Gilpin observer., 1903-12-17
Fencing of Public Lanes.

TGnCIng OF FupItC eaUo3s
The annual report of the secretary of
the interior has this to say on the il
legal fencing oftpublic lands:
In my last annual report, beginning
at page eleven thereof, set forth at
length and in detail the difficulties with
which this department has to contend
in its efforts to prevent the unlawful
fencing of public lands by that class
that seeks to occupy them for grazing
purposes.
Without repetition of the matters
set forth in that report, the summary
showed 1853 cases of unlawful fencing
of public lands, embracing 1852, 2,S44
acres, for the fiscal year ending June
30, 1902. OF that number, nine enclos-
ures, embracing 24,564 acres, were re-
moved, and IA cases, embracing $685.
2SO acres. were reported as in process
of removal or as having been laid be-
fore the United States attorneys. The
vigorous policy pursued by the depart
pent during the past year has resulted
in the diminution of the number Of
cases reported and of the acreage en-
braced within such unlawful enclos-
sures, the total number of cases report
ed during the year as shown by the
records of the general land office, being
135. embracing 2,605. $3.50 acres.
One Of the most celebrated cases of
this character brought to the atten-
ton of the department during the past
year was that of the West End ranch,
in Cheyenne county, Kansas, owned by
the Dewey Cattle Company, and man
aged by Chauncey Dewey, the latter
being son of c. P. Dewey, said to be
the principal stockholder in the Dewey
Cattle Company. Within the past three
years siXty-two miles of fence have
been erected by said company in town
ships and 5, south, ranges 35, SO and
81 west, which, connecting with eigh-
teen miles of fence owned by others,
makes a total length of eighty miles.
This fence inclosed an area, all told, of
51,040 acres, of which 3,24O acres are
state lands, 1,200 are embraced in eight
homestead entries, and 7,440 acres are
vacant public lands subject to entry un-
der public land laws.
The enclosure of homesteads by the
unlawful fences of that company was
the primary cause of the trouble which
resulted in the killing, on or about
June Sd last, by Chauncey Dewey and
his employees, of three members of the
Berry family, at the home of Alpheus
Berry, near the Dewey ranch.
1T appears to have been the policy
of Dewey and his agents and employees
to gain complete and exclusive control
Of all the lands enclosed by their fences
and to adopt whatever measures were
found necessary to accomplish that
purpose, sparing neither life nor prop
erty. Their attitude toward settlers
and homesteaders without, as well as
within their enclosure, is shown by re-
ports of agents of the department and
by individual complaints, to have been
extremely hostile and oppressive. Not
only have the crops of these bona f1de
homesteaders and settlers been-~de-
stroyed by this company's cattle5 but
the people themselves harassed and In
timidated by threats of violence made
by agents and employees; their fences
cut and dwellings deliberately moved
off their homesteads. and a number of
them have been compelled by this out
lawry TO abandon their entries and to
seek residence elsewhere
Promptly upon hearing of these un-
lawful acts the department instituted
an investigation, as result Of which
proceedings were begun, through the
department of justice, under the act of
February rs, 1885, (supra), to cause the
removal of these illegal fences and to
punish those guilty of erecting and
maintaining them. At the October,
1903. term of the United States District
Court at Leavenworth, Kansas, the
grand jury then and there in session in
dicted G. P. Dewey, Chauncey Dewey,
w. j. Radcliffe. William J. Mcbride
and Louis Mcbride for violation of sec
tions 5440 and 5508 of the revised stat
utes, in conspiring to threaten. intimi-
date and injure Alpheus Berry, a bona
fide homestead settler upon lands un-
lawfully inclosed by their fences, and
for taking the life of said Berry. Six
other counts were found against the
defendants for their molestation of
other settlers. An indictment was also
found against Chauncey Dewey, as the
agent of c. P. Dewey, for erecting and
maintaining an unlawful enclosure of
public lands in violation of the act Of
February 25. 1885.