The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-11
OUT they ALL 60
Kansas Land Fencing Cases
Come to an End.
Dropped at the Request Of
President Roosevelt.
THEY HAD NO NOTICE.
CattIemen Didn't Have OPP
portunity to Remove Fences.
Not the Rooseveltian Idea Of
Square Deal.
PROMISE TO BE GOOD.
win Take Down Offending En-
closures, They Say.
Thirteen Pending Indictments
to Be Dropped.
Grand Jury to Consider No More
Fencing Cases.
Grand Jury to Consider No More
Fencing Cases.

Through the good offices Of Presi-
dent Roosevelt. who is anxious TO
carry out his policy Of Ito every man
a square deal and favors to none"
thirteen indictments against 2l de-
PENDANTS. preferred by the special fed
eral grand jury in Topeka last Novem-
her for Illegal land fencing in Kan
sas viii be dismissed at the SeDtem-
her term of the United States district
court.
The department Of the interior has
rule that every person who is
Illegally enclosing government land
shall have a notice of so days in which
to remove his fences before he should
be prosecuted.
A big list of indictments for this Of
Tense was returned by the November
grand jury. l. E. Lambert. who is
the attorney for most of the men
charged with the offense, went to
Washington recently and made a per-
sonal appeal to the president, saying
that none of these persons indicted
had been given q notice of sixty days,
that they were all law abiding citi-
zens, and that they would remove
their fences at once if given notice to
do so.
The president communicated With
the attorney general on the matter
and he asked Harry Bone, United
States district attorney for Kansas, to
look up the matter. Mr.. Bone replied
that he found no trace in the files of
his offices Of any notices having ever
been served upon any of the persons
indicted for illegal fencing. So the de-
partment at Washington wrote to Mr.
Bone, giving him authority to dismiss
the cases if the persons indicted would
remove their fences within sixty days
Mr.. Bone presented the matter in
open court before Judge Pollock this
morning.
I. z. Lambert. the attorney for the
indicted persons, appeared and said
that on April 26 at Wichita, at which
time and place the cases We're set for
trial. every one of the persons indicted
would personally appear before the
court and agree 70 a t once remove the
fences which are held unlawful
Thereupon the cases viii be continued
until September and if in the mean
time The defendants all comply to the
order and live UP to their agreement.
the cases against them viii be dis
missed. Should any of them fail,
hover, to remove their fences, then
their cases viii be brought up and
tried.
Mir. Bones Statement.
In stating the matter to the court,
11r Bone said:
Il wish to call up the cases against
persons indicted for unlawfully fencing
government lands. Some of the de-
1endants contend that the general land
otftce substantially promised to give
them sixty days written notice to re-
move their fences and that this was
not done before the indictments we're
returned Perhaps in some of these
cases defendants honestly believed thew
We're entitled 10 this notice, and per
he 4 e.
the claim that in such cases it would
be unfair to convict
The government has no desire to
prosecute these persons with undue
harshness, nor even to seem unfair.
But the government can not and does
not for one Snoment admit that the
gIyinll of any notice is condition
precedent'tO Indictment trial and pun-
lshmenl- BNor does the government
concede that failure to receive notice
TO remRNe these fences would be anv
defense what ever to the charge in the
indictment. Still the situation is one
that naturally appeals to those who are
charged with the duty of prosecutins
Offenders against the laws of the
United States and under all of the
circumstances. the government is will
ling TO give these defendants an oppor-
tunity TO relieve themselves of the
charge Of violating the law
IF these defendants VIII now in
open court. formally announce thai
they will each of them, within sixtv
days from this date, completely remove
all fences and other material from
government land, and frankly sav that
this leniency of the government win be
accepted and acted upon in good faith
without further notice or contention
ce@cerning the want of the notice re-
feFred TO. I am willing these cases
should be continued until the next term
of court with the understanding that
IS to those defendants who have en-.
tirely removed all fencing and material
from gOvernmen lands and furnish thf
prosecution with satisfactory evidence
OF that fact, the cases viii be dismissed
The government does not intenf
that there shall be any misunderstood.
ing about this matter of notice. we
do not wish either your honor. or tn,
defendants or their counsel to have the
mistaken impression that the giving O.
any notice whatever is necessary to ar
Indictment nor that the failure to re
ceive such notice should constitute an,
defense. The continuance of These
cases is granted by the government
from consideration to fairness and no
because of any contention to waive any
right whatever
THE government asks that this mat
ter be disposed of at this time for the
reason that unless an entirely satisfac
tory statement is made by these de
Sendants. that these fences viii be re.