264 THE USE BOOK. 



2. SAME VALIDITY or REGULATIONS STATE POLICY OR LAWS. 



The United States Government has always maintained its 

 right to the exclusive possession of the public lands, al- 

 though such right has not always been exercised, and the 

 policy of a State to permit live stock to run at large and 

 graze on all open lands, or its laws enacted to carry such 

 policy into effect, can not affect the right of the General 

 Government to re [864] quire stock owners to restrain their 

 stock from grazing on the national forest reserves except 

 under prescribed regulations. 



3. SAME. 



Ordinance No. 1, Const. Mont., providing that "the peo- 

 ple inhabiting the said proposed State of Montana do agree 

 and declare that they forever disclaim all right and title to 

 the unappropriated public lands lying within the boundaries 

 thereof," which was adopted pursuant to the requirement of 

 the enabling act, under which the State was organized, was 

 a clear recognition of the exclusive authority of the General 

 Government over the public lands within the State. 



United States circuit court of appeals for the ninth circuit (February 



3, 1908). 



THOMAS SHANNON, APPELLANT, v. UNITED STATES OF AMERICA, 

 APPELLEE. No. 1489. a 



RANSOM COOPER for the appellant. 



CARL RASCH, United States attorney, for the appellee. 



Before GILBERT, Ross, and MORROW, Circuit Judges. 



The appellant was the defendant in a suit brought by the 

 United States to enjoin him from driving, conducting, or caus- 

 ing or permitting to be driven or conducted his live stock on 

 the Little Belt Mountains Forest Reserve and permitting the 

 same to remain there. The bill alleged that during the month 

 of December, 1904, and at divers times prior thereto, the appel- 

 lant " wrongfully and unlawfully, and without right or author- 

 ity, and without the consent and against the wishes of the com- 

 plainant, the United States of America, and its officers and 

 agents, and without having obtained a permit from the Secre- 

 tary of the Interior, or the Commissioner of the General Land 

 Office, or any officer or agent of complainant, and in violation 

 of law, and in utter disregard of the rules and regulations of 

 the Secretary of the Interior, did drive and conduct, and cause 



a Not yet reported when Use Book goes to press. Affirms decision in 

 last preceding case. 



