The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-01-12
IMPORTANT ORDER
COMES FROM TEDDY
StOekmen of West Must Deal
Squarely With Fence
Question.
RIG STICK THREATENED
TO ALL OFFENDERS
Orders From President RO0se-
yelt to Land Office officials
Necessitates Quick Work.

y :
cattleman in the country ''sit up Is
the announcement that Special Agent
George F.. Hair of the Interior depart
ment sent out Thursday printed notices
TO individual stockmen and live stock
companies throughout Utah, directing
them to remove all illegal fences or
other distractions maintained by them
upon the public domain prior TO April
l. 1907 or suffer the consequences, Tor
violating one Of the statutes of the
United States. Copies were also sent
to posrmasters throughout the State FOR
posting in their oiDces, that the puoEc
generally may be warned of the penalty
for noncompliance The circular, in
full, reads as follows;
Washington, D. c., Jan. g. 1907,
The Commissioner OF the General Land
Sir:-Referring to the circular OF in
structions 10 special agents Of your Of
flee approved by me on January %, 1904
relative to their duties under the act OF
February %, 1885 (2S Stat, 32D. entitled
OF the public lands" you are advised
that said circular is hereby amended and
modified as follows:
Strike out from said circular para
grsphs and 6. and Insert in lieu thereof
the following;
'1t shah be the. du,y of the special
plnint or upon information being ac-
quired by him from any source, that an
unlawful inclosure is being maintained
by any person or persons. association or
corporation, to at once proceed TO secure
sufficient data including a description OF
the lands inclosed. with reasonable Ger,
taInty. not necessarily by metes and
bounds, nor by Government subdivisions
OF surveyed land. bat only so that the
Enclosure may be Identified and the per-
son or persons guilty OF the violation, as
nearly as may be, and by description II
the name cannot. on reasonable Inquiry.
be ascertained. and 10 at once submit
such case, with the data thus obtained,
TO the United States Attorney for prose-
eution.
ut shall be the duty OF the special
agent, and he shall be so instructed TO
be alert and vlgilant 10 detect the ex-
istence OF unlawful Enclosures In his dis
trict and TO proceed In accordance there
he is not TO constfue his duties as re-
quiring. that. before proceeding In the
matter OF an unlawful inclosure, there
must first be fled with him a formal
quaInted with the facts. but II shall be.
his duty. as llereinabove stated, 10 take
the Initiative himself.
IN this connection you are further in
strucyed by direction of the President.
to at once notify all OF the special agents
and receivers and registers OF local Land
TO give the widest publicity thereto that
the provisions of said act OF February
25 1855, 70 rthe summary destruction OF
Enclosures and obstructlons existing in
violation OF said act Will be rieidly en-
forced on and after April i, 1907
z. 4. HITCHCOCK,
Secretary OF the Interior.
The law referred to is perfectly
plain. Some points covering the case
The Order in Detail.
1t is illegal to build fence upon
any portion of the public lands of the
United States 1t is illegal for settler,
even if he owns his own homestead. to
so build his fences as to prevent other
settlers. or live stock, from obtaining
easy access to public lands beyond.
Sometimes settler land occupies a
valley or the bottom Of canyon, and
his lines are within few yards of a
mountain side or canyon wall The
settler In such cases who runs fences
out those few syards to the mountain
slope or canyon side, thus monopolizlng
the grazing on the mountain for his
own stock is violating the law. Often
private land lies in the mouth of a
canyon, and the owner builds a fence
from one side of the canyon to the
other. This, also, is illegal, FOR the
reason that by so doing he prevents
ready access by settlers and live stock
to the public lands farther up said cen
Drift fences are illegal If built
on the public domain, for, although
they do not enclose anything, they
are still an Construction - to the full
and unrestricted passage back and forth
Of settlers or live stock.
II behooves stockmen and farmers
and all other land owners-to immedi
ately scrutinize their fences and ascer
tain whether or not any portion OF them
are located on the public domain This
order, direct from the President, means
business, and all interested are advised
TO "get busy if they desire to pre-
vent an official call from the United
requesting their immediate presence be
fore the United States court in Sal,
Lake City.
The facts behind this order are: The
President, having had personal ex
perience in the West as q stockman
needs of the stockmen, believes tn,
present fence law neither a success MOI
proper, and, desiring its, repeal OF
amendment. is doing precisely as he die
in New York City while Police Com
nlissioner-rigorously enforcing an OBJ
noxious law that the people will becom,
disgusted and compel its repeal o
amendment. He is in favor of th
Burkctt grazing bill, now pending i,
Congress. some equally sensible
measure, and doubtless, takes thi
means to call the attention Of stock
men TO the matter OF grazing on tn
public domain, and force them to som
concerted and definite action immedi
ately.
Up to Stockmen.
The question is now up to the stock
men Of the West They are face to fac
with the proposition and must get to
gethcr' quickly. The annual nieetin
of the National Stockgrowers' associa
tion will be held shortly in Denver, an
doubtless some united action will the
he taken. The President has now place
the matter squarely before the stocl
men, and if they do not arrive at som
definite conclusion they cannot blam
the Government agents for enforcin
the existing law after April l. 100
1t seems to be the sensible thing {
settle this question of grazing while
stoclman from the West is President c
the United States, and not wait unit
stranger to conditions reaches tbs
Office.
But. pending the action Of Congress