anaheim-gazette 1908-05-21
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WINS ITS SIXTH CASE
Government's Regulations Regulating Grazing on Forest Reserves Upheld by Federal Court
[CORRESPONDENCE OF THE GAZETTE]
Washington, D. C., May 16, '08.
The government has just won its sixth important case concerning the validity of the regulations made by the secretary of agriculture to control grazing in the national forests. In the United States court at Denver, Colo., Judge Robert E. Lewis has overruled the demurrer of Fred Light, a wealthy stockman of Pitkin county, Colorado, which contended that the grazing regulations in force on the national forests are unconstitutional.
The whole case revolved around the contention raised by some Colorado stockmen that the government is no more than a private land owner in the matter of state fence laws. A number of states have fence laws which make it impossible for a private person to collect fees or damages from owners of stock which stray upon his land unless the land is fenced. The national forests are not fenced and on this the stockmen based their refusal to pay grazing fees.
A friendly suit to test the regulations of the secretary of agriculture prohibiting the drifting of stock upon the forest. At the public lands convention held in Denver last June the forest officers and representatives of the Colorado cattle and horse growers association, of which Mr. Light is a member, agreed to a friendly suit. The and sowing are usually formed and the same operation, and tion is accomplished by getting what he does not want. The cut from the National Forests the last fiscal year the equivale little over 280,000,000 board timber. This involved cuttings on slightly less than 360 of land, or about one four-hundred of the total area of the Government timber has scarcely been by the operations under way.
Timber cutting on the National Forests has hitherto been done tirelessly by what foresters call selection method." This takes a part of the trees and leaves to grow more rapidly as a reservation up of the forest, while ting also the seeding up of the with new growth. Each tree is selected by a forest officer stamped at the base of the stump again at the breast height. Letters fell any trees which marked for them, the absence "U. S." stamp on the stump the fact to the government and the persons responsible are to book. By this method of actual practice of forestry gradually introduced. This merely that the timber is properly that it is made use of pictures, but also that it is cultivated a crop in order to get as much visible out of the land.
The total cut from the Forests during the fiscal year was 000 board feet, was insignificant comparison alike with the time of government timber, and the productive capacity of all tha when they have been brought management. Balancing
ests are not fenced and on this the stockmen based their refusal to pay grazing fees.
A friendly suit to test the regulations of the secretary of agriculture prohibiting the drifting of stock upon the forest. At the public lands convention held in Denver last June the forest officers and representatives of the Colorado cattle and horse growers association, of which Mr. Light is a member, agreed to a friendly suit. The case is practically the same as the famous Shannon case in Montana, in which the grazing regulations were also upheld.
The decision of Judge Hunt in this Montana case was affirmed by the United States circuit court of appeals at the ninth circuit sitting at San Francisco on February 3, this year. That decision states without qualification that the grazing regulations are reasonable and valid and that the state land laws do not apply to the national forests and that therefore, the drifting of stock upon the forests in violation of the regulations is trespassing, notwithstanding the state law.
The Light decision simply affirmed the same principle in another jurisdiction. The attorneys for Mr. Light, under the agreements made before the trial, are bound not to dispute the facts, but will probably appeal the legal question for decision by the circuit court of appeals at St. Louis. Eventually it will be carried up to the supreme court.
The other suits attacking the grazing regulations won by the government are the following cases: The United States versus Shannon, Montana; the United States versus Bale, South Dakota; the United States versus Deguirre, Northern California; the United States versus Domingo, Idaho; the United States versus Dent, Arizona.
NO FEES ON SIERRA ADDITION
The Forest Service has made a recommendation to the Secretary of Agriculture that all stock which have grazed regularly on the range on the new tracts of land added to the Sierra National Forest, in this state, during the past be allowed to graze free of charge and without permit during the season of 1908.
In the addition recently made to the Sierra Forest, it is reported that a merely that it is made use of pictures, but also that it is cultivated a crop in order to get as much valuable out of the land.
The total cut from the Forests during the fiscal year was 2000 board feet, was insignificant comparison alike with the timber of government timber, and the productive capacity of all trees when they have been brought management. Balancing against another, the government undoubtedly not lessened its timber in consequence of the made during the year, but one trary has much more now than year ago. A great part of them however, has been on timber has not yet reached merchandise. This suggests one of the two reasons why it may not be right along as much wood taking the forests as a while first reason is that it will do try no good some years hence that the forests are making amount of wood per year, if it sizes not big enough to cutage. The second is that it is sary to forecast the needs local inhabitants of Arizona will small consolation to them in to be told that there is a land of timber remaining in Wash. their own forests have no them. Such problems as Forest Service is preparing It is too much .to hope that will not be made. Forestry so long a look ahead that these regulations are likely to be through changes in condition point is that with the best possible the public will be water off than with no provision.
Beautiful Trees
Mrs. E. Aveline Green, then Miraflores ranch, in this just planted on her ranch a collection of rare and beautiful There are among them orchard and fruits and nuts of new California. Among the orchards are the Leucadendron Argentei the famous silver tree from the Good Hope. The leaves of this maturity are densely covered very white, silky hairs.
NO FEES ON SIERRA ADDITION
The Forest Service has made a recommendation to the Secretary of Agriculture that all stock which have grazed regularly on the range on the new tracts of land added to the Sierra National Forest, in this state, during the past be allowed to graze free of charge and without permit during the season of 1908.
In the addition recently made to the Sierra Forest, it is reported that a large portion of the area is used for grazing and that the live stock industry is of importance to the welfare of the people. The number of cattle, horses, sheep and goats occupying the range is unknown and the season is now so far advanced that it is not possible to give proper notice to applicants for grazing privileges, and for this reason it has been recommended that there should be no grazing fees on the addition this year.
METHODS OF FORESTRY
To bring the forests to their full productiveness, however, they must be cut over. The axe is the forester's hoe as well as his scythe. Reaping
Convalescents need a large amount of nourishment in easily digested form.
Scott's Emulsion is powerful nourishment—highly concentrated.
It makes bone, blood and muscle without putting any tax on the digestion.
ALL DRUGGISTS; 50c. AND $1.00.
are usually for him one
some operation, and cultivacomplished by getting rid of
does not want. There were
the National Forests during
local year the equivalent of
280,000,000 board feet of
This involved cutting operarightly less than 360,000 acres
about one four-hundredths
of the area of the Government's
other words, hardly a behas been made in bringing the
their highest productiveness
use, and their reserve of mahas scarcely been touched
operations under way.
cutting on the National Fortherto been done almost enwhat foresters call the "semethod." This takes out only
the trees and leaves the rest
more rapidly as a result of the
of the forest, while permitthe seeding up of the ground
growth. Each tree to be cut
by a forest officer, and
at the base of the stump, and
the breast height. If the cutany trees which were not
for them, the absence of the
stump on the stump betrays
to the government inspector,
persons responsible are brought
By this method of cutting the
practice of forestry is being
introduced. This means not
that the timber is protected nor
that it is made use of as it maalso that it is cultivated like
order to get as much as posof the land.
Cutte & Stewart,
FOUNTAIN...
BAR...
CORONA, CALIF.
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When in Corona come and see us.
Orphanage Report
The following boys have been admitted into St. Catherine’s Orphan Asylum since the last publication:
Whole orphans—Ramirz Lewis, 7 years;
Ramirz Frank 5 years, Belyea Simon 9 years,
Hauser Victor 10 months, Vidal William 7 years, Tresienas Jesus 11 years 8 months.
Half orphans—Lona Jose 10 years, Lona Thomas 8 years, Blancarte Jose 8 years, Leiva Nelson 6 years, Leiva Francis 8 years, Delgardo Delmas 3 years 11 months, Butler Edmond 11 years 11 months, Steele Robert 11 years, Sanders Ora 7 years, Sarders Warren 2 years Martinez Jessie 10 years, Quintana Eugenio 9 years 2 months, Galtes William 11 years 7 months,Hadley Wilbert 7 years 7 months,Faulks Clyde 8 years 3 months, Quintana Leopoldo 1 year 7 months,Rice Marino 8 years 4 months,Rice Lenhardt 3 years 10 months,Herara Henry 10 years 3 months,Herara Alexander 6 years 11 months,Herara John 4 years 4 months,Farley Frank 5 years,Rua Lucia 11 years.
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But it is made use of as it may also that it is cultivated like a garden to get as much as possible of the land.
Real cut from the National Park during the fiscal year, 280,000-acre feet, was insignificant in alpine with the total standment timber, and the yearly capacity of all the forests may have been brought under control. Balancing one thing another, the government has only not lessened its stock of consequence of the cuttings being the year, but on the continual much more now than it had a great part of the increase, has been on timber which has reached merchantable size. Forests one of the two important by it may not be safe to cut as much wood as grows, the forests as a whole. The reason is that it will do the count some years hence to know forests are making a certain amount of wood per year, if it is all in big enough to cut to advantage second is that it is necessecast the needs locally. The loss of Arizona will find it isolation to them in the future that there is a large supply remaining in Washington if forests have nothing for such problems as these the service is preparing to meet. Much to hope that mistakes be made. Forestry requires look ahead that the best care likely to be disturbed changes in conditions. The fact with the best provision the public will be vastly beten with no provision at all.
Beautiful Trees
Aveline Green, the owner ofores ranch, in this town, has had on her ranch a large collar rare and beautiful plants. Among them ornamentals and nuts of new species in. Among the ornamentals neucadendron Argenteum, or silver tree from the Cape of. The leaves of the tree at are densely covered with silicate, silky hairs. Another is years, Tresienas Jesus 11 years 8 months.
Half orphans—Lona Jose 10 years, Lona Thomas 8 years, Blancarte Jose 8 years, Leiva Nelson 6 years, Leiva Francis 8 years, Delgardo Delmas 3 years 11 months, Butler Edmond 11 years 11 months, Steele Robert 11 years, Sanders Ora 7 years, Sanders Warren 2 years Martinez Jessie 10 years, Quintana Eugenio 9 years 2 months, Galtes William 11 years 7 months,Hadley Wilbert 7 years 7 months,Faulks Clyde 8 years 3 months, Quintana Olopolo 1 year 7 months, Rice Marino 8 years 4 months, Rice Lenhardt 3 years 10 months, Herara Henry 10 years 3 months, Herara Alexander 6 years 11 months, Herara John 4 months, Farley Frank 5 years, Rua Lucia 11 years, Rua Antonio 10 years, Rua John 6 years, Morris Louis 5 years 3 months, Aguirre Paul 11 years 8 months, Aguirre Eugenia 10 years 9 months, Cano Lewis 12 years, Cano Jose 8 years, Cano Manuel 6 years, Russell Willie 10 years 11 months, Lopez Jose 12 years, Preciado Sisto 7 years, Preciado Jose 4 years, Claude Raymond 11 years, Blackwood Philip W. 8 years 8 months.
Among the fruit trees are the following: The Pasaflores Edulis, or the fruit which is known as granadilla. It is a perennial, native of Brazil, and produces a fruit that is delicious about the size and shape of a goose egg. Another is the Macadamia Ternifolia, or Australian hazel nut. It is the largest and best of all the hazel nut family. Another is the Ceratonia silique, a handsome leguminous tree with evergreen, glossy, dark green leaves. It is popularly known as the Saint John's bread tree, from the fact that St. John, the Baptist, is said to have lived on its fruits when he was in the wilderness. Another is the Nephelium longanum, which is both an ornamental and the bearer of a most delicious fruit. In all Mrs. Green has had set out about thirty of these various kinds of trees, and excepting one or two of them, the plants are doing finely.
For Sale—House and lot on Vine St., east of Santa Fe depot, Anaheim. House is a five room cottage furnished; stove, bedsteads, etc. For particulars apply to John Dillon.
Several good Bargains in residences in all parts of the city. H. Vossbeck
Real Estate Transfers
Fred C Rimpau et ux to Manuel Fapia—Quitclaim, westerly half lots 23 and 24, Vineyard lot "E5"; $10.
S Griset et ux to C C Johnson—Undivided half interest in E½ of W½ of NE½ of Section 32, T 5 S, R 10 W; $10.
Roman Wisser et ux to city of Anaheim—Northerly nine feet of part of lot 32, original Anaheim; $50.
Drafts sold d
Interest
OFFICERS
W.F. BOTSFORD, Pres
JOHN HARTUNG, ViceFRANK SHANLEY, 20
O. ZEUS, Assistant CarAnaheim,
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Real Estate Transfers
Fred C Rimpau et ux to Manuel Fapia—Quitclaim, westerly ½ lots 23 and 24, Vineyard lot “E5”; $10.
S Griset et ux to C C Johnson—Undivided ¼ interest in E½ of W½ of NE½ of Section 32, T 5 S, R 10 W; $10.
Roman Wisser et ux to city of Anaheim—Northerly 9 feet of part of lot 32, original Anaheim; $50.
Clementina Langenberger to city of Anaheim—Southerly 9 feet of lot 28, original town of Anaheim; $350.
Mrs. Clara Ziegler to city of Anaheim—Southerly 9 feet, of westerly 100.25 feet of original city lot 27, Anaheim; $3.56.
Hugo E Strodthoff et al to same—northerly 9 feet of westerly 81 feet of original lot 31, Anaheim; $162.
Fred A Dyckman et ux to same—northerly 9 feet of northerly 60 feet of westerly 115.25 feet original lot 32, Anaheim; $213.99.
Anaheim Odd Fellows’ Hall to same—Southerly 9 feet of westerly 50.25 feet of Easterly 40 feet of original lot 27, Anaheim; $260.
Emma Bennerscheidt to same—southernly 9 feet of easterly 40 feet of original lot 27, Anaheim; $40.
F A Yungbluth et ux to same—Northerly 9 feet of easterly 59.25 feet of original lot 31, Anaheim; $153.
George Gardner Simon et ux to John O Forster—Undivided one-third interest in large tract near San Juan Capistrano;
Same to same—Undivided one-third interest in 28.5 acres south of San Juan Capistrano; $10.
John Eells et ux to Amelia Seibert—lot 7, Anaheim Homestead Tract; $$0
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