Key legal question
Whether the Regierungsrath’s ordinance of 24 January 1877 was unconstitutional because the cantonal council, not the government, had to enact it.
Extracted holding
The complaint was unfounded; the federal forest statute allowed the cantonal government, in agreement with the Federal Council, to delimit the supervised mountain areas, and the Federal Court could not review that delimitation on the merits.
Extracted reasoning
The ordinance mattered only as to the boundary of the supervised mountain region. For that boundary, the federal law itself assigned the decision to the Federal Council together with the cantonal governments, or to the Federal Assembly in case of disagreement; therefore the Federal Court lacked competence to review the material correctness of the boundary and the formal attack failed.