186 THE USE BOOK APPENDIX. 



DASTERVIGNES ET AL. v. UNITED STATES. 

 (Circuit court of appeals, ninth circuit. March 2, 1903. 122 Fed. Rep., 30.) 



1. CONSTITUTIONAL LAW DELEGATION OF LEGISLATIVE POWER 



ACT AUTHORIZING REGULATIONS FOR FOREST RESERVA- 

 TIONS. 



The provisions of the sundry civil appropriation act of June 

 4, 1897, relating to forest reservations (30 Stat, 35 [U. S. 

 Comp. St., 1901, p. 1540] ), which authorizes the Secretary 

 of the Interior to "make such rules and regulations and 

 establish such service as will insure the objects of such 

 reservations, namely, to regulate their occupancy and use 

 and to preserve the forests thereon from destruction," and 

 which itself prescribes the penalty for violation of such 

 regulations, is not unconstitutional as delegating legisla- 

 tive power to an administrative officer, but is a valid dele- 

 gation of power to make administrative regulations in 

 relation to details necessary to carry out the purpose of 

 the act. 



2. FOREST RESERVATIONS VALIDITY OF REGULATIONS EXCLUSION 



OF SHEEP. 



Rule 13, made and promulgated by the Secretary pursuant to 

 such authority, which prohibits the pasturing of sheep 

 and goats on public lands in the forest reservation, except 

 in cases where permits for their limited grazing may be 

 granted by the land department with the approval of the 

 Secretary, is a proper and legitimate exercise of the 

 authority conferred, .which gives the Secretary the right 

 to exclude from the reservations any class of live stock 

 found to be destructive of the purpose for which they 

 were created; and such rule can not be said to create an 

 unjust or illegal discrimination against the owners of the 

 sheep, which constitute a class of live stock differing from 

 any other in respect to pasturage, and which has uniformly 

 been recognized as a proper subject for special legislation 

 and regulation. 



3. SAME INJUNCTION AGAINST PASTURAGE OF SHEEP GROUNDS. 



A bill filed by the United States to enjoin the pasturage of 

 sheep in a forest reservation, in violation of the regulations 

 prescribed by the Secretary of the Interior, alleged that 

 the sheep pastured within 'the reservation were commit- 

 ting great and irreparable injury to the public lands 

 therein, and to the undergrowth, timber, and water sup- 

 ply. Affidavits filed in support of such allegations recited 

 that the sheep of defendants destroyed undergrowth, 

 young and growing trees and seedlings, and ate and de- 



