Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-07-26
TAKING PUBLIC LAND
Illegal Erection of Fences in
Nebraska Being Prosecuted.
CHECKING The PRACTICE
Vigorous Action Initiated Against
the Offenders.
COURSE TAKEN BY ROOSEVELT
Recent Chief Executive First of the
Presidents to Insist Upon
Enforcement of the Law.
~ WILLIAM l.. Ct ETlS.

D. WILLIAM l.. CURTIS
Special Correspondence Of The Star and the
Chicago Record Herald.
OMAHA. July ~ 1909
Divorces are becoming more numerous
and illegal fencing is dying out in Ne
braska. During the calendar year 1905
there were 1883 marriages In Omaha and
.,34 divorces were granted, and those rep
resented only about 30 per cent of the
suits filed. During the same year there
were 2.314 births in the city of Omaha,
LIZA boys and LILO girls. \ slight cal
culation will show you that this is at
the rate Of one divorce for every three
and a half marriages and every four and
half children.
am told that the divorce law has re-
Gently been frightened up so as to prevent
outsiders from abusing the hospitality of
this state by making the residence re-
quirement two years hereafter The
statistics for next year will therefore
show whether 1t is true that the activity
Of the divorce business Is due to residents
or nOn-residents, but it is a matter worth
looking into. AT any rate, the marital
infelicity of Omaha is SO great that at
least half as many people applied for di-
vorces as applied for marriage licenses.
1nclosing Public Land.
The vigorous manner in which the Of
tenders have been prosecuted has prac-
ticaIly put an end to the Illegal fencing of
public lands In this state, and only one
man. Perry A. Yeast OF Hyannas. on the
Burlington railroad, has been detected in
a second offense. Yeast was convicted
January 8, 1903. and sentenced TO pay a
fine Of s., 900 and spend three months In
Jail. Shortly after he served his term he
again connected up the unlawful fences
that had been cut down by the govern
ment authorities and has since been in
dicted the second time. There is said to
be no doubt of his guilt and he will suffer
a much heavier penalty at the second con-
viction.
You will doubtless remember some SEN
sattonal proceedings that occurred here
in November, 1905, when the United
States attorney permitted Bartlett Rich
ards and William G. Comstock, two of
the richest ranchers in the state, to enter
pleas of guilty to unlawfully fnclosing
lands and sentenced each. of them TO six
hours In the custody of the United States
marshal and a fine of $500. The term OF
imprisonment was spent in a club with
considerable hilarity, which brought the
entire proceedings into contempt and ex-
cited the righteous indignation of Theo-
dore Roosevelt to such degree that the
official heads of all the persons response
Bile were amputated by telegraph and
new district attorney and a new United
States marshal were appointed VINO have
shown higher respect for the law and
keener sense of proprtety. Both Richards
and CoInstOck have since been convicted
of conspiracy and have been sentenced TO
imprisonment for one year and to pay
fine of 81, 500 each. Their cases have been
appealed and are now pending in the up
per courts.
Mr.. Richards is one of the richest men
in the state and one of the largest cattle
growers. He resides most of the time in
a beautiful villa at Coronado Beach, Cal
Mr.. Comstock, his partner. resides on
their principal ranch, near Ellsworth, on
the Burlington railroad In western Ne
braska, and looks after the business.
They not only fenced for their exclusive
use large tract of land belonging to the
government, but also entered into con-
spiracy to obtain government lands by
fling fraudulent entries which were sign
ed and sworn to by persons who never
saw the land, who did not pretend to live
upon 1t and were paid for their perjury.
First Enforced by Roosevelt.
There are two distinct crimes involved
In these acts. Mr.. Charles A. Goss, the
United States district attorney, explained
them to me as follows:
ION February %, 1850, Congress passed
an act intended to prevent the fencing of
government land, which is. of course,
:5gally commons open to all who might
reach 1t and use it: but it was being
fenced by parties III large tracts fo- their
exclusive use and benefit. This law was
not observed nor enforced until some time
after President Roosevelt came into Of
flee as President. So many complaints
arose on account of the diminishing area
Of public lands that after careful inves-
tigation and a conference with some OF
the largest owners OF illegal fences it was
announced by the Secretary or the In
terror that the fences must come down,
and many of the large owners agreed to
take them down without suit. At their
urgent request they We're given season
or two Of grass. as otherwise great
by depriving their cattle of pasture. At
the end of that time IL was found they
had not only left their fences standing.
but had become defiant.
Previous to this time homesteads In
Nebraska were limited TO leo acres. but
on the 18th day OF April. 1907, Congress
passed what was known as the 'kinkaid
law which went into effect June ~ 1909.
and gave homesteaders an opportunity to
enter $40 acres within certain limits,
which comprised most of the public lands
in Nebraska. Thereupon many
parties proceeded to procure fraudulent
entries In tracts of go acres, inclosing
them within the illegal fences. When this
was discovered In 1905 prosecutions were
begun, largely for conspiracy to defraud
the United States of the title TO public
lands. for conspiracy to suoorn these en-
trymen to commit perjury in making their
entries. and there were also some prose-
cutions for perjury and subornating of
perjury The results have been such as
to create wholesome respect for the
land laws within the district of Nebraska.
There are yet occasional indictments
for perjury. but In most instances of in
dividuals who desire to make single
entry without complying with the law as
to residence and cultivation and without
any intention to comply herewith, where
as formerly such entries were usually
procured for the use and benefit of large
cattlemen who desired TO preserve their
Illegal fences.
Cases Tried and Convictions.
1.-THE following summary shows the
cases already tried. the convictions and
the sentence imposed. All of the cases
in the list, except the six with short SEN
fences against. Richards, Comstock. the