Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-11-25
TUE LEISE LAW 4 ran IRE.

Gov. Ireland and Attorncy-General Tenn
pleton protest that there is no legal au-
thorty resident in the state 20 destroy the
illegal fences erected around school
land. What is Gov ireland, a. the chief
executive Of The state, charged with the
protection Of the state interests, going to
do about III While admitting that no
civil process is adequate to displace the
fences in the remote grazing districts, the
governor ychcmcntly asserts that he will
not allow the rangers to be used in de-
stroying the Illegal wires. As there is no
other way of enforcing compliance with
the law, we infer that the governor intends
to allow matters to run along as they arc,
and give the free use ofthc school lands 20
the men who have against the law Of the
state, incloscd them That Is what the
lawyers term taking advantage of ones
own tort.
one of the laud boards agents, Mr.
Stephens, after traycrsing the grazing
counties of the West, prepared report, in
concluding which he made this recon-
mendation:
Many million acres OF school lauds are now
Illegally iDcloscd. ~ some Instances alternate
sccd.rs have been leased cents per acre,
but these ylolutora u the law WIN not lcas the
scuool sections at a less price WHY'S thst he.
cau-c they believe they can dilly daily with the
stat and use her property without payiug for
1t. They 10 not seem 20 fear the power an
authority OF the state. ana as long as this state
of affairs exist, they will not respect the laws,
My opinion is that the time has come when
action should DO taken. II distractions
Of post and wire were illegally placed on the
property of an individual BY a person without
any authority or right, or any right to the land,
such individual would certainly have III right to
remove such distractions without applying to
the courts, and It seems 10 me that the state has
equally az much right and authority to protect
her property ~ an individual aud such force
az may he necessary for the protection OF public
property should be used"
But the legal adviser of the state gov
ernmcnt, and the governor, himself a
lawyer who has interpreted the law on
the supreme judicial bench, dissent from
Mr.. Stephens oph ion, and Say that there
is no legal authority for such violent
measures.
Is not this condition OF affairs a con
icssion that the lease policy is a failure?
The lease law was professodly enacted to
compel parties who had illegally incloscd
the school lands TO pay for the
use Of lands they had thus APP
propriated to themselves. -Four leg
islative sessions have been held
since that law was passed, each of which
has had majority in favor of leasing the
lands. Each has tinkcred with the law
and striyen to make it operative. Now
we learn, six years after its enactment,
that it cannot be enforced by loase-law
administration. Cattlcmcn who are dis
posed to respect the law pay for their
lands, Those who do not choose to do so,
defy the law and the authority of the
state to enforce It. The small cattlcmcn
suffer, for they cannot afford to light the
state. The rich and powerful corpora
tions violate the law, and the state con
fcsSes that 1t cannot reach them.
Abolish the wretched, inpotcnt lease
law, make all grass free on the public
school lands, give large and small cattle
men fair show, and the fences will be
torn down and the law respected. The
present law is a farce, as its friends now
confess 1t TO be.