Nebraska advertiser., 1869-03-18

80 8 AariN end oalers q
DrNC1s
E|hava read III the Br6WnviEle Id
With reca 70 yonl reselr-
tid14 "a 8IoriHr chat Ecu VIII allow.
Fcur stock 20 E0n ct large IN deltpN
81 the Provisions Of the General Herd.
Law rsIientiy enacted bT our Legia-
fufol who are the supreme mn-
king power Of our State
AS am q practicEng lawyer II
might he supposed would rejoice ct
YOUR determination as il would tur~
nish a niclf harvest for the lawyers Of
this county. but I Will say i am far
ming Through choices anoa laW~lpFing
ard IaVt-8oidiug citizen, and in the
Language Of Holy Writ desire to eat
mv bread en- Che sweat of my brow i
desire 10 rec my neIghb0r I've IN ae-
cordanca with harmony rather than
In strife, therefore I will give my
opinion AS q lawyer, and also as q clti-
zen and ncighbor:
You say the law Is unconstitutional.
In that you are m~istabened. The Leg
islature Of Nebraska IS sovereign, and
can pass any law Which does not con
diet with The constitution Of The State
OF the constitution ofthe United States,
and the laws Of Congress made in per
suance thereof There is nothing in
either consultation prohibiting the
legislature from passing s law deelar-
Ing what shall constitute q fence, eth
ell in the whole State or a part Of the
same, aud EeQuiring owners Of stock
To restrain them from trespassing on
their neiphbors crops. You say said
law is 4 fragrant outrage" on your
rights as citizens. You have the right
70 keep stock, but no right, either le-
rallY or morally, 70 suffer your stock
to destroy the crop which IS 70 feed the
family III your poor neighb0r; that
your profit on stock raising may be
increased. If You believe the law TO
be unconstitutional, it is your right to
have a case carried up to the courts to
test thar question; but il you presist
ia carrying out your mutual agree
mentf TO allow your stock to run at
large, the result VIII probably be that
at Che next term Of our District Court,
each stock raiser viii have from thirty
90 forty suits on the docket to defend,
and as one case goes go goes the rest,
entailing an immense bill of costs.
The law declares that It shall be un-
lawful for stock TO run at large. DC,
which makes the act Of doing so a
trespass. The law also provides that
the stock may be taken up and em-
pounded and the damages ~ascertained
By arbitration, but in my opinion the
party injured, may. instead of taking
up the stock, bring an action Of tres
pass before any Justice Of the Peace
III the county and recover damages.
AS to the merits of said law, permit
me to say that the Legislature Of our
State should legislate for the benefit OF
al the people Of Nebraska. "The
greatest amount ofgOod to hegreatest
NUMBER Is a good maxim, having al
ways q respect for the constitutional
rights Of the minority.
The statistics of the State show that
more than half Of the farmers are far
ming without a fence, and one-fOprth
more have what are called fences, bat
not sufficient To turn stock. Looking
therefore to the general welfare and
prosperity of the State, the Herd Law
Is one Of the most humane and just
laws that the Legislature ever passed.
It has been charged against the Re-
publican party that they cared much
for the negro and but little for the poor
tOiling and struggling white man; but
VIII say, as q Democrat, that the
Republican Legislature of Nebraska,
in the passage Of the General Herd
Law, has shown to the world that the
poor white man of Nebraska '.isai least
as good as the negrO,o and entitled to
the protection of the law. / say this
because we should give honor to
whom honor is due, and in the Ian
guage of our Divine Savior, render to
Caesar the things which belong %
Caesar, and to GOdthat which belongs
to God.
You, as American citizens have giv-
en- your opinions; I, with au honest
purpose Of heart, have given you my
opinions, without hope of fee or re-
ward, hoping il may do some good to
my neeghDors and friends with whom
I wish to live in peace.
i must close for the present, but at
some future time, will give my views
to the effect that this law will benefit
the stock raiser as well as all other
classes.
Respectfully yours, &c,
T.. BURNET STEPHENS.