THE USE BOOK. 265 



to be driven and conducted, and permitted, suffered, and allowed 

 to go onto and upon the said reserve three hundred head of 

 cattle," and the bill proceeded to allege that said acts would be 

 continued unless enjoined, and would result in permanent and 

 irreparable damage and injury to said reserve and be destruc- 

 tive of the objects for which the reserve was created. Upon the 

 filing of the bill a citation was issued requiring the appellant 

 to show cause why an injunction pendente lite should not issue 

 against him. On the hearing a temporary injunction was or- 

 dered as prayed for. [151 Fed. Rep., 863.] From that order 

 the present appeal is taken. 



The Little Belt Mountains Forest Reserve was created by 

 the proclamation of the President on August 16, 1902. The 

 appellant is in the possession of a tract of 320 acres, which 

 adjoins that part of the reserve known as Lone Tree Park, of 

 which 320 acres he acquired 160 acres under the homestead law, 

 and the remaining 100 acres he holds by a lease from one Peter- 

 son, the owner, who acquired the same under the desert-land 

 act. The grazing privileges on the reserve are divided into 

 districts. Lone Tree Park is in district No. 4. It contains 

 about 1,000 acres. On September 3, 1902, shortly after the 

 reserve had been established, the appellant obtained his lease 

 of Peterson's 160 acres. As soon as he had obtained the lease 

 he turned from 3,000 to 3,500 head of sheep into the 320-acre 

 tract, and later took them out and turned in cattle. When the 

 appellant leased the land from Peterson, Peterson's land and 

 his own were inclosed, but the appellant made openings 

 in the Peterson fence on the side toward the reservation for 

 the purpose of letting stock through on the reserve. The evi- 

 dence shows that the fence was down in seven places, and that 

 the gaps were from 30 to 90 feet wide. In some places the 

 wires were weighted down with poles, in others with rocks. In 

 other places the wires were raised and placed on top of posts, 

 so as to enable the stock to pass underneath. The evidence 

 shows, n.oreover, that if the fence were maintained in good 

 condition stock could not obtain access to Lone Tree Park 

 because of the natural barriers which surround it. Every year 

 since 1902 the appellant has thus grazed his cattle upon the 

 reserve without any permit, and has disregarded the rules gov- 

 erning the use of the reserve and ignored the notices to keep 

 his cattle off the reserve given him by the forest ranger. The 

 evidence shows that the appellant's tract of 320 acres would not 

 furnish pasture to more than 50 head of cattle, and that there 

 is no water on it, and that he would turn the cattle into the 

 inclosure and leave them there to drift over onto the reserve 

 where there was pasture and water. 



