Page images
PDF
EPUB

Mr. BOWLER. Yes; you lose it.

Senator ODDIE. Suppose, Mr. Bowler, that a man had a hundred head of stock and was compelled to sell a certain number of those. Later on, if he acquired an equal number of cattle, would he be allowed to go on the range again with that number?

Mr. BOWLER. You get a temporary permit for a year or two. In my case I want to tell you all my troubles and get done with it. I run my stock on a little bit of a poverty stricken stream, Reese River. I have a neighbor, Joe Welch, who runs his stock on the west side of the river and I run mine on the east side. He had a few head of horses that ran on the east side, and I had a few head of horses that were running on the west side. My horses were born and raised on that west side. We had a supervisor over there named McGowan at one time. I said to him, "Mack, maybe I ought to get a permit over here." Well, Joe Welch, a neighbor of mine said, "Oh, let your horses run over there, Jack. My horses run on your side, and it will be all right." Well, this year I have a few head over on the east side. Now, I have been trespassing over there for 5 or 10 head, something like that; 7 head of those horses don't belong to me. And the Forest Service doesn't recognize any understanding that there was between permittees on the east and west sides.

The CHAIRMAN. Who was your neighboring permittee on the east side?

Mr. BOWLER. Joe Welch.

The CHAIRMAN. You had a reciprocity arrangement between you, that his stock might come over on your side and yours might go over on his?

Mr. BOWLER. Yes.

The CHAIRMAN. And that constituted the trespass?

Mr. BOWLER. Yes. That fellow had lived there for about 20 years, and whenever I had a cow over on that side he branded my cow if it was branding time.

The CHAIRMAN. With your brand?

Mr. BOWLER. With my brand, certainly. And if I had a beef steer over there or a dry cow, or anything that was ready to beef, he drove them in whenever they were ready, and I did the same thing on the west side. But the Forest Service officials don't consider that Welch and I had sense enough to transact this little business between ourselves.

The CHAIRMAN. You and Welch are both trespassers?

Mr. BOWLER. Yes; we were trespassers in the eyes of these fellows. The CHAIRMAN. Did they penalize you for that trespass?

Mr. BOWLER. I guess I am pretty close to it.

The CHAIRMAN. Your neighbor has all the range on the east side. and you have all the range on the west side?

Mr. BOWLER. Yes.

The CHAIRMAN. And yet you can not make an agreement between yourselves?

Mr. BOWLER. No; they don't consider that we have sense enough to do a little business between ourselves.

The CHAIRMAN. Now, is this trespass that you have committed

on Welch's range and that Welch has committed on yours detrimental to the range?

Mr. BOWLER. Not a bit in the world.

The CHAIRMAN. Are you destroying the range?

Mr. BOWLER. Not a bit in the world. He has as many on my side

as I have on his side.

The CHAIRMAN. It is a mere technicality?

Mr. BOWLER. That is all.

The CHAIRMAN. And Welch will probably be penalized, and you will probably be penalized?

Mr. BOWLER. Yes. In other words, if my cow steps on this side of the ridge I am skinned, and if his goes on that side he is skinned. The CHAIRMAN. And yet it is perfectly agreeable between the two of you?

Mr. BOWLER. Between myself and him; yes.

The CHAIRMAN. What do you think of such an arrangement as that?

Mr. BOWLER. Well, we had better leave and go back to Ireland, where we came from; I believe we would have better times.

Senator ODDIE. I want to thank you, Mr. Bowler-unless you have a further statement you would like to make?

Mr. BOWLER. Not a bit in the world. Is there anything else I can tell you?

Senator ODDIE. That is all, Mr. Bowler.

Thank you.

Mr. Worthington and Mr. Smaling are here. If they have anything they would like to present we would like to hear from them. Mr. WORTHINGTON. I think our case has been pretty well covered. The CHAIRMAN. The hour has arrived when we must adjourn. If there is anyone here that has a further statement he would like to have placed in the record, we would be glad to have you submit it to us, and you may do so by mailing it to the Committee on Public Lands and Surveys, United States Senate, Washington, D. C. If there is no objection, the committee will stand adjourned. (Pursuant to the order of the chairman the following statements are here inserted in the record.)

To the honorable subcommittee of the

AUSTIN, Nev., September 25, 1925.

Committee on Public Lands and Surveys,

Washington, D. C.

HONORABLE SIRS: It is desired to present the following statement for injection into the records of the public hearing held by your committee on September 21, 1925, at Reno, Nev., and particularly into that part of the record appertaining to the management of stock on the Toyabe National Forest.

I, James E. Gurr, the present supervisor of the Toyabe National Forest, was born and raised on a stock farm in southern Utah. During the early part of my life I had extensive experience in handling both sheep and cattle upon public ranges, and with the exception of about three years during which time I was engaged some in mining operations, and the balance in commercial work, my time was devoted almost wholly to the production of livestock. On September 9, 1909, I entered the employ of the Forest Service, United States Department of Agriculture, and served continuously since that time. Entering the service as a forest guard I have since filled all intermediate positions between that and the one I now occupy. During my period of service I have had direct supervision of ranger districts upon which have been grazed four to five thousand head of cattle and horses and thirty to forty thousand head of sheep; also have

43213-25-PT 15— 22

supervised ranger districts where five and six small sawmills have operated; also deputy supervisor on one forest which supported about 30,000 cattle and horses and 90,000 sheep, and on another forest which supported about 27,000 head of cattle and horses and 75,000 sheep. During my experience with livestock before entering the Forest Service and my 15 years continuous employment I have spent the major portion of my time in making a study of methods of handling stock and of plant growth and its requirements.

Forest Ranger Frank W. Miller, who is in charge of the ranger district upon which Patrick Walsh grazes his livestock, was born and raised on a stock ranch in eastern Oregon and has spent practically all of his life in connection with the production of livestock, handling on his father's ranch 500 to 700 head of cattle. He entered the employ of the Forest Service United States Department of Agriculture, about 10 years ago. Besides studying the industry from the practical side he attended the University of Idaho, where he specialized in grazing work and in botany.

Forest Ranger James J. Muir has spent practically all of the past 10 years in the handling of livestock; 8 years of this period was spent on stock ranches in Wyoming and 2 years on stock ranches in Utah. During the period spent in Wyoming he was foreman of the Stoner ranch, which operated 3 bands of sheep and 500 head of cattle. He entered the employ of the Forest Service, United States Department of Agriculture, on June 21, 1925.

Forest Ranger A. R. Torgerson was born and raised on a stock ranch in southeastern Utah. He has worked with stock practically all his life. He entered the employ of the Forest Service on May 13, 1925. This same condition exists to practically the same extent with the other forest ranger employed on this forest, other than he was born and reared in Texas.

The Toyabe Forest comprises four mountain ranges surrounded on practically all sides by hot dry valleys. The total area of the forest is 1,900,727 acres, subdivided into the following types: Alpine, 63,923 acres; Pinion-Juniper, 976,372 acres; Aspen, 190,140 acres, treeless or brush, 670,184. Timber estimates for the forest compiled in 1922 show the following: Limber pine (Pinus flexis), 18,500 M feet b. m.; aspen, 360,000 cords; pinion-juniper, 2,451,000 cords. It is true that there is not any commercial saw timber on the forest; however, the species and products present contribute quite extensively to the development of the mining industries in the immediate vicinity of the forest. In addition the farms and ranches are dependent upon these species for a cheap and plentiful supply of fuel and fencing material and upon the preservation of these timber stands for watershed protection; there being approximately 80 ranches dependent upon streams arising within the forest for irrigation purposes.

Construction of trails for protection purposes has been generally held to s minimum. The only primary trail constructed upon the forest is locally known. as the Toyabe Summit Trail, and was constructed at a cash outlay of $6,805.03, and $295.26 contributed time, or a total cost of $7,100.29. This project consists of a trail along the crest of the Toyabe Range with laterals extending from this crest to the bottoms of the more inaccessible canyons. The total length of the project is 80 miles. This trail is needed not only for protective purposes but administrative purposes, making it feasible to traverse this range with s pack outfit.

The fire hazard generally on the Toyabe Forest is quite low, however, it is possible to burn off the protective ground cover of brush and timber with materia resulting damage to the watershed values. This is evidenced by the fact that on August 30, 1925, a fire burned for a distance of 1 mile in one of the canyons œ. the forest.

Funds with which to construct water developments and short stretches of drift fences are badly needed. Generally speaking, the forest boundaries are so lecated that they include only a very minor per cent of ranges suitable for sprig grazing. After getting beyond these small areas the forest lands are suitabl only for summer grazing. This is due to the fact that generally speaking the areas within the forest rise rather abruptly and reach elevations in excess 11,000 feet above sea level. Where areas are located within the boundaries of the forest which are suitable for spring use, there would be no objection if the majority of the users so desire, to the elimination of such ranges. This, however would necessitate readjustment of the opening dates of the grazing periods & conform with plant requirements on the high elevations.

On April 16, 1925, an inspection was made of that part of the forest which is considered valuable for use as spring ranges and which consists of the low foothills. This inspection disclosed the fact that considerable numbers of stock were now grazing on lands within the Toyabe Forest and the further fact that the forage on this range was not in vegetational readiness for grazing. On this date blue grasses, the principal forage plant, averaged only 11⁄2 inch in height; wheat grass, of which there was but a very small amount, 3 inches; loco in bud; lucern, 2 inches high; horse brush, one-fourth inch.

The period May 27 to 30, inclusive, was spent on the range allotted to Patrick Walsh. During this inspection it was found that stock which had been confined to the low ranges were in much better flesh condition than were the stock that had been allowed to drift to higher elevations before vegetational readiness had been attained. Those confined to the lower ranges had shed their winter coats and were thriving, while those grazing the higher ranges where forage was short and very immature, yet had shaggy coats and were not doing better than holding their own, if that.

The range used by J. F. Bowler was inspected on April 3, 1925. This inspection disclosed the fact that grasses, which are the principal forage plants, were not to exceed one inch high and had not developed to a point where it was possible to identify the species; that horse brush the principal browse was just showing a green tint. Permission, however, was given for the use of the low ranges within the forest due to the fact that hay was not available and to the absence of forage on the farms.

On March 22, 1925, the plant growth record for spring ranges within the vicinity of Reese River Valleys shows that the herbaceous plants had not yet started growth, yet in spite of this fact cattle were present upon the ranges within the Forest in considerable numbers and from five to seven weeks in advance of the opening date of the grazing period. This same plant development record compiled on April 15 showed that the forage plants had not yet attained a stage of growth which would warrant grazing without injury to these plants. Studies have been and are being conducted in accordance with known requirements of plant growth and development in order to establish such seasonal use as will provide needed protection to the forage plants if maximum production is to be obtained. If proper seasonal use is not obtained it is obvious that the carrying capacity of the range is reduced which means the grazing of a fewer number of stock. This fact can be supported by experiments conducted at the Great Basin Experiment Station located in the Ephriam Canyon, Utah, and by results obtained by practical application of such rules on numbers of the forest ranges. Inspection and study of conditions, however, upon the low ranges included within the Toyabe Forest discloses the fact that while not producing-the maximum amount of forage as a result of too early use, yet they are in better vegetative condition than are most of the higher ranges. These higher ranges showing excessive use as is evidenced by plant succession which is taking place on the ground; the more valuable forage plants being depleted and are being replaced by plants having low or no palatability. This condition is primarily influenced by the fact that subsequent to grazing the low ranges the forage plants have an opportunity to at least partly recover from the injury caused by too early use, in that the elevations are such that growth subsequent to grazing is possible, and that there is a limited production of viable seed. This too early use of the spring ranges means, however, that stock must advance to the higher ranges before the time proper usage can be obtained, and as a result due to high elevations and excessive utilization, but little if any viable seed of the palatable plants can be produced. Therefore,

a condition is created which is favorable for the production of nonpalatable species and plants with but little or no forage value.

The opening date of the grazing season for ranges adjacent to the Reese River Valley and practically all forest ranges was in 1920 set at May 1 and May 16. Prior to that time the opening dates were April 16 and May 1. No changes in these opening dates have since been made. It should, however, be understood that these opening dates for all ranges within the Toyabe Forest are not uniform, but that the periods of usuage vary from three and one-half months to year-long periods..

Within the Toyabe Forest individual allotments have been made to the greatest possible extent. This is particularly true as between allotments for cattle and for sheep. Topography is such, however, that the widest possible latitude is given in the drift of stock from one allotment to another. Where topography is such as to make control expensive or difficult, and unless this drift becomes excessive no action has been taken requiring control. On the other hand where

topography makes control practical and where it means, as it frequently does, the excess use of another allotment, then reasonable control is required, for example; cattle are permitted on the forest 45 to 60 days in advance of sheep. If the cattle grazing is uncontrolled, it means that the sheep allotments are often fully utilized before the sheep enter thereon. In every instance where control has been found necessary the permittee has been so informed and requested to take such action as would obviate resulting damage, and being informed that unless such action was taken there would be no other recourse than to take administrative action.

So far as I know requests are made not in the light of a threat of trespass but with a desire to prevent same. For example: On March 22, 1925, J. F. Bowler was informed that a number of his horses were grazing upon range where not permitted. He was requested to remove these horses and not let them again return to the area where unpermitted. These horses were grazing upon an area allotted to sheep, and the sheep permittee strenuously protested their presence thereon, basing this protest upon the fact that said horses were grazing this allotment about one hundred days in advance of the entry date for sheep. Regardless of the request of forest officers these horses were not removed and continued grazing this allotment up to about August 22. In this instance division lines had been definitely set between the two classes of stock, i. e., cattle and horses and sheep. Again these horses were permitted on one side of the valley but they were grazing on the opposite side or a distance of approximately 20 miles from where permitted. No question of topography could here be considered. In every instance when it is contemplated action will be taken which will affect the handling of stock on the ranges an endeavor is made to consult the advisory board of the grazing association affected. Annual meetings are held. not only with the advisory board, but with the members of the association for the purpose of discussing with them measures needed for the enhancement of range conditions. It is not always possible for the stockmen and forest officers to agree as to existing conditions. However, recommendations of the advisory board are carefully considered and weighed and if their recommendations can be acceded to without undue resulting injury to range, to water-shed protection. timber production, or forage resources, these recommendations are accepted: or if it is known that corrective measures are necessary, and if the advisory boards can propound some other solution than is recommended by the forest officers. then their recommendations are considered. Forest officers are, however, devoting a major per cent of their time to the study of existing conditions while on the other hand, due to the various interests of the stockmen, they are able to devote only a very minor part of their time to the study. Examples are present or this forest where overstocking has occurred as a result of the recommendations of the advisory boards. During the period of depression which has existed. and for the years 1919 to 1924 in particular, upon recommendation of the local advisory boards temporary permits in excess of carrying capacity were issued to permittees on the forest for all their surplus cattle. Markets were very poor, sales could not be made without sacrifice, therefore, in order to help the industry to the fullest possible extent these temporary permits were issued. Again increases in protective and maximum limits have been made for the purpose of more stabilizing the operation, and directly upon the recommendations of these boards. Commensurability standards have been approved as recommended Divisions of ranges between the different classes of stock and between individual are taken up with advisory boards, and where they will take action their decsion generally has been final. The quota of salt to be placed on the ranges is quite generally set at the amounts recommended by them. The opening date of the grazing season are discussed with them. Prior to the opening of the seas. of 1925 or more specifically on March 12 to 14, 1925, meetings were held in the office with the advisory boards of three associations; the fourth association appearing as was requested. The purpose of this meeting was to discuss ser sonal use or time of placing stock upon the forest. On April 5, 1925, a meeting was held at Reese River with a majority of the members of the advisory board the Toyabe Dome Association who failed to appear during March, at whe time seasonal use and dates for placing stock on the forest was discussed, a at which time no protest was made to the plans as outlined. The records 1 this office show that with one exception the members of the four advisory bosra recognized on the Toyabe National Forest are persons of mature judgm and were duly elected at the regular meeting of the members, called for t'al

purpose.

« PreviousContinue »