The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-06-17
KENT fence Dis
PUTE TO BE SETTLED

In the Sacramento Bee of June IA
appears the following article, written
by Ernest G.. Walker, its Washington
correspondent:
The case against the Golconda Cattle
company controlled by Representative
Kent, of California, for alleged illegal
fencing of public lands in Nevada will
apparently be settled out of court in
spite of the recent action taken by the
district attorney, Mr.. Platt. For some
time negotiations have been in pro-
gress with Attorney General Wicker
sham, looking toward the settlement of
alleged damages on a monetary basis
The negotiations were practically com
pleted, 1t is stated, when it was learn
ed that District Attorney Platt had in.
stituted civil action against the com
pany, with view to determining the
proper compensation and damages and
Ultimately dismissing the Indictment
against him for political purposes dur
ing the primary campaign for congress
in his district.
Failed to Notify Platt.
For some reason the department Of
justice failed to notify District At
torney Platt of the pending negotia-
tions for settlement out of court.
Platt acted, the department said.
either upon his own initiative or in
pursuance of old Instructions" in in
stituting civil action against Mr..
Kent company. Upon receipt of in
formation that the civil suit was be-
gun the department wired Platt to hold
the matter up pending settlement in
ri anf = II. =
will be done.
Much Made Of New Charge.
Much is made recently of alleged
new charges against Mr.. Kent of il
legal fencing in Squaw valley. Nevada
1t is admitted that the Kent interests
have fenced lands on both sides of
creek and its branches in this valley.
1t is stated that this land was ae-
quired from an English company some
years ago with a view to the develop.
rnent of the water resources for irri.
CATION purposes. The fences enclosed
the company land, but it was claimed
that the law might be violated because
| the government owend some land be-
tween the forks of the creek, along
which forks were the Kent fences. In
the direction opposite the forks of the
creek, however, there is an opening
two or three miles wide to the govern
ment land. There was also lane
through the Kent lands on the other
side into the government land. Tt was
a question whether this state of affairs
permitted the free aceesso to the
government land, which the law re-
quires.
Built Under Old Ruling.
| Kent s attorneys hold that the
fences were originally legally erect
| ed, in accordance with the decision
| of Judge DeHaven of the U. s. Dis
trict Court of Northern California in
the case of United States against John
son. 1t is said the fences were built
with view to complying with the law
as interpreted by De Haven. Some
| time after the fences were built the U.
s. Circuit Court of Appeals decided in
the ease of Homer against the United
States, in Montana, that the law
should be interpreted differently. In
| that case the Court held that it was
| illegal for man to fence in his own
land if ii surrounded small tracts of
government land which were separate
| ly fenced to prevent trespass by the
owner of the surrounding land
Willis Vendeventer, then a member
of the Circuit Court, dissented from
! the opinion. He is now a member of
the Supreme Court, to which the
plaintiff Homer is expected to appeal.
Fence Being Changed.
Pending final determination of the
question by the highest tribunal in the
land, it is learned that instructions
have been issued to have the fences
changed at Squaw valley so as to con
form with the view of the Circuit
Court. Two additional openings into
the government land at Squaw valley
viii be made in different directions
besides those heretofore existing. This
is being done despite the fact that
every post of the fences alleged to
have been complained of is on land
owned outright bv the Kent interests.
The two additional openings, it is said,
will neeessitate in part the abandon.
ment of the water development plan.
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