Omaha daily bee., 1902-07-22
TALKS TO THE CATTEEHEN
Secretary Hitchcock Expresses His Views
on Fencing PdblioD cIrsin.
RIGHTS OF HosESTEAOERs ARE IGNORED
Hecoenises Magnitude Of Industry
and Necessity of Fostering II, but
Department Cannot Ignore
the Law.

Nv
who have fences on the public, ranges have
not vet abandoned their hope Of securing
some modification OF the order Of the pres
ident. and the secretary OF the Interior re-
auiriag their removal The order was ig-
nored by the cattlemen until II was discov-
erA by them that the officials. were deter
mined to have the laws, enforced. linen
anieffort was made to have legislation en-
acted which would give the cattieinen an
other extension OF time for compliance WIN
the law. The effort tailed, and now pres
sure Is being brought 90 bear to induce Mr.
Hitchcock, the secretary Of the interior
TO modify the order, or at least Join IN
n plan for legislation that Will leave the
csttlemen in possession Of the ranges. The
secretary has been resolving a large num-
Der Of ,~letters. from loattlemen throughout
the country, some Of them critlcislng his
position and others urging his assistance
in securing them further rights on the
ranges. The following extract from Mr..
Hlteheock's answer to one Of his CORE
spondents very clearly explains the atti-
tude or the administration toward the cat
tlemen and the leasing proposition:
81 am. today in receipt Of your favor in
closing a letter from Mr.. Smith, in rela-
ton to a recent regulation respecting the
removal OF fences around ranches in the
western country and note that you think
there is considerable force in Mr.. Smiths
criticism OF that regulation.
Has No Discretion.
"Mr. Smiths letter has been very care
fully considered, and / assure you 1t will
always give me very great pleasure to
unite with Mr.. Smith in any legitimate ac-
ton that will add very materially to the
lustre OF your present fame Quoting fur
thef~ from Mr.. Smiths letter, we are hav-
ing q very practical demonstration that the
thoroughbred cattlemen all over the CEN
trail states have written to their representa-
tives In congress and in the senate. and
It may be that some pressure may be
brought to bear that will overcome the
force OF this order but the mistake our
good friends, the cattlemen. are making
Is in supposins that the department has
any discretion In Its administration of the
q laws OF congress, as enacted by the repre-
sentatIves Of the people, and which, unfor-
tunately, in too many instances are be-
ing disregarded by them.
THE department has issued no order nor
regulation that is not in strict compliance
with the law which prohibits the appropria-
tion and occupation by cattlemen Of the
public domain. and you, as a legislator, will,
I think. agree with me that the remedy
for an obnoxious law is its repeal, II 1t is
found to be unjust and against the ip-
terests of the majority Of the people OF
this country. who are the real owners OF
the public domain.
II fully sYmpathize with Mr.. Smiths
very natural and proper desire to find a
market for his thoroughbred cattle among
the cattlemen who have fenced In the pub
Ito dnrnatn 20 m nUNank uhtnh hA aNt
IDENTIFY does not realize, and to the exclu-
sion Of homesteaders and settlers who are
fully entitled to the protection which the
law guarRnteesfthem. He is, perhaps, not
aware, that In one instance alone 65, 00o
acres Of the public domain have been
fenced In by one party. who. with others,
was here last. winter ~endeavoring to Sc
cure legislation that would justify such
action upon terms and conditions that
would practically amount to a conhscation
Of that amount Of the public land.
Excludes the Settlers.
This is only one illustration of the
hundreds OF thousands Of acres OF the pub.
lie domain which have been appropriated
and the miles upon miles OF drift fences
which. have, been erected, to the exclusion
Of settlers and homesteaders, without the
slightest compensation to the government
or recognition Of the rights OF their fel.
low citizens, a proceeding which / am SURE
Mr.. Smith. as a good citizen, would moi
think Of justifying any more than he would
the appropriation by others Of his owl
thoroughbred cattle with no proper mol
reasonable compensation for his loss.
1.-THE department fully realizes and ap.
preeiates the magnitude OF the capital in,
vested in the cattle business, as we'll al
the necessity for. rendering every possibl,
legal and equitable assistance in the pro,
lection and development of such an indls
pensable food-producing industry. but 4
cannot ignore existing laws enacted FOL
the proper regulation Of the same, MOI
could do otherwise than oppose senate
bill 1911, introduced at the last session O
congress. under the terms of which, had /
become a law. all vacant public lands II
sixteen states and territories west Of tn,
Mississippi river would have been open t
lease for a term of ten years, and renew
able for a like period at the rate Of
cents per acre, regardless Of location o.
actual value as grazing land.
THE department is ready and NOR
than willing to assist In securing sueI
legislation as will, on proper lines. pro
teet and promote the interests Of the cat
tiemen. and has so informed them an,
their representatives, both In and out O
congress" +.l 81
WESTERN MATTERS AT CAPITAI