, 1902-03-22
THE FENCES MUST GO.

Special Agent M. B. Camplin is at
Cheyenne with instructions to cause
the removal of all fences from the pub
lie domain coming to his notice. He is
acting under the order OF Commissions
er Hermann Of the general land Office
issued February 6, 1902. In this order
the commissioner says:
From numerous complaints made to
the land department 1t is seen that not.
withstsnding the existing instructions
to special agents to promptly report all
Enclosures Of public lands In any way
coming to their knowledge, such fenc-
ing. instead Of being abated, is still car
ried on to an astounding extent in ev.
cry land. state and territory, in def
ance of the act Of February 25. 1885.
which provides:
THAT all Enclosures Of II public
lands In any state or territory of the
United States, heretofore or to be
hereafter made. erected, or constructed
by any person, party, association or
corporation, to any Of which land in.
cluded within the Enclosure the person.
party. association or corporation max.
ing or controlling the Enclosure had no
claim or color Of title made or acquir.
ed In good faith with = view to entry
thereof at the proper land ONCE under
the general laws Of the United States
at the time any such Enclosure was or
shall be made. are hereby declared to
be unlawful. and the maintenance.
erection. construction. or control of
any such Enclosure IL hereby forbidden
and prohibited, and the assertion of a
right to the exclusive use and occu.
pancy of any part Of the public lands
Of the United States In any state Or any
Of the territories Of the United States,
without claim, color or title. or assert
ed right as above specified as to inclos-
ure. is likewise declared unlawful and
hereby prohibited"
Section 2 Of the act provides for the
manner In which the United States at
torSey shall proceed in enforcing the
law.
Section 8 Of the act provides that no
person shall by force, threats or intim
idation endeavor to keep any person
of any public land or prevent their
settlement thereon.
Section 5 authorizes the president to
take such measures as shall be neces-
sary to removs and destroy any unlaw
full Enclosure Of any public lands, aud to
employ civil or military force as may
be necessary for that purpose.
The commissioner say this matter
properly comes within the province of
the department of Justice but that in.
vestigations by special agents are
deemed necessary to furnish United
States attorneys evidence for judicial
proceedings looking to speedy removal
of fences from lands subject to settle
ment and entry under the public land
laws. While persons violating the
fencing law are not entitled to notice,
it Is now the practice TO allow them
sixty days for removal Of fences.
Agents are directed to give notice
either verbally or by letter to all per-
sons maintaining Enclosures or drift
fences on public lands without color
of title. advising them that in the event
of their failure to remove the fences
within sixty days institution of suit
will be recommended. II persons fail
to furnish evidence of compliance with.
In the time allowed, the facts will be
laid before the United States attorney
for prosecutions.
In conclusion the commissioner says:
ut is expected that the fencing matter
be pushed vigorously hereafter. in or
der that the lands may be open to the1
general public rs oon As possible"
1t is very easy for those who have
illegal fences to coocsede what the RI
sult will be should they be brousht ~
fore the United States .ceart. a. Mr..
Addison spangA Of Coivssse cosaty
tested TINT matter tAosouShly and was
coupealpa to rsspoys hi fsAces.
Those who own nlsGaa 1sncss kaA
better bssta preparstions for. their re-
moval.