The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-03-29
OF INTEREST TO sTOCKMEN.
An ImPOrtBnt Decision Regarding L
dian Lands.

An EmpOrtBnt Decision Regarding In
dian Lands.
WASHINGTON, March 26.-The secre-
tary of the interior has to-day addressed
the following important and interesting
letter TO the commissioner general OF
the land Office in regard to the occupa-
tiOn OF large tracts of Indian lands by
etockmen:
Sir:-You transmit for my considera-
tion and action Petitions and resolutions
of the citizens of Barbour county Kan
sas, relative to the unlawful enclosing
of tracts of Usage indians lands in said
county, amounting in all to about 20, 900
acres, a boundry, 0fiidavits of corrob-
Grafton, alleged to be false and showing
that among others one John MckItter-
lex and one Andrews his partner, have
enclosed for grazing purposes Il tract Of
about 6,OOO acres subject to presumption,
1 aud by such enclosure and by threats
and violence have prevented bona f1de
| settlement on inclosed tract. You also
state that like Enclosures are believed To
exist IN adjoining counties and recon-
mend that speedy action be taken for
relief to settlers intending TO locate ON
snch inclOsed lands and that the fences
be removed. need not advise that en-
closures of the character described
are unauthorized and illegal, or that
settlement is trespass only, and gives
no right to the occupant, and
that such occupancy does
not legally exclude bona fide settlement
by another. Such trespass on the public
land is equally offensive to law and to
morals, as if upon private property, and
lands not legally appropriated are va
vacant and subject to disposal by
whomsoeYer legally applies for them.
Until settlement is made under the set
| Element laws, there is no objection to
the grazing of cattle or cutting of hay
| on government land, provided such un-
| appropriated lands are left open TO all
alike. To allow few wealthy stockmen
to fence these lands and thus not only
| practically withdraw them from the OPP
Grafton Of the settlement laws, but de-
| prive men of small means of the ad-
vantage of acquiring a settlement, will
not be allowed under any pretense
whatever. Attempts, therefore, by per-
sons in the illegal occupation of such
| tracts to prevent their settlement by
| force or threats of violence will be dis
| countenanced by the department, and
should be by all good citizens. 1t is i'm
material that such enclosures are for
stock range purposes. The law recog-
| niZes no such purposes The enclosures
OF b1chlIteflck ana Andrews are lIlegal
and against the rights of others, who de-
sire TO settle or Craze their cattle on en-
closed tracts 1t gives them. no exciu.
sive right to such lands andChey cannot
thereby or by threats of violence pre-.
vent entrance thereon by others who de.
sire TO Craze thereon or who desire tc
enter thereon for any other purpose
within the law. This department will
interpose no objection to the destruction
of their fences by any persons. desiring
to make bonafide settlements on such
enclosed tracts, should McKitterick and
Andrews endeavor to prevent the same BY
force or threats, but will rather lend il
influence to its appropriate punishment
under the law for their trespass. YoT
will, therefore cause them, and al
Others enclosing tracts of the public
land beyond that allowed by law, to b.
notified by circular letter that the gov
eminent will prosecute or otherwise ex
press Its disapprobation of their trespass
whenever, after such notice, il shall ap
pear that by such enclosure they proven
settlement on enclosed tracts by persons
entitled thereto by the law.
| ISignedl II. NJ. TELLER,
|