Brooks v. Dewar, 313 U.S. 354 (1941)

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Brooks v. Dewar

No. 718

Argued May 1, 1941
Decided May 26, 1941
313 U.S. 354

CERTIORARI TO THE SUPREME COURT OF NEVADA

Syllabus

1. The judgment being erroneous on the merits, the Court abstains from inquiring whether this suit to enjoin a subordinate federal officer from alleged invasion of plaintiff’s rights under color of a federal statute but without authority, is a suit against the United States, or whether the Secretary of the Interior should have been joined as a necessary party defendant, or whether the state court was without power to enjoin a federal officer. P. 359.

2. In administering the Taylor Grazing Act of June 28, 1934, the Secretary of the Interior, relying on the broad powers conferred by § 2, issued temporary licenses to stockowners for the grazing of their livestock upon the public lands within grazing districts, and charged a uniform price per head, rather than have the grazing lands go unregulated pending the lengthy period required for instituting the plan, contemplated by § 3, of renewable term permits at reasonable fees adjusted to each case, etc. With full knowledge of this, Congress repeatedly appropriated part of the money thus brought into the Treasury for expenditure by the Secretary in improvement of the ranges.

Held, that the Secretary’s construction of the statute was thereby confirmed, and his action as agent of Congress in the administration of the Act was thereby ratified. P. 360.

60 Nev. 219; 106 P.2d 755, reversed.

Certiorari, 312 U.S. 674, to review the affirmance of a decree of injunction, entered upon the overruling of a demurrer to the bill.