“ It is true that the 'United States do not and cannot hold property as a monarch may, for private or personal purposes.' Van Brocklin v. Anderson (Van Brocklin v. Tennessee) , 117 U.S. 158, 29 L. ed. 847, 6 Sup. Ct. Rep. 670. But that does not lead to the conclusion that it is without the rights incident to ownership, for the Constitution declares, § 3, art. 4, that 'Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or the property belonging to the United States.' 'The full scope of this paragraph has never been definitely settled. ”

“ And if it may withhold from sale and settlement, it may also, as an owner, object to its property being used for grazing purposes, for 'the government is charged with the duty and clothed with the power to protect the public domain from trespass and unlawful appropriation.' United States v. Beebe, 127 U.S. 342, 32 L. ed. 123, 8 Sup. Ct. Rep. 1083.
The United States can prohibit absolutely or fix the terms on which its property may be used. As it can withold or reserve the land, it can do so indefinitely. ”

“ He justified this position on the ground that the statute of Colorado provided that a landowner could not recover damages for trespass by animals unless the property was inclosed with a fence of designated size and material. Regardless of any conflict in the testimony, the defendant claims that unless the government put a fence around the reserve, it had no remedy, either at law or in equity, nor could he be required to prevent his cattle straying upon the reserve from the open public land on which he had a right to turn them loose. ”