21 N.M. 435 | N.M. | 1916
OPINION OF THE -COURT.
Appellant was convicted of a violation of that part of section 102, C. L. 1897, which is as follows:
“It shall not be lawful for any person in this territory ,tc pasture any kind of the lesser animals, such as milch goats and sheep, sheep for sale, etc., in any Quantity whatever near the settlements or cultivated lands either public or individual, of any person or persons except at a distance of two miles from all cultivated lands or settlements. Any person or persons who shall violate the provisions of this act, may be accused before any justice of the peace, and upon conviction thereof shall be fined in a sum not exceeding ten dollars.”
The assignment of errors present three questions: (1) Has the statute been repealed? (2) Is the statute invalid as an invasion of the control by the federal government over public lands? (3) Was the construction placed by the.trial judge upon the statute incorrect?
For the reasons above stated, the judgment-of the lower court is affirmed.