The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-24
ONE DAY IN JAIL.
Penalty Imposed Upon Cattle
man E. C. Mitchell.
He Must Also Pay Fine Of
$50.
HE PLEADED GUILTY.
Admitted Fencing a Part of
Public Domain.
HE PLEADED GUILTY.
First of the Cattlemen Suits to
Be Disposed OF.

The troubles of the western Kansas
cattlemen threaten to increase and null
tiply from now on so long as a section
OF government land remains fenced. In
the United States district court this
morning E c. Mitchell of Kansas City,
No, entered a plea of guilty and receiv-
ed light penalty for maintaining a line
fence which enclosed land belonging to
the United States government. Other
cases are likely to arise and in case Of
the continued violation of the statute
the severity of the penalty will prob
ably increase.
Mitchells is one of only two or three
cases of its kind which have come up
in the federal court in this district Vio-
lations of the federal statute prohibiting
the enclosure of public lands have gone
on with impunity in the herd law
counties of Kansas for years and large
tracts of it are still said to be fenced.
1t is the declared intention of the de-
partment of justice to stop the practice
which has in the past been allowed to go
almost unheeded.
In the instance of Mitchelrs case a
tract of government land of little value,
suitable only for grazing and adjacent
to some railroad land leased by him,
had been fenced in together with his
other holdings He had been notified
by the district attorney to remove the
fence but had delayed doing so with the
understanding that he had six months
in which to comply with the order. He
still claims he had removed the fence
when the indictment against him was
found. His ranch was located in Finney
county.
The herding counties have long been
the seat OF war between the big
grazers and the owners of small tracts.
So long as poor government land was
not filed upon there had been no obiec-
ton on the part OF individuals to its
being fenced UP by cattlemen but since
III recent years such land has acquired
some appreCia BILE value the complaints
on the part of persons desiring to file
have become more frequent. It is prin-
cipally from this source that the atten-
tion Of the department of justice has
been called to the violations of the anti
fencing laW.
Judge Hook imposed a fine OF. $50 and
costs and Imprisonment in the Shawnee
county Jail for one day. Similar mini
mum sentences have been given to 9th
er persons convicted upon similar
charges. Mr.. Mitchell is not now en-
gagged in ranching. having closed up his
ranching business last fall He now
lives in Kansas City, Mo. He is a we'll
tO-dO man.
The cases of Matthew Brown Of
renee for selling liquor without a Ii
cense were called at this mornings ses-
sion of court. Neither defendant ap-
peared and the bond in each case was
forfeited. The ease of Richard De Bar
rows for selling liquor will come up at
Saturdays session. De BarroWs is a
shoemaker and was arrested upon in
formation given by an Indian. The case
of John Bradshaw of Topeka, on a SINH
lar charge. is docketed for this after
noon.
Robert Simons, charged with an as
sault upon guard at the federal prison
at Leavenworth viii probably be tried
/ this afternoon Thomas Stevens Will be
tried for the robbery of a postohice at
Green, Pottawatomie county. A num-
ber of small criminal cases called this
morning were continued.