The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-27
KANSAS LAND-GRABBERs.
Stockmen win Not Be Allowed to Enclose
Large Tracks of Public Land.

Large Tracks of Public Land.
WASHINGTON, March 26.-The Secretary of
the Interior to-day addressed the following
important and interesting letter to the Com
missioner of the General Lane Office, in re-
gard to occupation of large tracts of lands in
Kansas by stockmen:
sir-Yon transmit for my consideration and
action a petition and resolution of citizens of
Barbour county, Kansas. relative TO the unlaw-
full enclosing OF large tracts of vacant Usage In
dian lands in said county, amounting in all to
about 200, 600 acres, and also suBdry affidavits
eorroborating these alleged facts, and showing
that, among others, one John McKittrick aud
one Andrews, his partner, have enclosed, for
grazing purposes q tract of about 5000
acres subject to n~re-emplion, and by such en-
closure and by threats and violence have pre-
vented bona fide settlement on the enclosed
tract. You also state that like enclosures are
believed TO exist IN adjoining counties, and
that speedy action be taken for re-
lief of settlers In intending to locate on such en-
closed lands, and that the fences be removed. 1
need not advise Won that enclosures of the char
aeter 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 public land is equally
as offensive to law and to morals as if
upon private property. Lands not legally
appropriated are vacant and subject to disposal
by whonisoever legally applies for them. Until
settlement is made under the settlement laws
there Is no objection to tine grazing of cattle or
cutting of hay on government lands, provided
such unappropriated lands are left open to all
alike. To allow a few wealthy stock men TO
fence these lands, and thus not only practically
withdraw them FROM the operation of the set
Element laws. but to deprive men of small
means Of the advantage OF acquiring settlement,
will not he allowed under any pretense what
ever. The attempts, therefore, by persons in
Illegal occupation Of such tracts to prevent their
settlement by force or threats or violence will
be discountenanced by this department., and
should be by all good citizens. 1t is i'm
material that such enclosures are for
stock range purposes. The law recognizes no
such purposes. The grazer may have as equib-
perty OF the government, but this action is not
permissible. He may have only what is allowed
all others. The inelosure OF McKittrick d An
drews is Illegal and against the rights of others
who desire to settle or Craze their cattle on
these Enclosed tracts, The Law gives them no
exclusive right 10 such tracts. and they cannot
thereby, or nv threats or violence, prevent entry
thereon by others who desire TO Craze the same
land or enter thereon for any purpose
therefore, interpose no objection 10
the destruction of their fences by
persons desiring TO make bona fide settlements
on such enclosed tracts, shonld McKittrIck 81
Andrews endeavor to prevent the same by their
fences, or their threats or violence, but Will
rather lend influence to their appropriate pun
ishment under the law for their trespass. You
will, therefore, cause them, aud all other enclosed
tracts of the public land beyond that allowed by
government will prosecute, or otherwise express
it's Misrepresentation of their trPspass Whenever.
after such notice, it shall appear that by such
enclosure they prevent settlement on enclosed
tracts by persons entitled thereto under the law.
H.. NJ. TELLER, Secretary.