ANTI-CONSERVATION ACTIVITY 171 



in 1903, the commissioner advised the forest officers not to institute 

 criminal proceedings in case of sheep trespass, but rather to secure 

 an injunction against the parties to restrain them from entering or 

 from remaining in the reserves. Such proceedings were instituted in 

 several jurisdictions, and in every case the court granted the injunc- 

 tion. In one case the sheepmen appealed, but the Circuit Court of 

 Appeals sustained the lower court in granting the injunction.^' In 

 many cases the prevention of stock trespass by this method of injunc- 

 tion was a slow process," and some owners persisted in taking large 

 numbers of sheep into the reserves, merely with the intention of obtain- 

 ing the pasturage until ordered out by the court. Eventually, the 

 United States Supreme Court held that the government could proceed 

 against trespassing sheep owners under the law of 1897 ;^^ but, during 

 the period from 1900 to 1911, that right was not generally admitted; 

 in fact, during the earlier years of that period, it was' generally 

 denied. 



In 1903, Secretary Hitchcock sent to the Speaker of the House a 

 bill to remedy this condition of affairs, by specifically forbidding the 

 pasturing of livestock in forest reserves without permission of the 

 secretary, but the bill was never given any consideration. In 1905, 

 the House Committee on Agriculture inserted an amendment into the 

 Agricultural Appropriation Bill, providing a penalty for grazing 

 without permission, but Martin of South Dakota thought the penalty 

 of $1000 too severe, and his point of order eliminated the amendment. 

 During the same session of Congress, another bill for accomplishing 

 the same purpose passed the House, but never emerged from the 

 Senate Committee.^* 



The lack of a law specifically prohibiting grazing would have been 

 less seriously felt if there had been some way by which the department 

 controlling the reserves could impose a reasonable charge for grazing. 



15 Report, Sec. of Int., 1903, 324, 325: Report, Dept, of Agr., 1905, 206: U. S. vs. 

 Dastervignes; 122 Fed. Rep., 30. 



16 In one case, where 34,000 sheep were found trespassing on the Sierra Forest 

 Reserve, the marshal would have had to travel a distance of about 400 miles to 

 get an injunction. (Report, Sec. of Int., 1903, 325.) 



17 U. S. vs. Grimaud; 220 U. S., 506. 



18 H. Doc, 12; 58 Cong. 1 sess.: Cong. Rec, Jan. 27, 1905, 1487: H. R. 6480; 58 

 Cong. 2 sess. 



