Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-06-20
new LIGHT ON
FENCE LAWS
Thev Do Not Condope Will
full Trespass by Own.
ers of Stock.
IS FIGHTING WHITE SLAVERs
M. C. Browne of immigration
Service a Caller at Capitol
Today.

The following were the land entries
at the local land office: Arthur b.
Honnold, Estancia; Homogenes Lu-
cero. Anton Chico; Joseph A. Know
land, Elizabethtown, Luis Atencio'
Park View.
Increase Stock.
The Ration Mining and Milling Com
pany also files an amendment TO lts
articles of incorporation increasing
it's capital stock from $1,OO0,O00 to ST.
250,000.
Voluntary Dissolution.
A consent to the voluntary dlssolu-
ton of the Compania Publicista San
doval was filed Gin the territorial
secretarys office, the agent OF the
company being Elfrego Baca, with Al
buquerque as his place of business.
National Monument.
u. S. Examiner of surveys W. 3.
Douglas is in the city again on mat
ters appertaining to declaring tne
Pajarito Cliff Dwellers' Park nation
al monument. Last year he made a
careful survey of the region and IS
supplementing this with further oo.
servations in the field.
Contests Filed.
Several contests have been filed In
the land office as follows: U. >. VS..
Henry w. Robinson, over the NE 4,
Sec. 80, 8 w 10 E.; Charles P. Fergu-
son of Stanley VS.. William NJ. Smith
of Hobart, NE IA, Sec. 70, II N. 9 E.;
Oscar v. Adams of Moriarty vs. A. e..
viera Of Fletcher, Calf, for the w Il
SW IA. Sec. 80; Marie q. Fogarty OF
Moriarty VS. Clarence E. Garrett OF
Bloomington for the Sc Ia, Sec. q
and the SW IA, Sec. %, 10 N 3.
Fighting White Slavery.
M. G. Browne, of the U. s. Immigra-
ton Service with offices at Albuquer'
que was visitor in the city this
morning and called on several otfi'
cials at the Capitol. Mr.. Browne is
particularly interested in suppressing
the smuggling of Chinese into this
country and in stamping out the
white slave traffic with foreigners.
He has seen active service In the
Philippines, where he did good work
years ago as a soldier. He is still in
terested in military tactics and with
Captain "Bill'' Brogan of Albuquerque
is doing much to revive an interest
in the National Guard in the Duke
City.
Opinion by Mr.. Clancy.
Attorney General Frank W. Clancy
has rendered the following opinion on
the much mooted question OF what
damages are to be obtained through
the courts for trespassing by cattle.
Mr.. Clancy takes the view that no
damages are obtainable unless the
land trespassed upon is ENCLOSED by
fence. His opinion which was sent to
Governor Mills will be of interest to
ranchers throughout the territory and
is as follows:
June 16, 1911.
Hon. William J. Mills, Governor OF
New Mexico, Santa Fe, N. M.
Dear SIR
From time to time during the last
year, complaints have been made to
you by farmers of the trespasses OF
cattle upon their cultivated lands, and
a number Of such complaints have al
SO come to me. We have been COM
PEELED, in view Of the legislation to be
found in Chapters 13 and 70 of the
Laws Of 1909, to say that the statutes
did not permit the recovery OF dam
ages for such trespasses unless the
land and crops were enclosed by le-
gal fence. Whatever opinion you or !
may have had as to these statutes II
was obviously improper for ofiicers
OF the executive branch of the govern
ment to criticize, and suggest the IN
validity Of, that which had been done
by the legislature. feel, however
that public attention should now be
called to q recent decision Of the su.
preme court of the United States on
the subject Of similar fence laws.
In 1908, the United States filed 9
bill in the circuit court for the district
Of Colorado against one Fred Light
and obtained an Injunction to preyen;
him from in any manner causing OF
permitting his stock to 60, stray upon
or remain within forest reserve
which had been established under thu
provisions of the act March 8, 1891
From the, decree against him, the de
fendant appealed, and in the supreme
court Of the United States It was urg
ed on his behalf that under the fence
law Of Colorado unless the govern
ment put fence around the reserve
\ 1t had no remedy either at law or in
equity, and the court after consider
/ ing the power of Congress and Of the
national government to legislate for
and protect, the public domain, pso
ceeds IN its opinion as follows:
Gwen private owner would be en-
titled to protection against wilful tres
passes, and statutes providing tina
damage done by animals cannot be re
covered, unless material required. dt
not give permission to the owner q
cattle to use his neighbor's land Al
a pasture. They are intended to- con
done trespasses BY straying cattle;
they have no application TO casei
tContinusd on Pare Five.)