The state herald. (Holyoke, Logan County, Colo.) 1887-1921, 1903-12-18
EVENTS IN WASHINGTON AND
TRANSACTIONS OF CONGRESS
Fencing Of Public Lands.

Inc 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
in its efforts to prevent the unlawful
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 3,952,S44
acres, for the fiscal year ending June
30, 1902. OF that number, nine enclos-
ures. embracing 24,564 acres, were re-
moved, and l44 cases, embracing $685.
$50 acres, We're reported as In process
of removal or as having been laid be-
fore the United States attorneys. The
vigorous policy pursued by the depart
ment during the past year has resulted
In the diminution of the number of
cases reported and of the acreage em-
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
1876, embracing 2,605,390 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 G, r. Dewey, said to be
the principal stakeholder In the Dewey
Cattle Company. Within the past three
years sixty-two miles of fence have
been erected by said company In town
ships 4 and 5, south, ranges So. SO and
81 west, which, connecting with eigh-
teen miles of fence owned by others
makes a total length of eighty miles.
This fence incloseu an area, all told. OF
5l,0i0 acres, of which 3,2iO acres are
state lands. 1,200 are embraced in eight
homestead entries. and 7,iiO acres are
vacant public lands subject to entry I'M
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 ana
by individual complaints. to have been
extremely hostile and oppressive. Not
only have the crops of these bona fido
and settlers been de-
stroyed by this company's cattle, but
the people themselves harassed and in
Inundated 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 an! TO
seek residence elsewhere
Promptly upon hearing OF these IN
lawful acts the department instituted
an investigation. as a result OF which
were begun, through the
department OF justice. under the act OF
February 20. 1855. tsupra). to cause tho
removal of these Illegal fences and to
punish those guilty OF erecting and
them. At the October. |
1903. term OF the United States District |
Court at Leavenworth. Kansas. the |
grand Jury then and there In session in
iicted c. p. Dewey. Chauncey Dewey.
W. ]. Radcliffe. William J. McBrlds
md Louis Mcbride for violation OF sec
ions $40 and sos of the revised stat
ties. in conspiring to threaten. intimi-
late and injure Alpheus Berry. a bona
ide homestead settler upon lands I'M
awfully inclosed by their fences. and
or taking the life of said Berry. Six
Ither counts were found against the
defendants for their molestatlon Of
Ither settlers. An Indictment was also
.ound against Chauneey Dewey. as tho
,gent of G. =. Dewey. for erecting and l
an unlawful enclosure OF |
public lands in violation Of the act OF /
February 20. 1885,