Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-05
III Special Agents and Receivers
And Registers Given Orders
To Destroy Them.
LAW TO BE RlGlDLY ENFORCED
Order Issued After President and Secy.
Hitchcock Had Conferred on
The Matter.

w sshington, Jan. 4.-By direction OF
The president, Secy. Hitchcock today is
sued an order to Commissioner Rich
irds OF rhe general land office at ones
10 notify all special agents and rece,,ers
and registers of local land offices that
he act OF lveb 25, 1856, for the sum-
mary destruction of Illegal enclosures
ana distractions existing on public
ands win be rlgidly enforced after
April l. 1907
This order means that all fences en-
closing public lands in violation OF law
must be removed before April l. If
ihey are not taken down by that time
they will be torn down by representa-
lives of the government.
Secy. HitchcoclSs order has the APP
proval Of the president. strong press
ure has been brought tu permit the
fences to remain on public lands' even
in the face of complaints
After the president and Secy. Hitch
cock had conferred regarding the order
the former sent Il letter to Mr.. Hitch
cock, in which he said
PRESIDENTS LETTER.
I'm response to your letter and in
CARRYING Out Mil0A uAl1A tAA '.'ff'
ton seems to be the best course, l ap-
prove tho circular you intend 10 ISSUE
with the modification OF having IT. APP
ply to all cases and for taxing eHect
peremptorlly April next, trust that
the senators and representatives. from
the great grazing states VIII rehilze
that this means that IL, as ] belize
there should be.there is to be mod'fca-
ton of the law by which it would be
possible to allow by lease the temporary
enclosure OF portions of the public do
main for grazing purposes on sucn
conditions as the government mas
compatible with the best interestS OF
the actual settlers, of the small home
steaders. the ome-makers- then thA
this change of the law must be made
~ this session. Year IN and year out
you and l have been besought by men
Interested in. stock growing TO permit
the fences TO stay up for another six
months or another year, on the ground
of the great damage certain to be done
by taking them down. Many of the
men making these requests are entirely
honest men. whose request II would be
IN the interest of the community to
grant were 1t legally possible TO do so
Though this of course. does not apply
to some of those making the requests)
but 1t is quite impossible permanently
to permit such an arrangement, There
must be some adequate provision OF
law If there is to be any solution of
this problem and i'm default of this pro-
vision the present faulty law must be
enforced. You are perfectly nj liberty
to show this letter TO any and all sem
ators whose constituents are chiefly
concerned in this matter
HITCHCocK's ORDER.
In Secy. HitchcoclSs order the lnstruc-
tons TO all special agents OF the land
office regarding the enforcement OF the
Inv to prohibit the enclosing of govern
ment lands for private purposes are
amended so as to read as follows
1T shull be the duty OF the special
agent, on receipt of any charge or COM
plant, on upon information being ac-
Qured by him from any source that an
unlawful enclosure Is being maintained
by any person or persons, association
or corporation, at once to proceed to
secure sufficient data, including a de-
scrlption of the lands enclosed with rea-
sonable certainty not necessarily by
metes and bounds nor by governmental
subdivisions of surveyed lands hut only
that the enclosure may be identified
and the person or persons guilty OF the
violation, as nearly as may be, and by
description If the name cannot. on rea-
sonable Inquiry. be ascertained, and at
once TO submit such case. with the data
thus obtained. TO the United States at
torney for prosecution.
1T shall be the duty of the special
agent, and nc shall be so instructed, to
be alert and vigilant to detect the ex-
istence of unlawful enclosures IN his
district, and to proceed In accordance
Herewith as hereinabove directed, and
that he is not to aonstrue his duties as
requiring that. before proceeding in
the matter of an unlawful enclosure.
first must be filed with him a formal
complaint By some person or persons
acquainted with the facts. but II shall
be his duty, as hercinabove stated to
take the initiative action"