National Republican., 1883-03-27
THE FENcEs MUST GO.

stoclxmen Who Have Fenced in Public
Lands Have Acquired No Title 10 Them
Thereby, and Actual Settlers Mny Tear
Down the Fences II They Want TO.
The secretary of the interior addressed a
long letter to tho land commissioner in re-
gard to tho occupation of large tracts of In
dian lands in Kansas by stoclImen. A petit
tion and resolutions of citizens of Barbour
county relative to this matter. and aiii-
davits filed, show that two men named
McKittrick and Andrews have inclosed
for grazing purposes a tract of about 5000
acres subject to pre-emptiou, and by such in
closure, as well as by threats and violence
have prevented bona fde settlement of the
tract. About 200, 900 acres Of Indian lands have
also been incloscd in similar manner and
for similar purpose, and like Enclosures are
believed to exist in adjoining counties. In
reference to this the secretary says
l need not advise you that Enclosures of
the character described are unauthorized and
Illegal or that settlement is trespass only and
gives no right to the occupant or that such
occupation does not legally include 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 and vacant
and subject to disposal by whomsoever
legally applies for them. Until settlement is
made under the settlement laws there
is no objection to the grazing of cattle or cut
ting hay on government land, provided such
unappropriatcd lands are left open to all
alike To allow II few wealthy stockmen to
fence these lands, and thus not only practi-
cally withdraw them from the operation of
the settlement laws, but deprive men of small
means of the advantage of acquiring settle
ment, will not be allowed under any pretense
whatever. Attempts, therefore, by persons
in illegal occupation of such tracts to prevent
their settlement by fence or threats or vio-
lence will be discountenanced by this depart
ment, and should be by all good citizens.
"It is immaterial that such Enclosures are
for stock range purposes. The law recog-
nizcs no such purpose. The grazior may
as equitably claim any other MS the landed
property of the government, but neither is
permissible, He may have only what is
allowed all others.
"The inclosure of McKittrick and Andrews
is illegal and against the right of others
who desire to settle or graze their cattle ON
the inclosed tract. 1t gives them no OK
elusive right to such tracts, and they cannot
thereby, or by threats or violence, prevent
entry thereon by Others who desire to Craze
the same land, or to enter thereon for any
purpose within the law. This department
will, therefore, interpose no objection to the
destruction of their fences by persons desir-
ing TO mako bona fde settlements on such
inclosed tracts should McKittrick and
Andrew endeavor to prevent the same
by their fences, or their threats, or
violence, but will rather lend its influence to
their appropriate punishment under the law
for their trespass.
"You will therefore cause them and all
others inclosing tracts of tho public land be-
yond that allowed by law to be notified by
circular letter that the government will pros
ecute, or otherwise express its disapprobation
of their trespass, whenever after such notice
1t shall appear that by such incosure they
prevent settlement on the inclosed tracts by
persons entitled thereto under the law"