regulations respecting the territory or 

 other property belonging to the United States," conferred 

 ample authority on Congress to enact the legislation author- 

 izing the establishing of forest reserves on the public lands 

 and the making of rules and regulations by the Secretary of 

 the Interior " to insure the objects of such reservations," 

 and the rules and regulations so made as contained in the 

 compilation of October 3, 1903, relating to the grazing of 

 stock on such reserves a re within the authority so conferred, 

 and reasonable and valid. 



