, 1907-12-20
SEVERAL CASES TRIED IN UNITED
STATES FEDERAL COURT AT
CHEYENNE DURING
THE WEEK.
In Every Case Thus Far Completed
Judgment Rendered in Favor Of
Government-Albany County Man
Involved in One Case-Prosecu.
tions SO Far Have All Been in
Civil Division.

EpCClhA " AhS
Cheyenne, Wyo, DEG. 2O.-For a
week the United States court, Judge
John A. Riner presiding, has been en-
gagged in trying illegal fence cases. In
every Ease thus far completed judg.
ment has been rendered In favor of the
government, the defendants being or
dered to remove their fences from the
public domain and p~crpetually enjoin-
ed from again erecting them. They
have also been compelled in each in
stance to pay the costs of he suit.
Residents Of Laramie County.
With one or two exceptions the de,
PENDANTS have been residents Of Lara.
mic county and some of them are
among the most prominent stockmeh
in the state. They have had the enc
fit of the best counsel money can pro.
cure and yet none has been able to
evade the net woven about them by
the government officers. They are now
absolutely within tn. power OF the
court and must proceed in accord wit,.
the statute and judgment against them
or place themselves in contempt OF
court, which would be abject folly.
Albany County Man Involved.
OF the cases tried. perhaps the most
notable were against Mr.. Ora Haley
of Albany county and Messrs R. 8. Van
~tassell, Saul Bros, and Hirsig, all OF
Laramie county. In at least two OF
these cases the %subterfuge Of attempt.
ing to transfer title to the county was
attempted, but this proved futile, the
court holding that the fence was no
less illegal because of this attempted
transfer.
Not Looked Upon as Criminals ,
In all Of the cases the government
has proceeded civilly, it having been
the policy of United States Attorney
Burke to make the odium attached to
the prosecutions as light as conditions
would warrant. There has been No
question about the fencing of the pub.
lie domain, it being freely admitted
that fully 80 per cent of the stockmen
of the state have illegal enclosures.
These men have not been looked upon
as criminals, for the very good rea-
son that they were conducting the
business of stockraising upon lines
recognized to be the most economical,
humane and profitable, thus giving to
the state the greatest good to the
greatest number.
Conditions Changing.
Equitable division brought about a
tolerably satisfactory condition through
out the state. But this condition could
not endure. 1t was against the express
terms of the statutes of the United
States, and the plain duty Of the gov
eminent officers was to require the
fences to be removed. When Mr.. Bona
lparte was first made attorney general
Of the United States he was quite in
sistent that all prosecutions should be
brought criminally, but he finally &C
ceded to the recommendations of the
attorney for this district and the re.
suit has been exceedingly satisfactory
to the government.
Civil Action the Wisest.
To prosecute criminally. indict-
ments must be found and a trial by
jury had. This is an exceedingly hard
thing to do, when it is considered, as
stated, that fully 80 per cent of our
stockmen are in the same boat. The
civil action before the judge was the
wisest plan, to be followed by criminal
prosecution in case of defiance of the
courts mandates.
No Sensationalism.
In the cases just concluded there
has been no great demonstration. The
court officers and the special agents OF
the government have gone about their
business in a ~painstaking, quiet, order
ly nj and have secured evidence
that was beyond question.
A thorough test has been made, the
court has brushed aside all technical
questions and has upheld the law and
the government officers In every in
stance.