New-York tribune., 1903-06-29


she removal Of nine. embracing an area of Zf.oet
acres and 144 cases. embracing 39oS2So acres,
were reported in process of removal or were
said before The United States attorneys of the
various States and Territories where the in
Closures were maintained for action under the
act OF February 25 1855
Il Nebraska it was alleged that a large part
Of the public domain was under fence IN some
manner or other, and that the Homestead la"
was practically dead letter What IS known
es hobo fling" the making OF entries ps
cramps aud other irresponsible persons IN the
interest cf those desiring to obtain large guam
l.tses CT public LANDS for grazing purposes 50
tt was arerre6. there resorted TO-
~ .1a ,s-pe area Of unlawful Enclosures In
sSev-Mexico. 107aooo acres were maintained
nv the Interstate Land Company, on what is
known as the Beales and Royuela grant Ciidei
representations TO the Interior Department tla'
sts order 20 said fences by Aprii l. 1''-'
souId prevent the execution by the company
Of contracts to deliver large quantities OF caItie
On June J. in that removal Of the fences "ooio
cause an interrnnging Of the herds ana ered'
SHANGHAI loss the President authorized an ex-
tension Of the time for the refnofal Oh Saio
senc, 20 July /. 1902 The understanding was
.baf the ferees would be removed at that date
They were not removed then, and said COM
.,sny manifested no disposition TO remove thenl-
j, Is evidently hoped that by continuances' ap-
meals ana other delays incident TO civil proceed
sngs IL could indefinitely orolong the aoJuolca-
sson Of any action that might be brought against
Az 10 remove its fences and thus indefinitely
nnnssnue its unlawful occupation o9 the public
Bands.
FENCES COME DOWN.
I The Secretary of the Interior, however, inau-
s-,,rated such a vigorous policy against these
z ,Sg-- -S-r-s-, ed
rartu,ent of Justice that he advised in
nzehruary last that of the eleven Enclosures
snefatained bv the Interstate Land Company
sr its 1essees on the so-called Beales and Roy
saeIa grant ten were reported removed. leaving
Snly one. of 100000 acrs maintained by David
son & Curtis ana that that case was then in
Abe hands Of the United States Attorney for
action under the act of February % 1oSo-
During the current fiscal year Enclosures have
Prom time 10 time been reported in the states OF
rolorado. Kansas Montana North Dakota, Ore
gon Washington. South Dakota and wyoming
end the Territory of New-Mexico aggregatlng
Li11540 acres OF that vast area. the vigorous
policy Of the Secretary of the Interior mas
raused the removal Of the fences from 1,6l0,62o
scres and of the remaining 500920 acres notice
has been given to remove the fences. which lf
not compiled with viii he followed by vigorous
prosecution under the act above named Al
colorado four miles of drift fences have been re-
moved removal of fences has been effected IN
Fight cases and notice 10 remove issued in
kuenIy-four cases-acreage not reported In
sle- Mexico "a miles of drift fence have been re-
v7,ozed. also one other fence. length not re
ported. and notice to remove was served in two
rsses where the fences were 81 miles total
senEth. There were also removed in Washing
son one drift fence. length not stated, and In
Nevada one fence, acrea e inclosed not stated
Pressure OF all sorts has been brought TO bear
IN the Interior Department to cause a cessation
of the vigorous policy it has pursued against
shese unlawful occupants of the plblic domain
IT has been frequently alleged by them that the
department has been making war upon the cat
sic industry Of the West, and they have written
letters TO different breeders Of cattle in the
Eastern and Middle States, and presented TO
shem the argument that their occupation would
suffer if the zeal of the government were not
abated ana these breeders in the Eastern and
Middle Western States have, in some instances,
written 10 their Senators and Representatives in
Congress. who Lave in turn written to the de-
partment.
TITLES THROUGH WIDOWS.
In such correspondence, In every effort by
those who seek to prevent the removal of such
unlawful fences, ii is sought to evade and OBJ
the only question at issue 1t is the duty
of the Secretary of the Interior TO enforce the
laws relative to the public domain. One of these
laws, which ''forbids and prohibits" the unlaw-
full occupancy or fencing Of the public domain, is
being continuously and persistently violated.
Hinder such circumstances a conscientious
ecutive officer with a proper conception of the
nature of his oath can pursue other course
than that which the Secretary of the Interior is
3earlessiy following. AS stated by the United
States Supreme Court in the case of Garfield Y.
United States d76 L. s. 524):
It cthe government would be recreant to its
duties trustee for the people of the United
States TO permit any individual or private
poration TO monopolize them Cthe public lands)
for private gain, and thereby practically drive
: Intending settlers from the market. 1t needs no
upon the public lands with intent TO inclose
|them for private use would be a mere trespass,
and that such fences might be abated by the
officers Of the government or by the ordinary
processes of courts Of justice.
One Of the methods pursued by those who seek
20 occupy public lands for grazing purposes is TO
have the widows of soldiers make entry of lands
under Section 2,307 of the Revised Statutes.
The speculator furnishes all the money. pays all
the fees. and pays the widow a liberal cempen-
sation for her services in the matter.
unquestionably entry made in good faith
by the widow Of q soldier under Section 2.207 of
the Revised Statutes would be valid. The H.
terror Department, however, is investigating all
such entries to ascertain whether they were
,na6e for speculative purposes and in the in
terest OF any person OF persons other than the
widow.
ALLEGED FRAUD DETECTED
It is evident that a law passed by Congress
FOR the benefit of the defenders Of the country
end their widows and orphans was never in
fended &c be used a vehicle to enable specula-
sors to obtain title to the public domain in
tended for homes for actual settlers
The efforts Of the Secretary of the Interior TO