SB 192
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Hollinger Corp.
pH 8.5

SB 193
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Copy 1

auc Practical Application of the Kent Grazing
Bill to Western and Southwestern
| Grazing Ranges

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| An Address by Prof. ys J“ Thornber, of Arizona Experiment
| Station, Tucson, Arizona

| Delivered at the Seventeenth Annual Convention of the American
National Live Stock Association, Denver, Colorado
| January 22, 1914

The Bill Discussed by Prof. Thornber, H. R. 10539, Introduced in Congress by Hon.
William Kent, and Pending before the Committee on Public Lands
of the House of Representatives, Is Printed Herein

PUBLISHED BY
| AMERICAN NATIONAL LIVE STOCK ASSOCIATION
909 SEVENTEENTH STREET, DENVER, COLO.
FEBRUARY, 1914

OFFICERS

OF THE

American National Dive Storck Azsnriation

FOR THE YEAR 1914

H..A. JASTRO, President

DWIGHT B. HEARD, First Va Pee dbat
Second Vice-Presidents:

J. B. KENDRICK -
C. M. O’DONEL -
M. K. PARSONS :
I. T. PRYOR - -
C. B. RHODES -

WALLIS HUIDEKOPER

JOHN W. SPRINGER, Treasurer
SAM H. COWAN, Attorney
T. W. TOMLINSON, Secretary

Bakersfield, California

- Phoenix, Arizona

- Sheridan, Wyoming
Bell Ranch, New Mexico
: Salt Lake City, Utah
: San Antonio, Texas
2 Orchard, Colorado
Wallis, Montana

2 Denver, Colorado
2 Fort Worth, Texas

: Denver, Colorado

EXECUTIVE COMMITTEE

HUGH CAMPBELL.......Flagstaff, Ariz. <A. R. MODISETTE....... Rushville, Neb.
a VE AUER Ly WVLER GEE. Sc cee Phoenix, Ariz. ROBERT ()DAVILORSS acess -Abbott, Neb.
Bee COLT E Raiser. elles Springerville, Ariz. WILLIAM: MORAG. oo ec ate Reno, Nev.
Py EO RAB Br sean okinele Flagstaff, Ariz. ISU RU SGI PIOMNSI IN so odacd Golconda, Nev.
Hes ES: EVAUER IVE ONG © rote ve lar'eve to, sevens Phoenix, Ariz. H. W. ADAMBS...... Vermejo Park, N. M.
CES NOIEEB ING okie oie cieleis clot te Tempe, Ariz. GHORGE W. BAKER...... Folsom, N. M.
SVWie eae INR dials leveteisisteteie:e is McNeal, Ariz. W. E. CURETON...... Steeplerock, N. M.
RT Aa pH ER ISO TIN Sicteie clea ete eters Junction, Ariz. VICTOR CULBERTSON.Silver City, N. M.
TA EUR ies Se cele isteclerehers Seligman, Ariz. W.. TACK ee einscie renee Folsom, N. M.
RED) Wee BEXGBIY iscsi levee Long Beach, Cal. W. C. McDONALD....... Carrizozo, N. M.
Ree MBAS TON cies Santa Maria, Cal. Co OW. Mi RGCEEAIN Eine Roswell, N. M.
ROBERT FOSTER...... Healdsburg, Cal. G. H. WEBSTER, JR....Cimarron, N. M.
ET SOLO By cere leleiete el date eisiers Pasadena, Cal. G. HOWARD DAVISON... Millbrook, N. Y.
OPE pO babs Ev alsctetinste/ole Los Angeles, Cal. W).. . CEP ATES EL eters ete Vinita, Okla.
KH. W. HOWARD...... San Francisco, Cal. JAMES G. KIDWELL...... Portland, Ore.
ROM TTA CICS ee ciis cisieielsisiaie/s Monterey, Cai. OOM. PUUMMER. 3... N. Portland, Ore.
H. W. KLIPSTHIN, JR....Maricopa, Cal. WILLIAM POLLMAN........ Baker, Ore.
H. S. STEPHENSON...Los Angeles, Cal. BURTON C. MOSSMAN. Eagle Butte, S. D.
NORV Ae een oie ave aus Los Angeles, Cal. PELs OP INUET ie cloera oteleietete Faulkton, S. D.
Pn SWVC AS RECA relelala nics) creteietatese Piute, Cal. IVE ST RWiART eee Buffalo Gap, 8S. D.
TSACA CS ACHR anes a cise avereie Meeker, Colo. JULIAN M. BASSETT...Crosbyton, Tex.
D. D. CASEMENT....Colo. Springs, Colo. TS Co BRT TN pie nic arstoletaralclelotenane Marfa, Tex.
ALB eR CQTGHS Ws). seis sieves Denver, Colo. Ss. B. BURNETT.........Fort Worth, tes
Es AZ OOo ie aici ciatel ale Higbee, Colo. JAMES CALLAN Menardville, Tex.
WILLIAM GREEN........ Trinidad, Cole: ?\5i.D. JACKSON Ue een ...-Alpine, Tex.
JOFN MacBATN oe ae Trinidad, Colo. JOHN LANDERGIN........... Vega, Tex.

aS) SEE ER TRIN paves ini ote Denver, Colo. EL. NAETONS vie weietenteys El Paso, Tex.
Wa Ae GRU ALY Fey, ean St. Anthony, Idaho J ER RPARRAIMOR Micmcicse cis Abilene, Tex.
ER GOODING Tas wacwess Gooding; Idaho) AL; POPEPAMGL ies seesewes Amarillo, Tex.
SRS Bee eie dla alle’ ols Des Moines, Iowa W.B: SLAUGHTER a Towiccts ..-Dallas, Tex.
HORACE ADAMS............ Plains: (Kan. WD. REYNOLDS tees Fort Worth, Tex.
Me Co iCAMP BET ee. ciseo. Wichita, Kan. IR BWA Dales aust aue San Antonio, Tex.
ES MIN IS EER i eve tateteatel terse Peabody, Kan. JAMES ANDRUS........ St. George, Utah
Weide EOD ee tenis seusclersuens Maple Hill, Kan. ARS (ELAN SEHING consacecenee Ogden, Utah
HC HOUGHTON Te. .s Corralitos, Mexico NEIL, McMILLAN.......... Murray, Utah
Cir WLA TRI REING |. 31 chelate Three Oaks, Mich. JOHN Y. RICH. .Salt Lake City, Utah
W. D. JOHNSON....... Kansas City, Mo. i. BEBO OD ea oee ace Rosalia, Wash.
Re S50 Hy A) Ol ee ae Kansas City, Mo. MM: RODRAROCK Aa. ects Spokane, Wash.
Toe) a aS OUN a aietene trees Kansas City, Mo. a W. ELAR DINGS Jccewaes Waukesha, Wis.
Jo Me BOARDMAN 6 ei cls \. Helena, Mont. ROBERT D. CAREY....Careyhurst, Wyo.
AE es tu COO Beas see ver cia ceheltte Helena, Mont. WW IG TRVALUINIR ies ve oaceuenetete Cheyenne, Wyo.
ROBERT JONES! oie .s.c. Wisdom, Mont. VE MAUSIPBAIRG 2 a.cvec tee Sheridan, Wyo.
KENNETH McLEAN...Miles City, Mont.*’* _J: C. UNDERWOOD....Underwood, Wyo.
DTW) =) ERASE OND oo cic lee /s levers Helena, Mont. | 264) Ny WAIADMIR'S: uous tae Buffalo, Wyo.
ee Ey OS ORI Ce ak Omaha, Neb. “DR. J. M. WILSON....... McKinley, Wyo.
W. G. COMSTOCK....... Elisworth, Neb. Be GNI ODER saasts sacs eterlets Phillips, Wyo.
PENS a BOA CO) ok ale Merriman, Neb. MURDO MacKENZIE...Sao Paulo, Brazil

OFFICE OF THE ASSOCIATION
909 SEVENTEENTH STREET

DENVER, COLO.

”

SATLTCS 1

“MAR

30 1814

rican “

SB i823
VS

THE PRACTICAL APPLICATION OF THE KENT GRAZING BILL
TO WESTERN AND SOUTHWESTERN GRAZING RANGES

Proressor J. J. Taorneer: Mr. President, and Members of the
American National Live Stock Association—My studies with grazing
plants on the grazing ranges have brought me into close contact with
the stockman. I have the greatest sympathy for him and his business.
I am not a stockman, but, gentlemen, I will fight for a stockman every
time, and I will trust to his being right. My interest in grazing plants
led me to investigate other phases of the grazing problem, thanks to
this American National Live Stock Association, I have come to
appreciate to the depths of my heart some of the fundamental prin-
ciples which underlie this grazing problem of the western prairies,
hills, and mountains. Stockmen of the West have been asking for *
some kind of range administration for upwards of thirteen years, or
ever since I have known them, Unfortunately, they could not agree
in the beginning upon a measure that would work good for all con-
cerned. The little stockman was afraid of the big stockman, the big
stockman was afraid of the dry-farmer, and I guess the sheepman was
afraid of everybody. We ought to congratulate ourselves today that
we are united in our efforts and that we are committed to a definite
policy. That policy is intelligent range administration. I need not
tell you that for more than twenty years the carrying capacity of the
western grazing ranges has been decreasing. I know that considerable
areas of the better class of these lands have been homesteaded and
brought under cultivation. In the aggregate, these cultivated lands
carry as much stock now, along with the production of some agri-
cultural crops, as they did in their uncultivated state, so that the
decrease in beef cattle in the United States has been due to range
deterioration, and not to the selection of homestead lands, as some
have thought.

This decrease in beef cattle has taken place mainly during the
last ten years, while population has ever been on the increase. I
seldom quote statistics, because they are tedious and are apt to be
misleading; but I cannot refrain from mentioning some here. The
proportion of beef cattle to population in this country in 1890 was 84
per cent, while in 1910 it was 75 per cent. At this rate, can any of
you tell me what it will be in 1920? Since 1910 the population has
inereased faster, and the ratio of decrease in beef cattle has been
greater. In the last seven years the value of cattle in the United
States, notwithstanding their decrease in numbers, has increased
$129,000,000, and the export of meat products has fallen from

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$72,000,000 to almost nothing. It is easy from this to see why the price
of beef has been going up. You do not have to be a political economist
to find that out.

Gentlemen, we have here in a condensed form the situation of the
country as relates to its beef supply. Bad as your lot has been on the
open range—and I appreciate something of your difficulties—the lot
of the consumer is worse today; and it may be worse yet in three or
five years. This decrease in the number of beef cattle in the country
has to be stopped. It is a matter of national importance. Instead
of a decrease there must be an actual increase in the number of beef
cattle, and this increase must keep pace with the increase in popula-
tion. I am not now speaking of meat supplies for foreign markets. I
have in mind home consumption only. You know various would-be
philosophers come forward from time to time with suggestions that
we substitute for beef, horse flesh, goat meat, poultry, fish, and even
peas and beans; but not any one of these, nor all of them combined,
can take the place of beef as a staple food. We must have beef! Now,
what is the simplest and most reasonable solution of this problem?
I answer: Grow more beef, and grow it on these western ranges.
There is not any other place to grow it, and, besides, there is not a
thing that we can do half so well. I regard this as the only possible
solution of the problem of the scarcity of beef. Think of the absurdity
of a great agricultural nation like this, in the prime of its youth,
calling upon Australia and Argentina for its meat supplies! I said
to you last year at Phoenix that the western grazing ranges were the
pastures of the nation, and we must make them so.

Now, with high prices for meat and this shortage of beef staring
us in the face, let us look for just a moment at the awful condition
which confronts the stockman today, with free and unrestricted grazing.
He cannot fence part of the public domain. No, no, that is criminal!
He is not allowed to count upon his grazing resources one month in
advance. That is bad business management, due to our government’s
negligence. If he stacks up feed on the public domain for a famine
period, develops additional water supplies, improves the quality of
his herds, eradicates poisonous weeds, seeks to improve the carrying
capacity of the land, or tries to prevent erosion or cutting and over-
grazing, he does so at his own expense, and his neighbors may derive
as much benefit from this work as he, without sharing any of the
outlay. Gentlemen, I call this rank injustice. I condemn it. If the
stockman has water and grass on the public domain for a thousand
cattle, no matter how long he has been a resident, another stockman,
and perhaps a non-resident, can put down there beside these cattle

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another thousand head of stock, and the resident stockman can have
no recourse. He must share, and share alike, his losses with the
intruder, regardless of his improvements and his foresight.

Besides this injustice to the individual stockman, unrestricted
grazing has done infinitely greater harm to our country as a whole.
It has invariably resulted in overstocking and overgrazing, and in
destroying the best and most nutritious grasses on the ranges, thereby
reducing both the quality and quantity of the remaining forage from
year to year. It also makes impossible the alternate grazing and resting
of areas to insure natural seed production, and it has been directly
responsible in the past, and it is no less responsible today, for the
heavy losses of stock from starvation on the ranges. In Arizona more
than three-quarters of a million head of cattle, to say nothing of sheep,
have perished from famine in thirty years’ time. I condemn free
grazing as unsafe for that one awful truth alone. i

Gentlemen, here we have the reason for the greatly lessened carry-
ing capacity of your ranges, and likewise the reason for the decrease
in numbers of beef cattle on these ranges. Are you surprised that
there is a shortage of beef animals, that prices for meat are high, and
that we have nearly stopped exporting meat supplies, and have begun
to import them? Here is the key to the whole situation. This condi-
tion has been going on for more than twenty years, and it will con-
tinue until we get some relief from. Congress. Think of the awful
losses of stock on the ranges, of the devastation that has come to the
country, and of the wanton waste of natural resources!

The operation of a federal lease law, similar to the Kent bill,
granting to stockmen, both sheep- and cattle-growers, reasonable pro-
tection, would completely change this condition. Confidence in the
grazing industry would be restored. The grazing ranges throughout
the West would carry far more stock than they do now, and carry
them safely, and beef cattle, instead of decreasing, would increase in
numbers. I believe every practical stockman here will tell you that
he can carry more animals on his range if he can have something to
say about its management. I know he will say that his annual losses
on ranges would be less if he could know his grazing resources six
months in advance. I am sure his interest in his business will be
infinitely greater if he can lease ranges for a period of years, with the
privilege of fencing them.

During the last six years the American National Live Stock Asso-
ciation has devoted endless time and energy to secure the passage of a
bill by Congress regulating, through federal control, grazing on the
unappropriated public lands. It is a compliment to the ability and

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integrity of this great Association that the bill which it originally
adopted at its meeting in the city of Denver six years ago, and which
has been before Congress ever since under one name or another, was
so well drawn in its fundamental features, as also in most of its
details, as to be practically unassailable, even by its occasional op-
ponents. You stockmen should all get copies of this bill and study
it carefully. If it meets with your approval, or if you believe that
your present unsatisfactory condition will be improved by this bill,
write your congressman now and tell him to get interested in it.

Among other things, this bill proposes to give stockmen permis-
sion to lease and fence portions of the public range for a period of ten
years, to encourage development and improvement of these grazing
lands. It gives preference to homesteaders and present occupants of
the range who have provided water and other improvements on the
public lands. It guarantees to stockmen a reasonable pro-rata value
for improvements made on the land. It specifies that where improve-
ments to the extent of one hundred dollars, including buildings, corrals,
reservoirs, wells, etc., have been made on a forty-acre tract, such land
shall not be open to settlement during the period of the lease, without
the consent of the owner of these improvements. It provides for a
maximum grazing fee of four cents per acre and a minimum fee of one-
half cent per acre. While this is what the stockman pays for the
grass, he gets in addition value received for protection in his business.
It puts, as far as possible, the stockman’s industry on a moderately
safe basis. He is not looking for a famine. At the same time, this
bill guards carefully the rights of bona-fide settlers to homestead lands
for agricultural purposes, and makes provision for them to graze their
domestic animals on adjacent public lands. Best of all, it secures a
large amount of local government in the administration of these
grazing lands. I believe it provides, as far as can be seen in advance,
for every other legitimate feature connected with the public lands,

It has been suggested that the minimum rate of one-half cent per
acre is too much for the poorest class of grazing lands in these western
states. I am free to admit that there are bodies of land in Arizona and
New Mexico that under present conditions are not worth one-half cent
per acre for grazing purposes, and I have no doubt but that this is true
in Colorado and other western states. I believe, therefore, it would
be well to omit any mention of a minimum charge. I know this would
help out very much the wool-growers in Arizona.

Gentlemen, before I leave this bill, I want to note a few of the
advantages to stockmen of leasing and fencing over open range grazing,
which will result from this bill. (1) To begin with, stockmen will be

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able to handle the public range very much as they would their own
land. They will know in advance how many animals they can feed,
and how many to carry over. Yearling steers and two-year-olds can
be kept for three- and four-year-olds. (2) The cost of handling stock,
and the losses under fenced conditions, are less than on the open
range. (3) During prolonged droughts, weak and emaciated animals
can be kept nearer supplies of feed and water; likewise, better care
can be given to the calf crop. (4) On enclosed ranges, the improve-
ment of herds by breeding with high-grade animals is practicable.
(5) There is no incentive to overstock protected ranges, since every
man gets all that is coming to him all the time. (6) On protected
ranges it is practieable to carry on a systematic alternate grazing and
resting of the plants. This makes reseeding possible under natural
conditions, and it is absolutely necessary for range improvement on a
practical scale.

Quite recently two other bills, looking toward a solution of the
grazing problem on the public lands, have been introduced in Congress.
One of these, known as the Gronna bill, provides for leasing of the
public grazing lands in suitable areas for periods of five years, during
which time such land shall not be subject to homestead entry for
agricultural purposes. After this lease has expired, the land may be
homesteaded for a limited time by bona-fide settlers. Failing in this,
it is again leased for a similar five-year period. This bill is dangerous,
because it practically prohibits permanent settlement of the land, and
this settling of the land is the identica] thing that we most of all desire
and strive for. I believe that such a bill is unwise, and I feel assured
that Congress could not be induced to pass it.

The other bill is known as the Mondell bill. This is an attempt at
long range to provide in the West a grazing homestead of sufficient
size to support an ordinary family. The minimum entry for this shall
be 640 acres, and the maximum entry 1,280 acres, or two sections. The
land shall be valuable chiefly for grazing, and shall not contain eom-
mercial timber nor be susceptible of irrigation from known water
supplies. There is little grazing land in the western and southwestern
states that has a stock-carrying capacity such that even four sections
of it would maintain a family in ordinarily comfortable circumstances.
To make this bill acceptable, the entries must be much larger, and the
lands should first of all be classified carefully. This could be done
best after the lands had been under lease for ten years, as provided for
in the Kent grazing bill. Again, in Arizona and New Mexico it is not
possible to say at this time whether or not land is susceptible of irri-
gation from one or more of the proposed irrigation projects. There-

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fore, while this bill has a splendid object in view, it is in advance of
the times, and it is not practicable now.

Now, with the Kent bill in mind, concerning what the stockman
may do with a piece of grazing range under his control, I invite your
attention briefly to some things that have actually been done in a
practical way in range improvement in Arizona. Through co-operation
with the Department of Agriculture and the Department of the In-
terior, the Arizona Agricultural Experiment Station obtained permis-
sion to enclose with fence an area of fifty square miles in a diversified
grazing country. This land varied in altitude from 2,900 feet to nearly
4,800 feet, and in rainfall from twelve inches to about twenty inches.
The land is typical, in a general way, of large areas of the better class
of grazing lands in Arizona. With the exception of the upper part of
it, which consists of foothills, it was extremely badly overgrazed. The
lower one-third of it was also badly eroded. It had been in this con-
dition for at least fifteen years, being grazed by sheep, horses, and
cattle. When the fence was constructed, there was not enough grass
anywhere on it to feed a horse, and when I drove the old gray university
horse across it to study the grass, I had to carry baled alfalfa for my
horse. There were occasional, closely grazed, half-dead bunches of
perennial grasses scattered here and there over the surface, and some
grass, principally black grama, among the shrubs and cacti. Of course,
there was six-weeks grass, which never amounts to very much, Alto-
gether, the proposition was a very uninviting one. In fact, after one
year we issued a statement warning people not to expect too much from
the work.

With protection, the bunches of grass grew up, increased in size,
and matured seed. This dropped and found its way into the ground
without any assistance, though I think that harrowing the surface
would have been a good thing after the first seed crop was matured.
The next year there were anywhere from five to twenty-five seedling
plants for every old one. The old plants continued growth and seeded
heavily, and, likewise, the young plants matured a crop of seed, so
that now there was a good amount of seed for further growth. You
know in our southwestern country, where there is plenty of warmth,
perennial grasses will mature a crop of seed at the end of their first sea-
son’s growth. This continued for several years, every season the stand
of grass getting heavier and the seed crop larger. At five years the
grass covering was practically restored. There are more than thirty
species of perennial grasses growing in this pasture now, chief of which
are black grama, hairy grama, side-cats grama, Havard’s grama, low
grama, spruce-top grama, and wire grama; also about an equal number

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of triple awn grasses, and spreading mesquite or southwestern buffalo
grass, galleta grass, blue stem, fox-tail, and other miscellaneous grasses.
You see, in the Southwest we have the finest grama-grass country in
the world, and these grasses are a very important feature on this range.
Naturally there are other forage plants, including browse and cacti,
but perennial grasses are the important plants.

It would be difficult to say how much the carrying capacity of
this range had been raised, but it is certainly much more than 100 per
cent. After five years’ protection on the better class of this land we
gave stockmen permits to cut hay over considerable areas, which
yielded anywhere from 500 to 2,000 pounds of hay to the acre, though
the latter figure is much in excess of the average. Perhaps 1,000 to
1,200 pounds of hay per acre would be a fair average for the better
land. I feel sure we can duplicate this work over large areas in Arizona.
I refer now to our vast areas of grama-grass and mesquite-grass lands.
I think this can be done also in New Mexico and other western states.

Further work showed us conclusively that there was no occasion,
nor good reason, for excluding entirely grazing animals from such an
enclosure after the second year at most, so long as they are kept off the
land until the grass makes its growth, matures its seed, and the seed
falls to the ground. Of course, one must not overgraze. The secret of
the success of this experiment lay in the fact that the grass plants were
allowed to mature their growth and also their seed, ungrazed and un-
disturbed. This growth strengthened the plants themselves, and in
addition kept the seed from blowing away. You can protect your
grazing areas from now until doomsday without results, if you do not
make provision for the seed to ripen and fall to the ground before
stock get to it. Most of you know how cattle eat grass heads and seed
in the late summer and fall. The damage from this source is as great
as from their hoofs. This is why I insist upon the grazing ranges
being fenced. Now, I can see nothing difficult about this experiment.
It is practical. I believe it can be applied to a large percentage of the
grazing ranges in the West and Southwest. I have often been asked
why there should be any difference between winter grazing and summer
grazing on the ranges, in connection with range improvement. My
answer is that in order to have grass you must have plants, and plants,
you know, grow from seed. Therefore, the maturing of seed under
natural conditions on the range is fundamental and basic in principle.
A reduced seed production means fewer plants the following year to
take the places of the older ones that have died out, or that have been
grazed or trampled out. When this reduction of plants continues for
some years, the carrying capacity of your range is permanently low-

9

ered, perhaps entirely through lessened seed production. You may
have the soil, you may have the rainfall and the sunshine, but you
cannot have grass without seed.

Gentlemen, to summarize: I have noted briefly the ever-decreasing
beef supply of the country. I have examined your condition on the
open range today, and I have shown you why the grass is disappearing,
and why it has disappeared in the past. I am sure you are convinced
that under present conditions you have nothing to hope for in the way
of improvement. There has been no change for the better during the
past twenty years with the open range, and you have no reason to look
for any now. It does not matter to you from this time on—except
as you consume meat—how high the price of beef goes; if you do not
have any grass, you will not have any stock to sell. If you are going
to do anything, you had better do it right now. The longer you put
it off, the worse it is going to be for you.

I have noted some of the advantages that would certainly come to
you as stockmen, if the principles of the Kent grazing bill were ap-
plied to your grazing ranges. I have called your attention to the
advantages of the Kent bill over those of others now pending in Con-
gress. Finally, I have shown you what has actually been done in a
practical way on an arid grazing range in Arizona. My friends, we
have the goods to show for it. This range has been examined by scores
of people interested in grasses—people from Australia, South Africa,
our various states, and the Department of Agriculture; and they all
pronounce it a splendid example of successful range restoration under
arid conditions. Any stockman, with intelligent management, can get
the same results. I could cite you a score more similar cases, though
on a smaller scale. I need go no farther than to mention the advan-
tages of grazing on the forest reserves under federal control, as com-
pared with grazing on the open range.

The many fine advantages of this federal lease law would apply
to approximately 400,000,000 acres of grazing lands in the West and
Southwest—an area equal in extent to one-fifth of that of the United
States. If the carrying capacity of but one-half of this magnificent
grazing empire were increased 25 per cent—and I believe it can be made
fully 50 per cent—enough more beef would be produced annually in
this country to take care of all of our wants for many years to come;
and, gentlemen, I argue that this is the logical solution of this vexed
problem of the importation of meats from foreign countries. Build
up these ranges as it is possible to build them up, and we shall begin
once more to ship beef products out of this country, instead of shipping
them in. I sincerely believe that this is the greatest question before the

10

American people today, and I will make no exceptions. It affects both
the East and the West, the consumer and the producer. It threatens
the future economic policy of this country. It is all-important to you
stockmen. It lies with you to go before Congress now and demand
reasonable legislation. If you continue to show indifference in the
future as you have in the past, if you refuse to get together and lend
your hearty support to the passage of this federal lease law, we shall
buy more of our meat products abroad every year, and we shall permit,
knowingly, under our very eyes, the dissipation of the wealth of our
own states, and the destruction of one of the most valuable of our
natural resources—a national asset—the grasses of these western
plains and hills, which have no equal in any country anywhere, either
north or south. (Applause.)

11

Following is the Kent grazing bill:
H. R. 10539

In THE HOUSE OF REPRESENTATIVES
December 15, 1913

Mr. Kent introduced the following bill; which was referred to the Committee
on the Public Lands and ordered to be printed:

A BILL

For the Improvement of Grazing on the public Lands of the United States and
to Regulate the Same, and for Other Purposes.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled:

That the unreserved, unappropriated public lands of the United States
shall be subject to the provisions of this Act, and the President of the United
States is hereby authorized to establish from time to time, by proclamation,
grazing districts upon the unreserved, unappropriated public lands of the
United States, conforming to State and county lines so far as practicable,
whereupon the Secretary of Agriculture, under rules and regulations prescribed
by him, shall execute or cause to be executed the provisions of this Act, appoint
all officers necessary for the administration and protection of such grazing
districts, regulate their use for grazing purposes, protect them from depreda-
tion, from injury to the natural forage crop, and from erosion; restore and
improve their grazing value through regulation, by the eradication of poisonous
plants, and by the extermination of predatory animals and otherwise; eradicate
and prevent infectious and contagious diseases injurious to domestic animals;
issue permits to graze live stock thereon for periods of not more than ten years,
which shall include the right to fence the same, giving preference when practi-
cable to homesteaders and to present occupants of the range who own improved
ranches or who have provided water for live stock grazed on the public lands;
and charge and collect reasonable fees for such grazing permits, based upon
the grazing value of the land in each locality: Provided, That for ten years
after the passage of this Act such charge for grazing shall not exceed 4 cents
per acre nor be less than one-half cent per acre, or the equivalent thereof on a
per-capita basis, and the Secretary of Agriculture shall revise and re-establish
maximum and minimum rates of charge for grazing for each succeeding period
of ten years.

Sec. 2. That homestead or other settlement, location, entry, patent, and
all other disposal of public lands under the public-land laws shall be in no wise
restricted, limited, or abridged hereby; nor shall anything herein be construed
to prevent bona-fide settlers or residents from grazing their stock used for
domestic purposes, as defined under the regulations of the Secretary of Agri-
culture, on the public lands affected hereby: Provided, That after the establish-
ment of any such grazing district no form of location, settlement, or entry
thereon shall give a right to grazing privileges on public lands except when

12

made under laws requiring cultivation or agricultural use of the land: Provided
further, That permits to graze live stock upon land which is subsequently
appropriated under any public land law shall not be affected by such subsequent
appropriation, except as to the land actually appropriated, until the end of the
current annual grazing period: Provided further, That no permit shall be issued
which will entitle the permittee to the use of any buildings, corrals, reservoirs,
or other improvements owned or controlled by a prior occupant until he has
paid such prior occupant a reasonable pro-rata value for the use of such im-
provements, If the parties interested cannot agree, then the amount of such
payment shall be determined under rules of the Secretary of Agriculture: And
provided further, That when buildings, corrals, reservoirs, wells, or other im-
provements, except fences, shall have been established on any forty-acre tract
to the value of more than $100, as determined by rules of the Secretary of
Agriculture, such forty-acre tract shall not be subject to settlement or appro-
priation under the public-land laws during the permit period without the con-
sent of the owner of such buildings, corrals, reservoirs, wells, or other im-
provements.

See. 3. That all water on public lands or subject to the jurisdiction of
the United States within such grazing districts may be used for milling, mining,
domestic, or irrigation purposes under the laws of the State or Territory
wherein such grazing districts are situated, or under the laws of the United
States and the rules and regulations thereunder.

Sec. 4. That no grazing permits issued under this Act shall prohibit
settlers, prospectors, and others from entering upon such grazing districts for
all proper and lawful purposes, including the use and enjoyment of their rights
and property, and prospecting, locating, and developing the mineral resources
of such districts; and wagon-roads or improvements may be constructed there-
on, in accordance with law, and all persons shall have the right to move live
stock from one locality to another within such grazing districts under such
restrictions only as are necessary to protect the users of the land which will
be driven across.

Sec. 5. That the users of the public lands under the provisions of this
Act may select a committee of not more than four members from the users
of any such grazing district, which committee shall represent the owners of
different kinds of stock, and, with the officers appointed by the Secretary of
Agriculture in charge of such grazing district, shall constitute an executive
board, which shall determine whether the permits for such grazing districts
shall be issued upon an acreage or upon a per capita basis, shall make such
division of the range between the different kinds of stock as is necessary, and
shall decide whether the distribution of the range shall be by individual or
community allotments. The executive board shall also determine the total
number of animals to be grazed in each grazing district and shall decide upon
the adoption of any special rules to meet local conditions and shall establish
lanes or driveways and shall prescribe special rules to govern the movement of
live stock across the public lands in such districts so as to protect the users of
the land in their rights and the right of persons having the necessity to drive
across the same. The executive board, after thirty days’ notice by publication,
shall also determine the preference in the allotment of grazing privileges
provided for in section one of this Act, and shall, under rules of the Secretary
of Agriculture, determine the value of the improvements and the use of the

13

same whenever that may become necessary under the provisions of this Act
in the administration of the same. Fences, wells, and other improvements may
be constructed with the permission of the Government officer in charge, who
shall record the ownership and location of such improvements. Any differences
between a majority of the executive board and the officer in charge shali be
referred to the Secretary of Agriculture and shall be adjusted in the manner
prescribed by him. Any interested party shall have the right to appeal from
any decision of the board to the Secretary of Agriculture. If the users of the
land fail to select the committee as herein provided the President of the United
States shall name such committee from such grazing districts, representing
the owners of the different kinds of stock, as above provided.

Sec. 6. That the Secretary of Agriculture shall fix a date which shall not
be less than one year from the establishment of any grazing district, and after
such date the pasturing of any class of live stock on public land in said grazing
districts without a permit, or in violation of the regulations of the Secretary
of Agriculture, as herein provided, shall constitute a misdemeanor and shall
be punishable by a fine of not less than $10 nor more than $1,000, or by
imprisonment for not less than ten days nor more than one year, or by both
such fine and imprisonment in the discretion of the court.

Sec. 7. That twenty-five per centum of all moneys received from each
grazing district during any fiscal year shall be paid at the end thereof by the
Secretary of the Treasury to the State or Territory in which said district is
situated, to be expended as the State or Territorial legislature may prescribe
for the benefit of the public schools and public roads of the county or counties
in which the grazing district is situated: Provided, That when any grazing
district is in more than one State or Territory, or county, the distributive share
to each from the proceeds of said district shall be proportional to its area
therein. The sum of $500,000 is hereby appropriated, to be available until
expended, for the payment of expenses necessary to execute the provisions of
this Act.

Sec. 8. That the President is hereby authorized to modify any proclama-
tion establishing any grazing district, but not oftener than once in five years,
to take effect in not less than one year thereafter, and by such modification
may reduce the area or change the boundary lines of each grazing district.

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Urging Federal Control of the Unappropriated and Unreserved
Semi-Arid Grazing Lands

The American National Live Stock Association, in convention
assembled, at Denver, Colorado, January 20-22, 1914, hereby
declares that:

We believe that the prosperity and development of the stock-
raising industry on the public grazing lands of the arid and semi-
arid West are seriously threatened by the present indiscriminate
methods of grazing, and that thereby the permanent value of such
lands is greatly impaired; and we strongly recommend the early
passage by Congress of a bill providing for federal control of these
unappropriated public grazing lands, and a just and reasonable
method of leasing such lands.

We favor the adoption of the Kent Bill, House Bill No. 10539,
now before Congress, as the best possible measure to protect and
build up the live-stock industry, except that we recommend that
the words ‘‘nor less than one-half cent per acre’’ (in section 1,
italicized) be stricken from said bill.

‘‘Build up these ranges as it is possible to build them up, and
we shall begin once more to ship beef products out of this country
instead of shipping them in. I sincerely believe that this is the
greatest question before the American people today, and I will
make no exceptions. It affects both the East and the West, the
consumer and the producer. It threatens the future economic
policy of this country. It is all-important to you stockmen. It
lies with you to go before Congress and demand reasonable legis-
lation.’’—Extract from Professor Thornber’s address.

nn

Hollinger Corp.
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