, 1907-01-24
SMALL HOPE OF ACTION.

will permit the fences now enclosing
the public domain to remain up. The
divine poet Dante said that IN order to
be able to enjoy the highest degree OF
happiness one must sink to the lowest
depths of despair. Possibly there Is
happiness beyond tho razing of the
fences, but certainly despair u tol-
low their actual destruction. Their de-
struction Will doubtless make it posi-
BILE for the stockmen of the west to
get together upon some form of control
that will be permanent and far more
satisfactory than control by might.
In his message to congress granting
a stay of execution as 1t We're, the
president said: Much of the public
land can only be used 10 advantage for
grazing when fenced. Much fencing
has been lone for that reason, and al
so to prevent other stock owners from
using land to which they have an equal
right under the law. Reasonable tenc-
ing. which promotes the use OF the
range and yet interferes neither with
settlement nor with other range rights,
would be thoroughly desirable II 1t
were legal. Yet the law forbids it and
the law must and will be enforced. l
will see to It that the illegal fences will
be removed, unless congress at the
present session takes steps to legalize
proper fencing by government control
of the range"
The real question at issue is the kim
of control the government ought to as
sumo. The sheepmen Of Wyoming are
opposed to any kind of a leasing sys'
tenn, the cattlemen appear to favor a
leasing sy stem Whereby for a stipulated
Fee the lessee could have absolute
control for a term OF years of certain
specihed tracts of land, and the presi'
dent appears to favor the same gov
eminent control for the open range
that now exists in the forest reserves.
To adhere to the proposition OF the
sheepmen, now in vogue, means the
razing of the fences by he
department, the destruction of hun
dreds of thousands of dollars worth OF
valuable property and the change from
the raising of cattle and horses to the
raising of sheep. If the second propos-
al-the proposal of the great majority
of the cattlemen-coull be carried Il
and a leasing system ct a nomina zee
be introduced, the fences could remain
and the conditions improved materially,
There would be possession by right
instead of possession by might. Range
troubles would gradually disappear and
all classes of stockmen would be able
to dwell together with the same peace
and tranquility that exists in the farm
ing states. Legal possession is the crux
OF the entire situation.
Mr.. Mondell believes there Is no
hope of legislative relief from this ses-
sion of congress. In a personal letter
to the editor of The Republican he
SAYS: Just o vigorously the recent
order relative to taking down fences is
going to be enforced l am not in a 20
sition to say. l think the president
means what ne says and that Mr.. Gar
field will be inclined 10 follow instruc-
tions literally However, | do not
think there is the slightest possibility
of congress passing any leasing law
this session and there are two import
ant facts that particularly incline me
to this view.
First. Even though the leasing law
received a considerable support in the
committee on public lands, it would
not be f~avorahly viewed by the pres
ent management of the interior depart
ment, therefore it could not become a
law.
Second. Because government con
troll of grazing which is advocated by
the president in his message of De
cember II, will o receive the sup
port of congress, at least of the house,
"Mr, Pinchot, who is the presidents
chief spokesman on this subject, is I'M
alterably opposed to 4 lease law, and
has stated so to me within thirty days.
What Mr.. Pinchot wants is a control OF
the range under which the government
could exercise practically the same con
trcI on all governmest lands that it
now exercises on lands in forest re
serves and under which the public
range would be handled about the
same way the forest reserves are hand
led, and the right to Craze anywhere
on the public domain limited to those
who secure permits.
Personally l I'M opposed to n
such proposition. l could imagine moth
ing that would create greater friction
and dissatisfaction and tend more to
retard development and settlement
than such a system, under which one
would have a permit Tor his milk cows
and ask some range supervisors per
mission every time he wanted to TURF
loose a saddle horse"
Bad as the tearing down Of the fences
will be, MIR. Mondell is of the opinion