UNAUTHORIZED GRAZING. 187 



stroyed the roots of the vegetation and grasses, leaving 

 the ground bare and subject to disastrous washings by the 

 rains, to the irreparable injury of the reservation. Held, 

 that such allegation and showing constituted a sufficient 

 ground for the granting of a preliminary injunction. 



4. EQUITY SUFFICIENCY OF BILL MULTIFARIOUSNESS. 



A bill by the United States against a number of defendants, 

 to enjoin them from pasturing sheep in a forest reserva- 

 tion, is not subject to the objection of misjoinder and mul- 

 tifariousness where it alleges that defendants are pasturing 

 two bands of sheep in the reservation, and contains no 

 averments which show or indicate any separate or dis- 

 tinct rights or different interests as between the several 

 defendants. 

 ( See also United States v. Tygh Valley Land and Live Stock Co. ; 



76 Fed. Rep., 693.) 



JOSEPH DENT v. THE UNITED STATES. 

 (Supreme court of Arizona. 76 Pac. Rep., 455.) 



Appeal from the district court for the fourth judicial district, before 

 Justice R. E. Sloan. 



On rehearing. 



The appellant was convicted of the crime of pasturing sheep 

 upon the public lands in a forest reservation, in violation of the 

 rules of the Secretary of the Interior promulgated under authority 

 of the act of Congress of June 4, 1897 (30 Stat,, 35), which act pro- 

 vides that any violation of such rules shall be punished by fine or 

 imprisonment. The former opinion of the court will be found in 

 71 Pac., 920. 



Opinion by Kent, C. J. 



A rehearing having been granted at this term of court, this case 

 has been again argued by counsel. Since we rendered our decision 

 at a former term, the case of the United States i\ Dastervignes 

 (122 Fed., 30) has been reported. In that case the circuit court 

 of appeals for the ninth circuit has held that the act in question 

 'did not delegate legislative power to the Secretary and was not 

 unconstitutional. Inasmuch as under the act creating the circuit 

 courts of appeal such court exercises appellate jurisdiction over 

 this court in criminal cases, such as the one at bar, we feel that a 

 decision of that court, although made in a civil and not a criminal 

 case, expressly holding that the act in question is constitutional 

 and a valid delegation of power, is binding upon us in this case; 



