United States v. Alford - 274 U.S. 264 (1927)
U.S. Supreme Court
United States v. Alford, 274 U.S. 264 (1927)
United States v. Alford
Argued April 28, 1927
Decided May 16, 1927
274 U.S. 264
1. In the Act of June 25, 1910, providing that
"whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain, or upon any Indian reservation . . . shall, before leaving said fire, totally extinguish the same, and whoever shall fail to do so shall"
be punished, etc., the words "upon the public domain" are to be referred to the words immediately preceding, viz., "forest, timber, or other inflammable material," so that the statute applies where the fire is on private lands, but "near" to inflammable grass on the public domain. P. 274 U. S. 266.
2. The Act, so construed, is constitutional, for Congress may prohibit the doing of acts upon privately owned lands that imperil the publicly owned forests. P. 274 U. S. 267.
3. The word "near" is not too indefinite. P. 274 U. S. 267.
Error to a judgment of the district court sustaining a demurrer to an indictment.