The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1868-07-17
An Important Contract Thirtyssix AIiles
Of Osage Orange Hedge.

An Important Contract Thirtx.six AIrss
Of OsagD Orange Hedge.
We have heretofore entertained near
Iy the same opinion of q lawyers Office
that the Ancient Jews did of Nazareth,
that no good could come out of it. We
are willing to enter qualified recanta-
ton, and admit that attorneys are
sometimes necessary when parties en-
ter into important contracts containing
numerous stipulations and conditions
TO put the same IN Writing in accurate
and concise language so that the parties
thereto may be under no mistake az to
| their mutual rights and liabilities
though we still hold to our orig
inal opinion that the non-pro-
ducing portion of our population
yclept lawyers are at least of doubtful!
utility. We were in the law Office of
Messrs. Ruggles Sc Plumb few days
since, and there saw contract w ieh had
been written by them for James Pagan,
Esq, as agent for Messrs. Seyfert,
McManus & Co., the parties who are
the owners of large bodies of land
in Lyon, Usage and Franklin counties,
| for the fencing of nine of their sections
of land situated in Usage county. A
gentleman from Illinois, whose name
we have forgotten, is the other party to
the contract, and undertakes to fence the
iiine sections, separately, with a hedge
OF Usage orange wherever the plants
can be made to grow, and where they
will not, to put a stone wall, in all
respects conforming to the require
ments of the statutes so as TO make a
legal Enclosure, and so that the same
shall be compliance with the law of
1867 providing for bounty for hedge
and stone fences when the fence shall
be accepted by the Board of County
Commissioners of the county where
the fence is located,-all of the above
nine sections to be fenced and the con-
tract completed on or before the 1st
day of June, 1S73,-the fence to be locat-
ed twenty-five feet from the section
line on each side of the section so as to
leave, where the sections adjoin, a
space OF fifty feet between the sections
for public highway, and a space for
the same purpose of twenty-five feet
where the sections do not adjoin.
The party contracting to set the hedge
takes it "no cure no pay" and if he
fails TO make it success as an entirety
is to receive no compensation for his
labor, unless at the option of the other
parties to the contract. The amount OF
3 fence contracted for is in all nearly
thirty-six miles, and is perhaps the
largest and most important separate
contract ever entered into in the State.
Messrs. Seyfert, McManus s. Co. on
their part agree to give to the party
making the fence, on the successful
fulfillment of the conditions of the
contract, as a compensation therefor
three of the nine fenced sections, the
division to be made by the party max
ing the fence selecting one section, S..
Mem. 81 Co. two sections, and so on al
ternately until the whole shall be
divided.
This contract is not only important
: as being large one, but is also import.
ant as getting the fenced sections fhtC
cultivation and in demonstrating tho
feasibility of successfully using the
2 Usage orange for fencing purposes i'll
T our State, as it is now, and will be il
!, the future, matter of prime necessit!
, that something should be used as a sub
2 stitute for ordinary fencing which shall
e be both cheap and durable, and il
/ our Judgment Usage orange will be
! may, we may say, has been,-demon
s strated to be the very thing suitable FOL
Y that purpose.
We may here remark that Messrs
Seylert, McManus & Co. appreciate
f their responsibilities in being the own
: ers of vast bodies of land, and are en-
d deavoring by all legitimate means il
their power TO induce immigration, anC
o intend soon to provide for the hedging
j. of their lands in this county. This il
II undoubtedly wise policy, as the i'm
{ migrant will much more quickly lOcat
# on enclosed lands even at an advanced
n price sufficient to cover the cost of til,
:, fencing, as the settler will thereby save
y the several years of time necessary tC
= produce good hedge fence.