Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-08-10
STOCKMBN ARRESTED
Ranchers in the Lower Pecos Valley
Refused to Remove Their
Drift Fences.
CLEAR EVASION OF The LAW
The Commissioner of the General Land Of
fee Insists Upon the Removal of All
Drift Fences Western States
Interested.


state that Uncle Sam is making life
burden to number of stock raisers
who have erected drift fences on the
public lands. Many of the range cattle
| owners cheerfully complied with the
order of the secretary of the interior to
remove these fences but some of them
have persisted in ignoring the order for
nearly a year, and the United States
marshal has been directed to see that
the fences are taken down If he has to
employ an army Of deputies to attend
to it. Deputy Marshal A. F. Codington
has arrested half dozen or so OF the
stockmen in eastern Eddy county on
the charge of unlawfully fencing in the
public domain. Reports are coming in
from special agents in other states of
the west and the Pacific coast that this
erection of fences is growing rapidly,
and that the local land offices either
fail to order their destruction and re-
moval, or else their orders are disre-
garded.
In some instances certain portions of
the public domain are fenced in; that
is, surrounded by continuous fence,
with occasional openings, which are
guarded and used only by the herders
whose flocks are inclosed. Such fences
as these are thrown up about some lake
or pond, in a fertile grazing plot, and
hold that particular section for the ex
elusive use of one party. This in itself
is unlawful, as the statutes prescribe
that no distractions shall be erected on
the public domain to inclose any por-
ton of it.
INGENIOUS DEVICE.
To get around this provision of the
law other ingenious herders have fig
ured out a solution which provides for
the construction of what are known as
drift" fences. A drift" fence Is mere
ly single line Of fence, which may fol-
low straight line or the bank Of
stream. 1t incloses nothing in the ordi-
nary sense Of the word, and is ostensi-
bly, erected to prevent the sheep or
cattle from wandering any considerable
distance. But this is clearly moi the
main intention of these drift fences.
In every case that has been reported
they are built either alongside lake,
pond or stream that affords desirable
watering place for sheep or cattle, and
operates to the benefit of the herder on
herds on the other. For instance,
fence is erected on a north and south
line, just little to the west of small
lake, and extends, unbroken, for dis
tance of twenty or twenty-five miles in
either direction. Such fence would be
built by the herder to the east of the
lake, who thereby secures to his own
nocks the exclusive use of the water of
the lake and at the same time has the
benefit of the rich pasture land on all
sides of the water. He does not fence
in this pasture by any means but he
knows full well that the herder on the
west side Of the fence Is not going to
drive his sheep or his cattle twenty
five miles to one end of the fence and
then twenty-five miles back on the 9TH
er side
So, in effect, he has practically in
closed that desirable pasture land. and
reserved it for his own stock. lii the
strict sense Of the law, this man is also
a violator, for it is decidedly unlawful
for any man to obstruct the public do
main in any way so that he has any
advantage over every other man.
TO REMOVE FENCES.
These infringements have interested
Commissioner Hermann, of the general
land office, and he has issued emphatic
directions to all agents Of the land Of
flee directing them to see that all such
fences shall be removed without any
unnecessary delay. In some instances 1t
has been shown that these fences have
been erected by poor herders who were
ignorant of the law in the case, and
who have not the means to Immediately
remove the distractions. and to these
liberal allowance Of time will be made.
But where it Is shown that the fences
were erected in direct defiance OF the
law, no quarter will be given. The COM
missioner Is determined that the law In
this regard must be enforced, and he Is
using every possible means to secure
that end. This illegal fencing is known
in almost every grazing state Of the
west.