The river press. [volume] (Fort Benton, Mont.) 1880-current, 1907-01-02
FENCING PUBLIC LANDS.

n o DOMAIN mas OeCOuc % soo-
eral in some parts of the country that
it has almost ceased to excite com
ment, the immunity from federal in
reference enjoyed heretofore by the
owners of the fences making it appear
| th at the custom is sanctioned by US
age. But the practice has grown to
such an extent that federal officials
have taken the matter 10 hand, and
from various localities comes news OF
indictments against several Offenders,
some of whom have been punished by
the imposition of penalties prescribed
by the law.
AS several northern Montana resi-.
dents are in receipt of notices from
the United States court to remove
fences from government land, and
others may be subject to similar trou.
BILE at an early date, a brief review of
the situation will be of general inter-
est. This review is made by Attorney
F. f. Stranahan. of this city, at the
request of the River Press, for the
purpose of acquainting the public with
the federal law regarding the subject,
and informing them as to the proper
and prudent course to pursue. Mr..
6tranahan's statement follows:
On February Is, 1885. congress
passed an act entitled IAN Act to
Prevent Unlawful Occupancy OF the
Public Lands, " the main sections of
which are a. follows:
"Sec. l. That all enclosures Of any
public lands in any state or territory
of the United States, heretofore or to
be hereafter made, erected or con-
structed by any person, party, as
ISOLATION OF corporation, to any OF
which land included within the enclos.
ure the person, party, association or
corporation making or controlling the
enclosure had no claim or color of
title made or acquired in good faith,
or an asserted right thereto by or I'M.
! der claim, made in good faith with a
view to entry thereof at the proper
Ilouu-OIIlNCu uuCl WIG 6CuSA "a A""o Vi
the United States at the time such
enclosure was or shall be made, are
hereby declared to be unlawful; and
the maintenance, erection, construc-
ton or control of any such enclosure
is hereby forbidden and prohibited:
and the assertion of a right to the ex.
elusive use and occupancy OF any part
of the public lands Of the United
States in any state or any of the ter.
ritories of the United States, without
claim, color of title, or asserted right
as above specified as to enclosure, Is
likewise declared unlawful, and is
hereby prohibited.
"Sec. 1. That any person violating
any OF the provisions hereof, whether
as owner, part owner, agent. Or who
shall aid, abet, counsel, advise or as
sist in any violation hereof, shall be
deemed guilty of a misdemeanor, and
fined in a sum not exceeding one
thousand dollars and be imprisoned
not exceeding n year for each Of
tense.
"Sec. s.. That the president is here
by authorized to take such measures
as shall be necessary to remove anC
destroy any unlawful enclosure Of any
of said lands, and to employ civil OF
military force as may be necessary
for that purpose
Until quite recently this act was en-
forced in a desultory way and in iso
lated cases where special attention o
the officers Of the government wa
called to offenses. Now Il number 0
clients Of mine have received notice
from the federal government to emo
their fences within sixty days, whicl
action denotes II general movemen
against all violators Of the act.
Last week | called upon the Unite,
States attorney at Helena and had
general discussion of the subject wit
him VA | ascertain that it is the in
tent of the government to make
thorough and universal crusad
: uIuluSi al SUCH CullOSulSS "ANilou
!, discrimination. Divisions Of the pub
: lie lands have beer created, chiefs O
divisions selected with inspectors IN
der them and hat the president, Il
provided in the fifth section OF the az
: will see to it that this law is enforce'
by II vigorous prosecution OF ali OF
r tenders.
While the act does not provide tina
/ notice shall be given to violators c
p it, the chiefs of divisions have adopte
I this method of fair warning in orde
s that the guilty parties may redee,
Y themselves in time to avoid the NOR
y drastic measure of indictment by tn
grand jury. This method was adopted
r not because Offenders were lawful
a entitled to il, but for the reason tha
officers realize thai the enclosure
have been 90 extensive rs 0 have bt
3 come u system of the stockgrowin