The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-05
ILLEGAL FENCES
MUST COME DOWN
President Concludes to Enforce
a Law Passed in 1885 to
Force Its Amendment.
HITCHCOCK ISSUES ORDER
ROOSEVELT WRITES LETTER TO
SECRETARY.

Washington, Jan. 4.-By direction of
the president, Secretary Hitchcock to-
day issued an order TO Commissioner
Richards of the general land office at
once TO notify all special agents and re-
ceivers and registers OF local land Of
fces that the act of Feb. %. 1885, for
the summary destruction of illegal en-
closures and Instructions existing or
public lands vii be rigidly enforced
after April /. 1907.
This order means that all fences en-
closing public lands IN violation of law
must be removed before April l. If
they are not taken down by that time
they viii be tern down by representa-
tives Of the government
Secretary HitchcoclS's order has the
approval of the president Strong pres
sure has been brought TO permit the
fences 10 remain on public lands, even
In the face OF complaints.
After the president and Secreary
hitchcock had conferred regarding the
order, the former sent letter to Mr..
Hitchcock. in which he said:
Presidents Letter.
I'm response to your letter and in
carrying out what after our conversa-
ton seems TO be the best course I an
with the modification of having it APP
ply TO all cases and for taking effect
peremptorily April next. ! trust that
the senator's and representatives from
the great grazing states will realize
that this means that if. as I believe
there should. there is TO be a modifica-
ton OF the law by which il would be
possible TO allow by lease the temporary
enclosure of portions Of the public do
~ q in for. .ayft,
conditions as the government finds
compatible with the best interests of
the actual settlers, of the small home
steaders. the makers-then that
this change OF the law must be made
at this session. Year in and year out
you and | have been besought by men
interested in stock growing 10 permit
the fences TO stay uD 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 requests it 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 il is quite impossible permanently
to permit such an arrangement. There
must be some adequate provision Of
law If there is 10 be any solution of
this problem, and in default of this pro-
vision the present faulty law must be
enforced. You are perfectly at liberty
to show this letter 10 any ard all sem
atOrs whose constituents are chiefly
concerned in this matter"
Hitchcock's instructions.
IN Secretary Fitchcock's order the in
structions to all special agents of the
land office regarding the enforcement
of the law 30 prohibit the enclosing of
government lands for private purposes
are amended so as TO read as follows:
1T shall be the duty of the special
agent. on receipt OF any charge or COM
plant. OF upon information being ac-
Guired by him from any source that
an unlawful enclosure is being main
tanned by any person or persons, ASSOC
citation or corporation at once to pro-
ceed 10 secure sufficient data. including
description Of the lands enclosed with
reasonable certainty. not necessarily by
nletes and bounds nor by governmental
81 bdivisions Cf surveyed lands but 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. or rea-
sonable inquiry be ascertained. and at
once to submit such case. with the data
thus obtained. to the United States at
torney Cor prosecution.
1t shall be the duty of the special
agent. and he shall be SO instructed TO
be alert and vigilant to detect the ex-
istence OF unlawful enclosures i'm his
district. and to proceed in accordance
herewith as hereinabove directed. and
that he is not to construe his duties as
requiring that. before proceeding i'm
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 it shall
be his duty. as hereinabOve stated, to
take the initiative action"