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On the forest range we noticed numerous cattle but did not attempt to make a count of them. We noticed on the low range that while there was weeds in bloom such as lupine and balsam root, there was practically no grass in evidence except in protected places. We noted also that purshia generally over the allotment was in bad condition, showing that serious overgrazing has been going on. In like manner the service berry (Amelanchier) has been seriously overgrazed. We noticed particularly the fenced area immediately south of the Griswold Estate house where grazing has been light, and that the purshia here is in splendid condition having numerous young shoots and in vigorous condition otherwise. Also the pasture of the "G" ranch which adjoins the forest was noted. It was stated that this pasture has been fenced for the last four or five years. Immediately inside of this fence there is much grass in evidence not only in the protected places but also out in the open, while immediately outside of the fence the absence of any grass except in small quantities in protected places is very noticeable.

When riding over the "off" range we noted an abundance of water, which indicates that there will be a good stand of vegetation near the sloughs and on the meadows later in the year. There is a considerable portion of the "off" range that supports almost entirely a stand of sage brush and grease wood. We noted 384 cattle on the "off" range, about 4 per cent belonging to J. W. Smith, Eugene Wines, and J. A. Sharp, the rest belonging to Messrs. Lutts and Myers. C. E. FAVRE, Forest Supervisor.

FOREST SUPERVISOR, Elko, Nev.

ARTHUR, NEV., April 27, 1924.

DEAR SIR: Practically all of the permittees and members of the Ruby Valley Association met with me at the Ruby ranger station and all were desirous of securing permission to turn their stock on the forest and off range May 1, if necessary.

The facts set forth in the petition are the conditions as they actually exist at the present time, and I feel that favorable action should be given under those conditions.

It is not contended that the range will improve under this period of grazing or that it is in vegetative readiness, but under the circumstances it seems to be the only relief for the present time.

Very truly yours,

AUGUST ROHWER, Forest Ranger.

MAY 14, 1924.

Mr. ALFRED SMITH,

Secretary Ruby Valley Livestock Association, Arthur, Nev. DEAR SIR: Reference is made to petition filed with Ranger Rohwer, April 27, which is inclosed herewith in accordance with a request of those signing, made at meeting held April 30.

In order that there will be no misunderstanding as to the obligation of the Forest Service in the administration of national forest lands upon which permittees of your association are grazing livestock, and to further improve the administration by closer cooperation between the Forest Service and permittees, I am making a written record of some of the points discussed with you at the meeting on April 30.

When the Ruby National Forest was created by the withdrawal of public lands from certain areas, the obligation of protecting these lands for timber and watershed purposes was placed upon the Forest Service. There was no provision made for the grazing of livestock, if such interfered with the carrying out of the obligation above stated, neither was there any grazing rights recog nized. The lands were withdrawn for the purpose stated and with the proviso that the resources be used in so far as practicable, s long as it did not impair the watershed or timbered values of the areas. This does not seem to have been the opinion, or be at this time the opinion of some of the permittees. For this reason I wish to make our position clear.

The Forest Service has had several years' experience in the handling of range lands. It has maintained a force of study men, who have spent their time study ing the extent of use that can be made of ranges of different types by grazing

before the plants are being injured and watershed values sacrificed. You have been advised by former Supervisor Favre and Assistant District Forester Woods that the condition of the Lutts division is overgrazed, or is being grazed to a point where the watershed values are being sacrificed. From my observation last fall and the conditions of the range at the time of my visit there on April 30, I can see no justification from a standpoint of proper use of the range to allow grazing by cattle or any other class of stock on this range before May 16, or even later.

Your attention is called to the fact that the permits of this district according to the statement made in the application on file in this office have submitted an ownership of 8,700 acres of grazing lands as dependent property in connection with 5,600 acres of hay land upon the grazing of 1,300 head of stock upon the forest range during the summer period. All of this grzaing land is at a lower elevation than any of the forest land and for this reason would be suitable for grazing at an earlier date than would the forest lands. It is therefore obvious that if these lands are to be considered dependent upon the forest grazing permit that their use would be for grazing during the spring and fall period, when the stock are not being fed on the hay land submitted as dependent. For the reason stated it is my opinion that if the proper cooperation and consideration is given to the management of the forest lands in connection with those owned by the permittees there can be no justification for grazing the forest lands earlier than May 16 and possibly June 1, and in this I have no hesitancy in stating that I believe the time has come when the Forest Service policy must favor the stockmen who are providing themselves with the proper kind of property to round out a year's operation of their stock and allow the grazing of the forest range at the period when it is in the proper condition of readiness from a forage standpoint. I feel that this will be justified from the standpoint of the obligation of the serivce in administering the lands and the consideration of the demand now existing of the use of the ranges during the midsummer period.

I feel confident that you permittees appreciate this situation and that we will receive your full cooperation in working out a management of this range that will be in line with the statements above made. I do not wish to be understood as inferring that the Forest Service is going to take any arbitrary action to secure full compliance with our judgment as to the proper seasonal use of any range in any defininite period of time; that is, in any year or two year periods. However, I do believe that we must be able to show a consistent gain toward the condition of use.

It is the desire of this office to fully cooperate with the permittees in making the use of the range of the greatest value to them, and, on the other hand, we expect and feel confident that we will receive the full cooperation of the permittees in helping us meet our obligtaion in the administration of these lands.

Very truly yours,

ALEXANDER MCQUEEN, Forest Supervisor, By W. K. SECREST, Acting.

MARCH 14, 1925.

Memorandum for files, copy for district forester, Ranger Talbot, and W. R. Bellinger, secretary of the South Ruby Livestock Association.

On March 12 meeting was held at Jiggs, with President J. J. Hylton presiding. The meeting was called by the forest ranger under instructions from the supervisor. The forest officers present were Ranger Butler and Talbot and Supervisor McQueen. The object of the meeting was to work out a plan of relief for the range, either by shortening of the season or reduction in numbers. Considerable sentiment in favor of shortening the grazing season was shown, Mr. Hylton and Dan Riordan being the principal speakers for the Harrison Pass division, Charles Drown, A. M. Griswold, and others from South Fork favoring a shortening of the season to bring the opening date to the middle or last of June. It was freely stated that the range within the forest was only a summer range and therefore could not be maintained if used during the spring, which was before the vegetation and soil conditions were ready for grazing.

The matter of adjustments for 1925 could only be met by a part of the permittees without considerable inconvenience and expense; it was therefore decided that where those using a common range could arrange to use the June 1 to October 15 season this year it would be put into effect; that where it was not going to be possible to work this out mutually among the users of common units the regular May 16 to November 15 season would be approved, and that at this fall's meeting

a definite plan for grazing the various divisions would be worked out, either by shortening of the season or reduction in numbers. All permits to be on an annual basis until a definite relief plan was put into effect.

The advisory board considered the report investigating into the qualifications of Russell Campbell. Their recommendations verbally given was to the effect that as the findings showed clearly that Campbell was not qualified in accordance with the statements of his application in the years 1922 and 1923, that the preference be declared forfeited and the preference returned to the permittees from which taken by reduction, in order to allow him the permit and increase. ALEXANDER MCQUEEN, Forest Supervisor.

LEE, NEV., March 14, 1925.

To Mr. A. MCQUEEN,

Forest Supervisor, Elko, Nev.:

Your petitioners, permittees of the Lee Creek subdivision of the Ruby Mountain division of the Humboldt National Forest, would respectfully represent:

That upon a careful consideration of the proposition of changing the opening of the grazing season on the said Lee Creek subdivision from May 15, to which we have heretofore been accustomed, to July 1, that we consider the said change to be too excessive a change to be made at this time and that it would be very inconvenient or impossible for some of said permittees to adjust their conditions to such a radical change.

Therefore we earnestly petition that the said proposition be reconsidered and that the opening of said grazing season be fixed at not later than the 1st day of June.

Respectfully submitted.

Mr. A. MCQUEEN, Forest Supervisor.

P. J. OGILVIE & SON.
CLARK E. DROWN.
LEE HYLTON.

LEE, March 17, 1925.

DEAR SIR: am inclosing herewith as per your suggestion to us at Jiggs. I have not seen Mr. Griswold since the meeting at Jiggs, so I don't know whether he would be willing to sign it. He is in Lamoille at present and am anxious to

get the petition mailed to-day.

Mr. Clark Drown is very much opposed to shortening the grazing season at all, and Mr. J. L. Hylton agrees with us entirely. As, for instance, much of the grass that is on the hills is June grass, which is entirely unfit for stock to eat in July after it gets ripe but is good feed when green.

Very truly yours,

Mr. A. M. GRISWOLD,

P. J. OGILVIE.

APRIL 21, 1925.

President, South Fork-Lamoille Livestock Association, Lee, Nev. DEAR SIR: Under date of March 14 the following permittees, P. J. Ogilvie & Son, Clark E. Drown, and Lee Hylton, petitioned this office to allow the season, June 1, to October 15, for the year 1925, explaining that to hold their cattle off the forest until July 1, would work a hardship on them.

It was therefore decided to make the approvals for all applicants using range north of the South Fork, or Furlong Creek, to include the Brennen allotment for the period June 1 to October 15.

Your effort to secure a later opening date than this for range protection purposes is very much appreciated and it is hoped that we will in time be able to secure cooperation of the various permittees in building this range up, even though it does necessitate an effort on their part to provide spring range for their cattle.

Very truly yours,

ALEXANDER MCQUEEN,
Forest Supervisor.

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We have established for this forest the band limit 1,250 ewes with lambs, or 2,000 head of dry sheep. These limits are quite generally held to. Where they are not insisted upon it is due to some special conditions existing, and is given consideration before the number is allowed to be exceeded. It is believed that we can, within a reasonable length of time, now secure absolute adherence to this rule.

43213-25-PT 15-14

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