Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-12-17
Important Case settled il New
Me1ics!D During the Past
Year
THE DEWEY AFFAIR
The Sawmill and Stock Matters
~ Applied to Government
Forest Reserves

The following extracts from the re-
port Of the secretary Of the interior
are upon subjects Of much interest 70
New Aexicans:
In my last annual report, begin.
ming At page II thereof, | set forth at
length and in detail the dificulties
with which this department has to con-
tend In It's efforts TO prevent the I'M
lawful 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 1873 cases of unlawful fencing
or public lands, embracing 3,9b2,s44
acres. for the fiscal year ending June
SO, 1902. or that number, nine inclos'
ures. embracing 24,5G4 acres. were re'
moved, and 144 cases. embracing q.
S2S,2 $50 acres. were reported as In pro,
cess OF removal or as having been laid
before the United States attorneys Of
the various states and territories for
action under the act Of February 2b.
1885 t23 Stat. l.. 32tl. The vigorous
policy pursued by the department dur.
ing the past year has resulted In tha
diminution OF the number OF re.
ported and Of the acreage embraced
within such unlawful Enclosures. the
total number Of cases reported dur,
INK the year, as shown BY the records
Of the general land ONCE. being las.
embracing 2,605390 acres. Seventy
nine Of these fences. inclosuring II
S7b.t s acres. have been reported re-
moved, In compliance with notices
given BY special agents. Proceedings
are pending TO compel the removal q!
ffty-six. inclosing 62s. $40 acres.
II ia hardly probable. however. that
the reported IS include all Of tho
Enclosures maintained In violation OF
law. There are doubtless many others
TO which the insufficient force OF spec
ial agents with their multitude OF 9th.
er duties have not yet been able 10
give attention Tho t~respassers, how.
ever. are beginning to show a crafty
Ing disposition 10 remove their fences
without compelling the department to
resort TO the courts. The department
is active In preventing or removing the
unlawful Enclosure Of public lands, and
has instructed Its special agents to
render all possible aid TO United
States attorneys having charge OF any
OF these cases.
During the year The department OF
justice, on the recommendation OF this
department. directed the United States
attorney for New Mexico 10 Institute
proceedings under The act OF rebrua..
70, 1856 tsupral. against the san
vinccntc Cattle company. Of that ter.
riiofy. 70 sccnre the removal of IT'S
unlawful Enclosure, embracing a.0sO
acres. The acting attorney general.
In a letter dated November 10. 1909.
Informs me thai this suit was fled
September 30, 1907 that In April.
1908, a special agent of the general
land ONCE. having investigated the
fences. furnished his " and several
other afidayits TO the effect that the
fences had been removed. a Judgment
OF dismissal OF the case was entered
Mt the April term OF court. with costs
aaginst the defendant company.
One 81 the most celebrated cases OF
This character brought TO the atten.
tion Of the department during the past
year was that Of the West End ranch
IN Cheyenne county, Kans.. owned BY
the Dewey Cattle company and man.
aged by Chauncy Dewey. the latter
being a son OF c p. Dewey. said t.
be the principal stakeholder In the
Dewey Cattle company. within the
past three years sIsty.two miles OF
fence have been erected By said com.
pany in townships I and 8 south. rams
es 80. So, and 81 west. which. con.
Meeting with eighteen miles of fence
owned by Others. makes q total length
Of eighty miles, This fence lnciosad
M area. all told, o. bi.oio acres. o.
which 3.2i0 acres are state lands. L..
200 are embraced In eight homestead
entries. and 5,440 acres nfe vacant
public lands subject 10 entry under
public land laws.
The inclosure of homesseads by the
unlawful fences Of that company was
the primary cause Of the trouble which
resulted in the killing. on or about
June 3. last. by chauncey Dewey AMI
his employees. OF three members Of
The Berry family 1t the home Of Al.