, 1864-12-29
Chicago Qribnne>
Fencing Lawe-Shal stock: Run Mt
Target -


lf'o'' o cs..pt1os u @ IN. i De- Is 1861,
r1 ,,;a,, ,f f,,,,n0 -,,&r +ba+ IA cost
~ auo3s ~ .ea W.. So ~. n..,n, s,,,ass
OF nAtef1Al Ii 50 great, Ano lne uaoal snpp't
Of 0sage Orange seed is cut od, is At this time
being warmly discussed, and farmers have
come to the conclusion that the Legislature
eo4ro - " ~ scs.:ss a,,o..,s 49,. ~.
~ toe eonnls eeseaon snou'o I 4n1As 0oue eu.
actmcnt whereby private interests may Dc
protected, that the owners Of real estate may
rot 3,e at ,he mercy of the owners of dumestic
so;,os,. IT, havs s1vavs h,.e,, or th~ onin,on
that our laws were ample for this purpose,
but that they have been made a nuliity by
he The decisions I Ions Of thc snprcme Court: Under
this state Of things, there -, = ~ LECTION
to thc passage of plai: :. ..>4,.s stat
amDteuity.
Iowa:
A0"11 a. The common Inv of ENGLAND. so for as
the sane is applicable and OF q general na-
tu1e, and ali statutes or acts Of The British
PsEamsat made in ad Of ana to supply the
year Of james: the First, excepting the Sec
and section Of sixth chapter Of iorty-thrd
Elfzabcth. the eighth chapter Of thirteenth
Elizabeth, and ninth chapter Of thirty-seventb
Henry VIII, and which art Of . general na~
I'll.
considered as Of full force untl repealed by
the Legislative ualthority."
It il well known that all the English de-
cisions carefully guard the right Of resi- es-
| tate against trespass Of all kinds. That no
animals ara allowed to run IT large under its
provisions; that on the commons" or
| land owned by the government, free p1stur-
age is allowed under certain restrictions by
Inv. but this does not extend to the highway
over which The goVerntuent only holds the
| right of transit, and the use Of material to
keep the same in repair. The right Of pas
5cre With 1t as q highway, belong. to the adja-
cent owners, BY What is called u riparian
right.
Sec. X, Art. ], OF the nc" Constitution pro-
Fldes rs follows;
THE general assembly shall hare no power
to authorize, by private or special law, the
sale Of any land or otner real estate belong
| ing IN whole or In part to any Individual or
! individuals"
Sec. II, Art 13: " Nor shall any mans
property be taken or applied to public Use
! without the consent Of his representatives in
| the general assembly, nor without just CON-
| pensation to him.
Now It wonld appear. that before the Su-
| preme Court had the right to decide that the
common law was not applicable to the run
! ming at large Of domestic animals, the 1egis-
lature ehoald hare granted that private prop
| E4lt uE EahCA ftOlE A3Ss E04 u AE-
cisfon Of this character hath this extent and
nothing more, than 10 taaGhthe pirate
lands Of indfTiduals and appropriate them to
| public use, without COMPENSATION. Prorided
| that the owner fails to protect bis real estate
| by IN expensive fence, that would be Of no
! other value to him than to keep out public
| tp,ruders.
On the other hand the Legislature: have so
| far amended the common law US to provide
| how adjacent owners shall arrange their dtyi-
sion farms and to guard the right of each. It
| Is evident that the Legislature never contem-
| plated the invasion Of tue rights of the
owners Of land, for the benefit Of eIass OF
stock owners and when tho Judges of the
| Supreme Court made their decision, Misncr ~.
| Li5htbu}l. Is III. Coz, "that there is no Inv
prohibiting cattle from running at 1arse,''
| they made, 10 say the least, q very grave mis-
| take.
In mauy counties no attention Is paid by
the town courts 10 this decision. and Of late
no one ags1icved By such dfcision has had
fha tar,or;fv IL carrv fho corn ~. 30 II - WOW
ern,,r hetisTod ,hct ihe G,rmer t{r,c;s;an of ~
| Sunr.nno Eo1-+ 1rnrfa h. -arsr.o5 ~ 1900
nut1u9 at,,.a ;,Cosst.s+iS, oo '1tseo y" A"ot1
Mnae! aoet;aG a. ~ ,,ora o,,,,a3 -
Snaet ~ WI ~ ~ -. 199e 1 IuoIa' I' n.' "ou
spl n 49, H1as "a ~ ~ * " ~ ro.ha!
.nnc' % i"ss ~ ,,ostnre I i';s nn3s n3,css ths o%n
Much tess ~ lastate n's lanus unss 1nE orn-
Inaue t, i' sees ~ t; ~ o'.a 4. 10y
LIZ ~ Icy " sosts W ~ ts.y .n.5 "''e III
~ a. ,snSs ;n;s " III r., e. as;,oa
~ , -"" - - s;.,,a ~; ~ tat1.aa.
G taM - on's appne"p1e ~ oA'tssonS o7'" e."
~ nn ne. t., +.,-,.;,, ,.-- 49,.
t!e lSHnts - ttsf s- tae ;t, ~" .u:-.at nt @
IN ~ n1otaot ~ ,narais ~ tta
~ ~ ~ ',1;t:H ~ ~, - ~. sas 1a.r ua.t