The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1933-01-12
CHAPTER iII

IT WAS true that the lands where
1 on the Antrim sheep grazed
were not the property of Don Jaime
Miguel Higuenes. They were state
lands (for Texas never surrendered
her public lands to the federal gov.
ernment) and. undoubtedly. Antrim
had as legal right to Craze his
sheep there as Jaime had to Craze
his cattle. Nevertheless, by custom
and usage, It had come to be known
as the Higuenes range. Don James
grandfather had purchased with
cheap land script the acreage along
the watercourses and around the
springs, and by this control of the
water the Higuenes dynasty had for
generations exercised nominal con-
troll over the public lands adjacent
thereto. And, since this was i, COM
mon practice, regarded as an Fdroit
business move but never as g. wan
ton usurpation of the public domain.
cattlemen and most sheepmer had
respected the Higuenes control
For the grass on this contro' led
range the Higuenes family raid
nothing. To the. states feeble
charge Of trespass by the Higueties
cattle, the reigning Higuenes had
always replied with polite offer TO
bear half of the expense of fencing
the lands it held in fee contiguous
to the state lands and thus prevent
trespass. The state discovered that
the expense of many miles of fence
would not be warranted on the n.y.
pOthesis that any revenue would
subsequently accrue by reason of
the sale of grazing permits on the
fenced lands of the state. since. with
the Hfguenes family controlling all
the waterways and water-holes. no
man would be foolish enough to seek
a grazing permit! Pending the ad
iustment of this ancient dispute
therefore the matter slnmbered off.
cially, and Don Jaime Miguel
Higuenes neglected to fence his fee
lands contiguous TO the wafer: also
he neglected TO supply herders to
confine his cattle to his fee lands.
wherefore they wandered over the
state lands a. will!
OF this situation willy lid Too,
Antrim had decided to take adyan.
tage. His own range had beer.
grazed over; it had been dry
year in his part of the county. ne
had the sheep on his hands. thes
were not ready for market, nor was
he ready to accept the marke'
price for unmarketabie sheep. He
had to maintain them, and in his
dilemma he turned quite naturally
to one of the earliest laws of human
nature. to wit. that desperate mar
is justified in taking desperate
measures.
He was familiar with the law Of
trespass. If the owner of fee lands
did not fence them he could nod
prosecute successfully the owner q
loose live stock that wandered
thereOnl And Don Jaime Higuenes
could not afford to fence the smai,
acreage around springs and water
holes and the narrow forfy-ac.e
strips along watercourses. some o.
which went dry in the summer. Il
he did his own live stock could r,rs
get in for water
Antrim reasoned he ran hut on;
risk. and that was battle to keen
his sheep. not from trespassing en-
unfenced lands. Snt fr.m drinaf:.
Don James water However. thetu
were many water. holes and mar
watercOurses TO guard. and perhaFs-
Don jaime would not guard then.
all perhaps If Antrim appeared
with q strong armed guard ,)'
herders Don Jaime would not fo,.s.
the issue.
ITO BE CONTINUED,
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