, 1891-10-28
CAUGHT TAFT THE MARKET
Stock Commission Method of Cir
cumventing the RustIer.
He May Steal on the Ranges but He
Can't Sell His Cattle.
Or, if He Does Sell, the State Cob.
bles the Proceeds.

The stock commission has literally
fgrasped the bull by the horns. Being
unable to prevent stock thievery on the
ranges it has been decided TO reach it by
way of the markets. The commission
has inspectors stationed at the various
important terminal points like Kansas
City, Omaha aud Chicago. When any
shipments sold on any OF these markets
contain cattle about whose ownership
there Is any question, the proceeds of
such sales, with careful records of the
marks and brands of such animals, are
forwarded through the inspectors to the
headquarters of the stock commission In
this city. The list often includes cattle of
unknown ownership. The money is
known as the estray fund and is deposited
IN one of the local banks subject to the
order of the stock commission. The list
of all cattle sold as estrays, together with
the price they brought and the brands
they carried is kept at the Office of the
secretary OF the commission at the capitol.
kiS SOOu tb III OWuCtbhib VI dnf buCh Cht-
tie brand is established a check for the
proceeds is turned over to the owner.
Twice a year two full lists OF all such
estrays are sent to each county clerk in
the state SO that cattle owners may have
a chance to examine chem without max
ing a trip to Cheyenne to do so. Money
remaining unclaimed in tho estray fund
for one year IS turned into the general
fund and at once becomes the property
of the state.
Under the latest stock law the proceeds
of the sale OF all ''estraYs'' are treated in
the manner above indicated. AS to what
constitutes an ''estray" the law does not
specifically state but under its operations
the money realized from the sale of such
''estray' goes invariably to the commits
sion until ownership is established to the
satisfaction of the hoard or one year has
expired, when it is turned over to the
state.
Those who have watched the lists of
daily sales as given in the Chicago and
Omaha stockpapers have noticed that
Wyoming apparently produces a most re-
markable numbef of estrays. His first
impression is that many owners are either
careless in branding their cattle or il
recording their brands, but he soon learn
that a number Of these ''estraYs" are sucf
only in a more or less technical sense
The money realized from the sale of al
cattle upon whose title there is a cloud oil
which carry brands that the commission
know or believe to belong to rustlers. is
sent through the commission houses to
the stock commission just as though those
cattle belonged to unknown owners. 1t
then remains with the owners or reported
owners to establish a clear title. 1t thew
succeed in doing SO the commission hands
over the money realized by the sale; il
they do not the commission hangs On tc
1t as the property of the state and the
claimant, if he wishes to recover, mus
establish his title in a court of justice.
But the commission has now decided to
20 a step further and this is what is max,
ing the hair curl on the head of various
men In various parts of the state. II
cattle carrying a brand known to belong
to a rustler are sold to and shipped by a
man who is not known to be a r%ustler, a
bill of sale is not considered by the com
mission conclusive evidence of ownership
In the second party to the transaction. A
case in point Is that of a johnson county
man. He bought some cattle from an
outfit which Is known or believed to be
r~ustlers. These he shipped to Chicago
with some cattle bearing his own recorded
brand. The money realized from the sale
of the latter cattle he received direct from
the commission house but the balance,
covering the amount realized from the
sale of the cattle which be had bough'
from the alleged %rustler, was forwarded
to the stock commission and remains ii
the hands Of that board. The man ex
hibits a bill OF sale from the alleged rus
tiers, but the commission will not recog
nize it and a suit will probably be the re
rult.
The commission takes the ground tina
il such bills of sale are recognized the.
offer a loophole of escape for the r%ustlers
for while they may ship no cattle directl.
they may. through fraudulent bills of sal
and collision OF men in better publ