The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1910-08-02
SECRETARY WEBB
MAKES A DENIAL


Attorney General Wickersham has in.
structed Samuel Platt United States
district attorney for Nevada, to benu
a civil action against the Golconda
Cattle company, Of which William
Kent is president, for fencing govern.
ment land, according to advices receiv-
ed from Washington.
At the same time criminal proceed
ings, so it was stated, were under con-
sideration, but they win not be insti-
tuted unless an intent to violate the
law is evident
The proceedings grew out of a report
of Special Agent Jewell, who inspected
the fences of the Golconda Cattle COM
pany east of Wfnnemucca and stated
that they inclosed about $500 acres of
government land.
Jewell stated that settlers were de
tered from fling claims on the land by
reason OF the existence of the fence.
When the report was made public ON
July 23d, William Kent, president Of
the company and conservation candi-
date for the nomination for congress
man from the second district, entered a
strenuous denial of the allegations that
the company's fences inclosed govern.
ment land
He went into detail to prove that the
company's fences could not be on pub
lie land, and issued a statement to
the effect that the charges were un-
true and the published accounts Of
them ibelous.
Kent telegraphed to the president
and attorney general on July 28th that
he would remove his fences if they
were on public ground, and that il
would not be necessary for the govern
ment to bring suit.
The federal statute covering the
fencing of public lands became effect
I've on February 25, 1855, and is en-
titled "An act to prevent unlawful oc
cupancy of the public lands.'' Section
provides as follows:
That all Enclosures of public lands
IN any state or territory or the United
States heretofore or to be hereafter
made, erected or constructed bv anv
person, party, association or corpora
ton, to any of which land included
within the inelosure the person, party.
ASSOCIATION or corporation making or
controlling the inclosure had no claim
or color of title made or acquired in
good faith, or an asserted right thereto
by or under claim made in good faith
with view to entry thereon at the
proven land Office under the general
laws of the United States at the time
such inclosure was or shall be made.
are hereby declared to be unlawful, and
the maintenance, erection. construction
or control of any such inclosure is
hereby forbidden and prohibited; and
the assertion of right to the exclusive
use and occupancy of any part Of the
public lands of the United States in
any state or territory Of thes United
States, without claim, color of title, or
asserted right as above specified as to
inclousre, it is likewise declared un-
lawful, and is hereby prohibited.
Section 2 provides for civil action
to be undertaken by the proper prose
cutting attorney and declares that the
fences shall be removed within i've
days after an order of court has been
issued
Section 3 provides against inclosing
government land for the purpose Of
settlement, a phase Of the
present case that was covered in Jew
ell IS report.
Section 4 provides as follows:
"That any person violating any Of
the provisions hereof, whether a.
owner. part owner or agent, or who
shall aid, abet, counsel, advise or as
sist in any violation thereof, shall be
deemed guilty Of a misdemeanor and
fined in a sum no exceeding 81 900 and
be imprisoned not exceeding one year
for each offense.'
William Kent has telegraphed to
Washington that he had ordered an
investigation, and would remove the
fences of the Golconda Cattle company
if they were on government land, but
in the event of his failure to do 10.
section of the act empowers the
president of the United States to call
out the military forces to remove any
private enclosures of public land
Secretary Webb Makes DENTAL.
John E. Webb, secretary Of the Col
conda Cattle company, was in town
yesterday, leaving for San Francisco
on No. last evening. Asked by Sill
yer State representative for state
ment in regard to the alleged fencing
of government land by his company,
Mr.. Webb said:
ssThe careful investigation of the
conditions about Little Rock creek
were the result of the first official in
timation I had that improper fences ex-
listed, This examination convinces me
that the Jewell report was warped out
of recognition in the Chronicle ar
ticle."
At this stage of the interview No.
3 whistled and Mr.. Webb was obliged
to take hurried leave 70 the station.
He stated, however, that within the
past few days he had made detour Of
all the fenced land and that TO the