Omaha daily bee., 1902-12-07
WOULD EXTEND HERD LAW
Commissioner Eastman Proposes to Prohibit
Free Range for Stock.
FORCING MORE SCHOOL LEASES
ON other Hand, Argue that
Plan would Discourage Fencing
and Make Leasing Less Profit
able Than ut Present.

HOT SPRINGS, S. D., Dec. 6.-Cspecial)
Commissioned Of School and Public
Lands Eastman has thrown a bomb among
the stockmen west Of the Missouri river by
recommending in his annual report that
the herd law, which prevails on the east
ern side of the river, should be extended
over the state, thus covering the cattle
country west of the river where the free
range has been in vogue.
The reason he assigns for such recon-
mendation is that the state lands are
not all leased in the western portion of
the state. He doubtless considers that the
adoption Of the herd Law would result in
the stockmen being forced to lease more OF
the school lands than they do under the
present system. On the other hand. stock
men argue that the adoption of the herd
law would result in disaster, not only to
the cattle industry west OF the river,
but to the interests of the state as well.
In support Of their argument they point
out that the western part Of the state is
entirely a stock country. excepting small
tracts that may be irrigated and farmed.
That to cut off the free range privilege
and compel stockmen to herd would prac-
tically wipe out the cattle Industry, for
with the scant growth Of grass nobody
would think of fencing sufficient ground
to run their cattle in pasture the year
round. They maintain that the reason
more of the state lands are not leased
is that the Board of School and Public
Lands places a prohibitive rental on time
leases. The situation as they put II is
this: To be available to stockmen, these
lands must be fenced; 10 be safely and
probably fenced, they must be leased for
a term Of years; therefore IL the board
wishes to encourage the leasing Of these
lands, It must make it profitable to fence
them; in other words, the board must
make time leases at such rental and for
a sufficient length Of time that stockman
can afford to fence them.
The minimum at present is 5 cents per
acre per year, and 7 cents per acre per
year for five years. 1T is hard to imag-
ine,' said a prominent stockman today,
"a policy more likely to discourage the
time lease and consequently the profitable
occupation Of these lands. A few years
ago, to induce stockmen to lease and fence
these lands, they we're offered IN tracts
of three sections or more, at 5 cents per
acre per year for FIVE years. Many took
advantage Of this rate and fenced bodies
Of these lands. Since then the rate has
steadily increased and the lessee now con-
fronts a situation where he cannot af-
ford to release, neither can he let 90
and abandon his fence. He is between the
devil and the deep sea. The average
school section in this county, when fenced
will not winter pasture to exceed fifty
head Of stock. II the state would offer
them lands for a term of ten years at a
minimum rate of 5 cents per acre per
year, the present rate for one-year leases,
much more of it would be leased and there
would then be no excuse for striking a
blow at one Of the leading industries OF
the Black Hills, as Mr.. Eastman does
when he proposes the adoption of the herd
law"