208 OUR NATIONAL FORESTS 



mittee. To understand these qualifications it is 

 necessary to briefly look into the history of the graz- 

 ing of live stock on the western grazing lands. 



By long use of the public lands of the United 

 States for grazing purposes, long before the Na- 

 tional Forests were created, stock owners have been 

 allowed to graze their stock upon such lands under 

 certain conditions of occupancy, residence, and 

 ownership of improved lands and water rights. 

 This use, continuing through a long period of 

 years, has, in the absence of congressional legisla- 

 tion, been commonly accepted in manj' communi- 

 ties, even receiving the recognition of certain of the 

 courts. It was allowed under "unwritten law," as 

 it were, only by the passive consent of the United 

 States, but by force of the presidential proclama- 

 tion creating National Forests, such passive con- 

 sent ceased, being superseded by definite regula- 

 tions by the Secretary of Agriculture prescribed 

 under the authority of Congress. Therefore graz- 

 ing stock on the Forests, as it was done before the 

 Forests were created, is trespass against the United 

 States. Due to the fact that local stockmen have 

 used certain public ranges year after year by the 

 passive consent of the United States, these stock- 



