Omaha daily bee., 1902-11-24
JOHN s, MUSB1,
Special Agent General Land ONCE
Copies of Correspondence.


ALLIANCE, Neb., Sept. 10, 19O2.-Mr. w.
s. Summers, United States Attorney,
Omaha: Dear Sir-I have received your
letter Of September 8 in reply to mine, in
closing afidavits of citizens against C. ].
Wildly and Miller & Leith, who are charged
with having fences on public lands. You
seem to misunderstood my object in send
ing these afidavits to you, as you say that
you already had in your office a list Of wit
nesses and Information against these par
ties, which, with these afidavits, would be
presented to the grand jury in November.
AS the afidavits would not be legal evidence
to go before the grand jury l did not send
them to you for any such purpose; on the
contrary, as l said, because such an affidavit
is required as a condition precedent to a
suit to compel the removal OF a fence by
section 2 of the act of February 25, 1885. 1t
Is made the duty OF the district attorney,
after the afidavit has been filed. to institute
a civil suit praying a decree for the re-
moval of the fence. The language of the
act is imperative. Such a suit is given
precedence of all others on the docket and
a decree In 1t must be summarily executed.
This was the practice in Colorado where 1
have been operating during the past year.
You are wrong in supposing that the re-
ports made to you by Special Agent Lesser
against these parties related to fencing.
They we're for fraudulent entries. I am
asking for a decree In a suit in equity to
pull down a fence. 1t is true that section
4 Of the act makes the fencing Of public
lands a misdemeanor, and you can proceed
to punish the guilty parties by indictment,
but the civil suit authorized by the act is
concurrent with a criminal prosecution. A
suit is a far more efficient remedy and far
less expensive, as 1t would not involve the
transportation Of witnesses several hundred
miles. nor the delays incident to criminal
procedure.
II therefore request that suits in all
cases in which / shall send afidavits about
fencing be instituted Immediately. Re-
spectfully.
JOHN s. MosBY, Special Agent"
object TO RemOv Fences.
ALLIANCE, Neb., Sept. II, I9O2.-Mr. w.
8. Summers, United States District Attor-
ney, Omaha, Neb.: Dear Sir-Herewith in
closed is the afidavit OF Ralph B. Whitlam
complaining that Valentine and John King
have fenced public lands in Cheyenne
county, Nebraska. l wish to institute i'm
mediately a civil suit to compel the removal
of this fence. l drove over into Cheyenne
county yesterday to examine It. The main
object of the government is to remove
fences that obstruct the settlement Of public
lands, not to infict punishment on persons
who have such fences, provided they obey
the law and remove their fences when or
dered by the courts. I was sent here on
account Of the complaints made to the gem
eral land office that a large portion OF the
public lands OF western Nebraska had been
appropriated by means of fences to the
private use Of cattle kings and that by force,
threats and intimidation settlers are ex-
cluded from them. l wrote you yesterday
tha 1 am not now asking you to institute
criminal proceedings to inhict penalties,
but civil suits to remove fences. Re-
speotfully, JOHN s. MOSBY,
Special Agent. General Land once"
ALLIANCE, Neb., Oct. 2, 19O2.-Mr
Bartlett Richards. Ellsworth, Neb.: Sir
/ have been instructed by the commissions
Of the general land once to notify you thai
certain fencing Of public lands. erected and
maintained by you in violation OF law IN
Sheridan and Cherry counties, Nebraska
must be removed within sixty days; other.
wise the civil and military authority Of the
government will be employed to Co 1t.
"The VIGOROUSLY fraudulent homestead
hlings Of so-called soldiers widows within
the territory inelosed by your fence are nj
protection to II. as they do not constitute
In the language OF the statute, a claim o
title made or acquired in good faitb sait