El Nuevo mexicano., 1917-02-01

"SNfGQ CIV 0SUtA "tSa0'y Htt'N~N~
has announced that all such unlawfu
fences must come down by April I!
next, or they Will be taken down. Thu
chief Of the field division here hal
received the following letter:
Washington, January %, 1917.
Mr.. ID. III. Gibbs.
Chief of Field Division, sH.
Santa Fe, New Mexico. ua
Sir:
From time to time during the past
two years numerous complaints have
been received by this office relative
to the maintenance of drift fences
and alleged unlawful Enclosures Of
public lands in southeastern New
Mexico. Extensive Investigations
have been made by special agents UNI
der your supervision, and reports
have been submitted thereupon. The
reports have gone into the situation
extensively and comprehensively, and
deal not only with the alleged unlaw-
full Enclosure situation, but also con-
tain information relative to the meth
cd employed on behalf of the state Oh
New Mexico in making the selection
Of public lands, showing how in GER
tain instances large areas OF govern
saent lands are incidentally controlled
by those in possession of the selected
lands: the disposition by the state OF
lands thus selected; the control OF
~pasturage by the control of water;
the conflicts among the cattlemen
and sheep growers and settlers; ana
the extent of the exercise OF the po-
lice power of the state which, IT is al
legged, has been resorted to in such a
manner as to maintain fences upon
and control of p%asturage on the pub
lie domain in certain cases.
This office is also in receipt OF q
report in which it was alleged that
the following statement was made by
the grand jury during the April, 1916,
term of the u. S. district court:
It has been brought 70 the attention
of the grand jury that there a been
considerable fencing of public lands
throughout the state by private par
ties. This fencing Is Illegal, and done
to the detrimnet of other parties, who
are deprived of the use OF these
lands. We. the grand jury, recon-
mend that this matter be investigat-
ed by the United States officials.
The special agents reports heretoT
fore referred to, together = with the
maps submitted Herewith, show that
n most cases the so-called drift
,ancas are constructed in such a man
nar tbat thew IN reality constitute
non,niata unlawful Enclosures of pub
sio lands and that extensive areas are
fms inolosed in violation to the act
NJ Tabruarv 25 1885 (23 Stat, 321).
mn bas haon conaiaerable delay
an The mart az This office in arriving
~ 4 conclusion relative to the proper
course 10 be pursued by it in this
matter. That delay has been due,
however. to a desire to be thoroughly
acquainted with the whole situation,
not only the alleged unlawful inclos-
lre situation, but also the situation
in regard to the control of pubic
lands by other methods than that by
the construction and maintenance OF
fences. In order that an Intelligent
understanding Of the whole matter
couI he had. you were, On January A.
1915. directed not to submit to- the u.
S. attorney for prosecution the eases
which were then under general inves-
by 0 until this office
should have had an opportunity to
dnIy acouaint itself with all the facts
to those cases, especially
it appeared from the reports
that the narties charged with main
tain;ng illegal fences had signified a
willingness to remove the same IL 1t
should he ascertained that they were
n violation of the law.
practice Defended
M an,n,aants have
MANY iac.s a4 sar a,a aoainst Tia
peen nanca os ferces under consid-
nsa.,on harein Attempts have been
49, - how that the cattle industry
iiauo ~ 80 ~ Nav Mesico Is of more
a ~ than III nrop raising in
il.p th,t 1he ramoyal Of the
na VII. tepd u iniure materially
W.. inSrs.rv for the reason that
sias as ~ sarcos arc. being main
800 aea 81 ~ n,,rnose ~ nreyenting
a.. .siiie anroaa ns aattia e~ontaeion or Of
sh,.t,pa nff lands which Ara Doggy or
which are ~poisonous weeds.
ispeakine generally, such fences,
while probably technically Illegal
NAV or may not be OF such a char
TTN 80 l..A.. - AkA