The Grit-advocate., 1903-12-18
EVENTS in WASHINGTON AND
TRANSACTIONS OF CONGRESS
Fencing of Public Lands.


The annual report of the secretary OF
the interior has this to say on the il
legal fencing of public 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
fencing of public lands by that class
that seeks to occupy them for grazing
purposes.
Without a repetition of the matters
set forth in that report, the summary
showed l53 cases of unlawful fencing
of public lands, embracing 1882 .S44
acres, for the fiscal year ending June
80, 1902. OF that number. nine enclos-
ures, embracing 24,564 acres, were re-
moved, and l44 cases, embracing 3.92S,-
2SO acres, were reported as in process
of removal or as having been laid be-
fore the United States attorneys. Inc
vigorous policy pursued by the depart
ment during the past year has resulted
in the diminution of the number or
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 ofticA being
1856, embracing 2,605, 800 acres.
One of the most celebrated cW1es or
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 stakeholder in the Dewey
Cattle Company. Within the past three
years SiXty-two miles of fence nave
been erected by said company in town
| ships and 5, south. ranges 30. 81 anu
| 81 west, which, connecting with elsh-
| teen miles of fence owned by others,
makes total length of eighty miles
| This fence incloSeu an area. all told, OF
| 81 ,040 acres, of which 324U acres are
state lands, 200 are embraced IN elght
! homestead entries, and 7,i4O acres are
vacant public lands subject to entry IN
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 IT,
Berry family. at the home OF Aipheus
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 fide
homesteaders and settlers been de-
stroyed by this company's cattle, 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 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 25, 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 C. P. Dewey. Chauncey Dewey,
| W. j. Radcliffe. William J. Mcbride
and Louis Mcbride for violation of sec
tions $40 and 55OS of the revised stat
utes. in conspiring to threaten, intimi-
date and injure Alpheus Berry, 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. 1855.