UNAUTHORIZED GRAZING. 185 



GENERAL DECISIONS. 



RESTRAINT OK UNAUTHORIZED GRAZING IN KOREST RESERVES. 



UNITED STATES r. DASTERVIGNES ET AL. 

 (Circuit court, N. D. California. August 18, 1902. 118 Fed. Rep., 199.) 



1. FORESTS REGULATION RULES DELEGATION OF LEGISLATIVE 



AUTHORITY. 



The act of Congress approved June 4, 1897 (30 Stat, 35), au- 

 thorized the Secretary of the Interior, in his superintend- 

 ence of all forest reservations, to "make such rules and 

 regulations and establish such service as will insure the 

 objects of such reservations, namely, to regulate their oc- 

 cupancy and use and to preserve the forests thereon from 

 destruction." Held, that the authority given the Secre- 

 tary is not unconstitutional as a delegation of legislative 

 authority. 



2. SAME USE OF PUBLIC LANDS. 



The pasturing of sheep on the Stanislaus Forest Reservation 

 having been forbidden by rule of the Secretary of the 

 Interior under authority of act of June 4, 1897 (30 Stat., 

 35). user can not give a right of pasturage there. 



3. SAME USER. 



Inasmuch as laches can not be invoked against the Govern- 

 ment, user of Government lands for pasturage gives no 

 right so to do. 



4. SAME RESTRAINING USE BILL ALLEGATIONS. 



A bill seeking to restrain defendants from pasturing sheep on 

 a certain forest reservation alleged that defendants drove 

 several bands of sheep upon the reservation. Held, that 

 a demurrer on the ground that there was a misjoinder of 

 defendants was of no merit, since, while it did not appear 

 that the defendants committed several acts of trespass, it 

 appeared there was a joint offense, and, even if the acts 

 were several, they might all be included in one equitable 

 action, the law and testimony applicable to each defend- 

 ant being -the same. 



5. SAME ALLEGATIONS DAMAGES. 



Where a bill to restrain the pasturage of sheep on a certain 

 forest reservation alleged that the grasses, herbage, and 

 undergrowth were injured by the tramping, traveling, 

 and driving of the sheep, the allegations as to damage 

 were sufficient to warrant continuance of a restraining 

 order pendente lite. 



