The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-06-09
ILLEGAL FENCES OF VAST tx.
TENT IN YELLOWSTONE.
AS SHOWN BY A SURVEY
First Step is Taken Toward Restoring
Public Domain Now Wrong
fully Enclosed.

Making allowance for the usual de-
lays and deliberation OF movement -
the government incidental to all such
E,.tters, the prospects are that within
reasonable time-that is a reason
able time for the governments some.
thing definite may be expected in the
way Of permanently settling the con.
troversy now waging between the
men who are accused OF Illegally en-
closing lands belonging to the public
domain and those who insist that such
lands shall remain open to the free
and common use of all who may wish
to utilize them for grazing purposes.
The first steps locally in that direc-
tion have been taken and before many
days will have elpsed the matter will
be before the general land office for
it's disposition.
AS published in The Gazette several
weeks ago, some of the men inter-
ested in the question, particularly
those who have been making the
claims Of illegal fencing, arranged for
a survey OF large tract within Vel
loWstone county for the purpose OF
determining beyond doubt the area OF
such Illegally fenced lands and by
whom they are enclosed. This survey J.
was completed few days ago. The
work was done by County Surveyor
Morris, to whom the contract was
awarded. Working conjointly with
him was a member of the United
States surveying corps, who partici-
pated as the official representative Of
the government
While the exact figures are not
now prOcurable, it is safe to say that
the survey demonstrates the existence
of no fewer than 275,O0O acres of land
belonging to the government that has
been wrongfully enclosed All this
within the limits of Yellowstone coun-
ty. This land is situated in what is
known as the Lake Basin region and
to the north and west generally. Plats
are now making and as soon os COM
pleted will be forwarded to the com
missioner of the general land Office.
Although the exact mode OF pro.
ceedure that will be adopted by the
commissioner is not known, it is be-
lieved that he will refer the matter
to the department of justice, with
instructions to proceed Immediately
against the parties who are the Of
tenders. The courts will then be
called upon to take cognizance and it
the claims now making are sustained
the illegal fences will be ordered re.
moved.
1t is but just to say that some OF
the men who admit that they have
enclosed land not belonging to them
have signifed their willingness to
remove the offending fences at once
without waiting for orders from the
government to do so, but only con-
ditionally. They say that if the other
men who have erected such fences
will pull them down they will do like
WISE Whether any of the Offenders
will take the initiative and proceed
to restore the land, the use Of whisS
they are now enjoying contrary to
law, remains to be seen. If the prom
ises of the others are made in good
faith there may be a general remov-
ing of fences that exist without a
pretext of right and the long and bit
ter war between contending factions
in the sheep and cattle business may
be near it's termination.