116 LAWS APPLICABLE TO THE NATIONAL FOEESTS. 



Grazing trespasses. 



In an action for damages sustained through the herding and graz- 

 ing of sheep upon the plaintiffs' lands it is proper, in establishing the 

 amount of damages, to inquire into the ease or difficulty in securing 

 other pasture near by and the market price of similar pasture, or the 

 price of such foodstuffs as would have been necessary to have kept 

 and fed plaintiffs' live stock, or to have shown the price the plaintiffs 

 could have secured for their pasture, or the number of live stock they 

 could have pastured thereon and the value per month for the pas- 

 turage for each head of such live stock, and such other evidence of 

 kindred and similar import which would have enabled the jury to 

 have intelligently fixed the value of the propert}^ destroyed at the 

 time of its destruction. (Eisse et ux. v. Collins (Sup. Ct. Idaho), 

 87 Pac, 1006.) 



The damages for injuries to growing grass, through incursions of 

 animals, may be established by evidence tending to show how many 

 cattle could be grazed upon the land trespassed upon and what such 

 pasturage would be worth, (Buttles v. Chicago, etc., Ky. Co., 43 

 Mo. App., 280; see also Vermilja v. Chicago, etc., Ey. Co., 66 Iowa, 

 606.) 



The Secretary of Agriculture may authorize Forest Service officers 

 to assess and collect both punitive and actual damages in willful 

 grazing trespass cases where the trespasser is willing to make settle- 

 ment without reference of the case to court. (Sol. Op., Apr. 1, 1915.) 



An owner of stock is not liable for the damage caused by such 

 stock while trespassing upon lands of the United States where the 

 stock are in the possession and under the control of another who is 

 not merely an agent, or servant, of the owner, but who holds the stock 

 as lessee, bailee, or under the terms of an agreement whereby he 

 secures an equitable interest in the same. (2 Sol. Op., 1065.) 



Under the acts establishing forest reservations their use for graz- 

 ing or other lawful purposes is subject to rules and regulations estab- 

 lished by the Secretary of Agriculture, and it being impracticable 

 for Congress to provide general regulations, that body acted within 

 its constitutional power in conferring power on the Secretary to 

 establish such rules; the power so conferred being administrative, 

 and not legislative, is not an unconstitutional delegation. (United 

 States v. Grimaud, 220 U. S., 506. ) 



At common law the owner was responsible for damage done by his 

 live stock on land of third parties, but the United States has tacitly 

 suffered its public domain to be used for cattle so long as such tacit 

 consent was not canceled, but no vested rights have been conferred on 

 any person, nor has the United States been deprived of the power of 

 recalling such implied license. (Light v. United States, 220 U. S. 

 523.) 



Congress has power to set apart portions of the public domain and 

 establish them as forest reserves and to prohibit the grazing of cattle 

 thereon or permit it subject to rules and regulations. ( Id.) 



Fence laws may condone trespasses by straying cattle where the 

 laws have not been complied with, but they do not authorize wanton 

 or willful trespass, nor do they afford immunity to those willfully 

 turning cattle loose under circumstances showing that they were in- 

 tended to graze upon the lands of another. (Id.) 



