The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-02-06

thority and in open and bold de-
fiance OF the rights Of the gov
eminent. large, and uftentimes
foreign corporations deliberately
inclosc by fences areas Of hum
drcds Of thousands OF acres.
closing the avenues of travel and
preventing the occupancy Of
those seeking homes. While those
fencing allege the lands within
such Enclosures are open TO settle
m"nt. yet no settler with scarce
the moRns for the n-ecessarics of
life would presume Ca enter any
such ~inclosurc TO seek a home
II was evidently the spirit and IN
tent Of the act Of 1855 hat access To
M public domain 10y those who de-
sire To- poaceably enter or establish a
residence or settlement thereupou,
shall not be obstruo,cd by parties that
have NO claim or cuhrr OF title To the
lands. That access may DE impcdcd
On various ways. II docs not ucCes-
sarily follow that the lands must lie
completely surrounded by fences COM
Instructed wholly upon public lands. The
lN~hstruction may be effected by he
construction 81 fences which tie TO
natural barriers. s2ch as mountains
and rivers; 10y the construction by dit
forcnt parties Of fences which join and
form an unlawful Enclosure; by the
! construction Of su-callcd drift fences
cNt"udiug for miles IN 'cu6tl, which
10 al intent and purposes maxi" the
public lands adjacent thereto prdcti-
cally worthless for settlement or even
boy the construction of fences without
gatcs or with gates which the pub
lie are not permitted 10 use. wholly
upon privately owned lands So "a tu
incidentally inciosc public lands. For
an illustration OF q case such as the
last mentioned. see Garfield w. Unit
I'd states G67 L $. j1N'. which is
the leading case upon the subject
The policy Of the government Win
rofercuc" TO It's uuapprupriatcd public
lands has been uniform and well un-
derstoud since the establishment of the
republic. That policy has been clearly
stated by the United states supreme
court IN the case Of Fuford IS. Huutz
G33 l.. :. 3-UI. in which II vas
stated
we are Of the opinion that
there Is an implied license, grow
ing out Of the custom OF nearly
one hundred years that the pub
Tic lands ~ the United States. as
pcCidlly those iE which the native
grasses are adapted to the growth
and fdttcntng of domestic animals.
shah be free to the people who
seek them tu Use them whore they
are left open and uuincloscd and
no act az government for1ids this
use
H..ur.. ..tl.gsF An ..t ..V..4 b..
the passage OF the unlawful inclosur,
act To- prohibit altogether the pastur.
axe Of public lands. or TO reverse ia,
former practice of the government It
that particular Garfield vs.. Unite,
states, supra. page 521
In Wow OF the tact that sufficicn
evidence has been procured TO cstnn
lish e prilua faCio showing that Access
py prospective settlers to large area
OF public lands IN the state ~ New
Mexico has been impcded 10y fence
which are stil being maintained u
violation OF the act Of February IS
1883, supru. you are hereby directc,
TO notify an persons reported to b
maintaining fences upon public land
IN that state, that an unlawtui tcucc
and Enclosures must be ahItci and te
| illhN tl fl 'I WfNflt AlIll Zoe AfI
and hat II the law IN hat respect
being violated after that date, stfu
viii Immediately bee taken to cffcc
summary removal of the illegal icar'
Ihy judicial process. You may ga
copies OF ms letter to the pres uf IA
state as a matter of ueW-. In the cvci
that thp above order small not We COZ
pilrd with ON or before the above mon
N...LN IL. .-H. a#.fH V...A. 60. f..F
involving eases of alleged m1iutouIno
OF Illegal fences coming To- Your after
ton To- the United states district attoi
ncy for such tion as he MAY deer
necessary under the act. II. In IA
@meantime. you shalt be consulted @
Those having ur maintaining fcnc,
on the public domUiuus tu such fenc,
and in%clo-urcs as are flulatiyc Of IN
PURPOSE and spirit Of the law yuu vi
lay the facts Of such cases before IN
United States attururN, aud adNi,
lsu,h parties IA accordance with his ~
structions. You viii also confer wit
the Omitted states IN cascs where couI
action shan appear imperative, an.
It necessary, prepare q map or ma
for him showing thoreupou the fence
which .n your opinion constitute uI
laWful Enclosures. ur upstruct access
prospective settlers, n those fence
which have been constructed mere
Tor ~, purpuc uf anuttlng Oft hos
ot alkaIi lands or lands upon who
fences do not impede free ess
luuolly lands hy prospective settle
and tho general public n M" que
tion a. Co whether or NOT the part'
-manuuniug fences have u claim
color eft title g. the lands in,iosed ara
cs, and yuu are 10 doubt a. Ia whcth,
ur not the act iS being violated, "a
United states attorney should be- COZ
suited since the question what Const