V 



Forestry Notes. 147 



1,151,278. In 1903 the number allowed, 887,000; the number 

 entering, 812,828; in portions of five newly created additional 

 reservations in New Mexico, Arizona, Montana, and Wyoming, 

 601,400 were allowed in 1903, and 600,249 actually entered. It 

 will be observed that no permits are granted for sheep pasturage 

 on any of the California forest reserves. Nevertheless, reserves 

 in several States, including California, have been invaded by 

 herders with large bands, in defiance of the regulations. The 

 cases have been brought into the courts, and the decisions noted 

 in previous numbers of the Sierra Club Bulletin. In the Act 

 of June 4, 1897, Congress evidently intended to give the Secre- 

 tary of the Interior authority to punish any violation of the regu- 

 lations it empowered him to make governing the forest 

 reservations. The judge of the United States District Court, 

 Southern District of California, filed an opinion on November 

 14, 1900, that the Act of June 4, 1897, "in so far as it declares to 

 be a crime any violation of the rules and regulations thereafter 

 to be made by the Secretary of the Interior for the protection 

 of the forest reservations, is in substance and effect a delega- 

 tion of legislative power to an administrative officer," and there- 

 fore unconstitutional. On the other hand, the United States 

 Department of Justice has rendered two written decisions to 

 exactly the opposite effect. The Department of the Interior has 

 no right of appeal in cases of decisions adverse to the United 

 States, and injunction proceedings against sheep trespasses are 

 slow, and in the great mountainous tracts often exceedingly diffi- 

 cult of execution. Advantage of the situation is taken by the 

 sheepmen, no less than 34,000 sheep trespassing on the Sierra 

 Forest Reserve in June, 1903, according to the complaint of the 

 superintendent. The result is great annoyance and a demoraliza- 

 tion of the authority of the Interior Department. Congressional 

 action, making it a criminal offense to pasture stock on a re- 

 serve without a permit would be the simple and effective remedy. 

 A bill for the protection of the public forest reserves and national 

 parks passed the House on April 23d, but the Senate has taken 

 no action, so far as can be learned. 



In 1901 pasturage of horses and cattle was allowed in thirty- 

 two reserves, permits being given to 277,621 head; in 1902 pas- 

 turage was given 357,552 head in thirty-seven reserves; and in 

 1903 pasturage was given 529,973 head in forty-four reserves. 

 Cattle and horses have been allowed in the eight reserves open to 

 sheep pasturage; also in all the California reservations. The 

 following are the California statistics on this subject. The 

 total amount of the reserves in this State is 8,853,129 acres, — 

 in Northern California, 4,923,535 ; in Southern California, 3,929,- 

 594 acres. 



