Owen J. Roberts

“ By § 1 of the Act of 1934, the Secretary of the Interior is authorized to establish grazing districts not exceeding in the aggregate an area of 80,000,000 acres out of certain unappropriated and unreserved public lands of the United States [4] if the lands, in his opinion, are chiefly valuable for grazing and raising forage crops. Before any district is created a hearing is to be held after notice at which officials and persons interested are to be heard. ”

“ Section 3 authorizes the Secretary to issue permits to graze livestock in grazing districts 'upon the payment annually of reasonable fees in each case to be fixed or determined from time to time.' It commands that preference be given, in the issue of permits, to certain persons described in the section and that no permittee who complies with the rules and regulations of the Secretary shall be denied the renewal of his permit if such denial will impair the value of the permittee's grazing unit when such unit is pledged as security for any bona fide loan. ”

“ We are not disposed to attempt a critique of the authorities. Since the jurisdiction and the procedure of the court below is sustained by decisions of this Court, we are unwilling to base our judgment upon a resolution of asserted conflict touching issues of so grave consequence where, as here, the bill fails to make a case upon the merits. ”