The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-09-11
Judge Hanford's Recent Decision
Against Trespassers.
WILL BENEFIT STOCK GROWERS.
Lessees and Purchasers of Ranges
Guaranteed Protection From Row
ing bands and Herds Owned by
Ofhers-A Million Acres of North
ern Pacific Lands Affected by
Decfsion-Knotty Problem solved.

OF great Importance to the stock-grow-
ing interests OF Washington, and espc-
ciaily OF the eastern part OF the state, IL
the decision rendered by Judge Hanford
OF the United States district court, set
Ting the Right OF the Northern Pacific
Land Company TO control its grazing
lands and prevent trespass upon them
Though the decision is favorable to the
company IL ia not thought by we'll
posted stockmen that tho benefits TO
accrue are OF as great Importance to tho
Northern Pacific as to the stock growers
who have leased and are willing. under
certain protection. to lease the lands for
grazing. The decision, in effect. will pro-
tect the lawful lessee OF grazing lands
against the invasion and encroachment
OF the owners and herders OF rowing
bands. About 10000 acres of land in
this state. owned by the company and
now under lease to stockmen, are at
fected by the decision.
A. Is generally known the original land
grant of the Northern Pacific In this
state comprised the odd-numbered sec
tons OF land lying within forty miles of
Its right of way. Thousands of the acres
thus acquired are unsaleable and. in fact.
worthless except for grazing purposes
and. ne shown In the decision OF Judge
Hanford their value even for this purpose
may be easily impaired and destroyed.
Injunction Is Granted.
The decision was rendered In the case
OF the Northern Pacific Land Company
versus James Cunningham, wherein the
complainant asked perpetual Injunction
to prevent defendant from grazing herds
on lands OF the complainant and for an
assessment of damages. An interlocutory
Injunction issued and. after hearing. the
decision rendered makes the Injunction
perpetual. The property specifically men,
toned In the proceedings embraces about
12oo0 acres OF land in Yakima and Rlicki-
tat counties. but the effect OF the decision
will extend. of course, to all lands held
by the Northern Pacific Land Company
I'm the state.
Judge Hanford sustains the contention
OF the complainant that the lands In
question are OF no value whatever ex-
cept as pasture lands. Before the bring
Ing OF large bands of horses and hocks
OF sheep to the vicinity of these lands the
nutritious bunch grass was produced In
moderate abundance. The soil. however,
IN soft and sandy and the breaking OF
the surface by the tramptng OF animals
loosens the soil 30 that IL IL swept away
by the winds and the grass roots exposed
frost.
leased the lands upon which he grazed
his cattle. but set up as part of his de-
Tense the difficulty of having knowledge
when he was upon the lands OF the com
pany and when upon the even-numhered
sections still owned by the government.
upon which his right no Craze had not
been questioned. On this point the court
SAYS:
''The difficulty Is one FOR the defendant
to contend with. In principle the court
should not interfere with his right 10
pasture upon the public lands while tho
government permits him TO do SO. on the
other hand the laws OF the state OF
Washington make II unlawful for him to
permit his sheep TO craze upon the lands
OF the complainant The court will leave
him to overcome tho difficulty II no can"
T.ru,s NJ tha na.t~sau
BY the terms OF the perpetual intunc-
ton the defendant is not enjoined from
driving his sheep across the complain
ants lands 10 pasture them on even
numbered sections. but he cannot drive
numbered section nor permit them to
Craze upon II.
In discussing the decision. yesterday,
Miller Freeman. editor q Ranch and
Range, an agricultural publication OF Sc
attic. said.
ton OF what has been a knotty problem.
About 100000 acres of the Northern Pa
cifc lands are under lease 10 stockmen,
and now that protection Ia Afforded, the
iesseas and purchasers OF such iasds can,
With assurance. fence, SOW range grasses
and otherwise improve their stock ranges
and Increase the numbers Of their stock.
Tho Cpmpanys terms for leasing in
volve rentals not much more than suffi-
Client TO keep up the taxes on the lands.
and as there ls plenty OF acreage there
IL no reason why every stock grower
should not lease or purchase range for
hts own stock Within his own lawful
limits he can do better Cor himself. main
tain better grazing land and false better
stNck. II Is a good thing for the present
and vastly better for the future that the
grazing lands be- taken care W ana not
Ieft npen 10 the devastation OF the care
less and irresponsible"