, 1890-08-31

In 1884 these lands Union Pacific
land grant were offered for sale by the
company and in September OF that year
| purchased a large tract a~ggregating
about $4,000 acres and Immediately
afterwards sold 90, 900 acres holding the
remaining 5000. At the time of
making this purchase the cattle interest
throughout a large portion of the eastern
states was threatened with contagious
disease and everything | possessed was
invested in 4 herd of cattle ranging on
the public lands IN Wyoming. | natUr-
ally experienced some anxiety for theiE
safety. The value of these lands de-
pended largely upon the night 10 fence
them. If they could properly be fenced
such purchase might prove of great value
to me IN enabling me TO separate my cattle
from others on the range and thus
protect them from disease. Before max
ing this purchase (tor IL was a large one
for my means) | sought the best legal ad-
vice as | thought o~btainable. Among
those consulted was the Hon. W. w.
Corlett, who stands 10y common consent
not onls as the ablest lawyer in Wyoming,
but one of the ablest in the West. He
unhesitatingly advised that the right ex-
listed, provided il was done 10 a certain
way. My own father was consulted, tho
late Judge Baxter, os the United States
circuit court, and he positively and EN-
phatically expressed the same opinion,
This certain way OF fencing was to place
every part of the fence on lands bought of
the railway company. Believing that |
was acting upon proper advice and had
an unduestiOnable right TO do as | did, |
made the purchase as stated above in
September, 1884, and early in the follow
ing spring, March. 1885 (the month Pres
ident Cleveland was inaugurated). | con-
tracted to have the lands fenced, and 10
April the fencing was completed. In
August following the president issued his
circular %iorbidding the fencing Of public
lapds. This circular was accepted through
out the West rs directed solely against
the fcncing of large tracts of public
lands, which had grown to be
a great abuse, and TO which
the parties fencing had little OF no title.
No application was made Of it TO those
railroad lands either by the people or
agents OF your department. who were on
the grounds and familiar with the facts
Very soon aitor the issuance of the CIR
Gull ", my fears OF loss having passed away
and having an opportunity dispose of the
property at n profit. | began negotiations
for the sale Of the same and in February
last | did enter into a contract for its sale
and under which it was sold the past
spring.
These arc the simple and entire facts
and | rave thought it best 10 lay them
before you myself rather than they should
reach you discolored and distorted through
~prejudiced parties. | had no question at
the time of my right to act as l did.
There were NJ instructions from the
president or the department %forbidding it.
Every panel Of fence was erected 10 ac-
cordanco with the advice received upon
my own land. There was no desire on my
part to use exclusively the public sections
lying within the enclosure, nor was there
any effort to restrain free and easy access
to or from such sections or prevent the
settlement Of the same. | have never
put up a yard of fence since
that date. -Four months later the presi-
dents circular was issued, and very soon
after | entered into an agreement TO sell
the lands. and did sell them. II either
you or the president, TO whom trust you
will present the facts | have laid before
you, are of the opinion that | occupy a
position which would embarrass the adj
ministration, you will do me the kindness
TO put me In possession OF the basis
of the opinion aud if | cannot re
move the ground Of objection | will with
great promptness and in the most proper
and respectful manneI sever my relations
with his administration.
Fromthis letter you will see that | vol
unfairly presented to the department a
full and complete statement of all the
facts OF my counection with the fencing
of the public domain, and assumed the
only ground which a self respecting man
could, viz; an expression of entire will
ingness to tender my resignation, should
the president think my position such as to
embarrass his administration My resig-
nation was subsequently (Dec. ~ tend
cred and accepted upon the sole ground
of the difference in my views and those en-
tertaiued by the administration as to the
right Of the present owners Of the railroad
lands to fence them. As to
the statements that the presi-
dent in making the appointment
was influenced by any other motive than
that OF selecting a proper person to dis
charge the duties Of the high and hon.
orable office, or that he had any knowl-
edge at the time otmaking the appoint
ment, OF Warren's, or my own connec-
ton with the fencing of the railroad land;
that my selection was in any way a con-
cession to the Tennessee congressional dele
CATION; hat ! am or ever have been the
agent of any foreign or domestic syndi-
cate or corporation that the greatest por-
ton Of the fences of NJ. K. Post were
constructed prior to the act of congress
of Feb. 25, 1885. prohibiting the fencing
of the public domain; that | received as a
candidate for the territorial Legislature in
the last election the lowest vote cast for
anyone on the Democratic ticket, or the
lowest vote OF ffy-two candidates for of.
fee in the county; that | had entered into
en- agreement to commit perjury in order
to acquire tide to public lands or for =
other purpose, | have only to say that
they are absolutely false ard unfounded.
GEo. w. BANTER
Knoxville, Tenn, Dec. l6, 1886.
The sale OF the land in question was
made to the Wyoming Hereford Associa-
ton, but before the deeds were made out
the Hereford Association went into bank
ruptcy and Mr.. Baxter consequently now
holds possession Of the land. The SUI
preme court of Wyoming subsequently,
decided that such fencing as that which