Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1870-03-08
THE LAW OF FENCING.

THE LAW OF FENCING.
In harmony with Blackstone's
definition, we do not find the law
relating to fences commanding what
is hagrantly unjust; for the common
law does not require any man to
fence against stock. Its spirit is,
when cows and corn came into for
bidder contract, TO consider the cows
the trespassers, aud not the corn to
make every owner of stock respon-
sible for its depredations.
Highway FeRceS.-The land occu-
pied by highway is, in most of our
States, still private prop erty, belong
ing to the owners of the aiacent
fields. The public cannot take
private property without compensa-
ton so, in opening highway, they
acquire no right, except the right to
make a road and travel it. The
owner Of the farm through which it
runs reserves all rights not incom-
patible with the pubic right of way,
and can MAINTAIN trespass for carLing
off timber or stone, or for pasturing
cattle along such road. In most of
the States, also, he can maintain
trespass and collect damages for
cattle entering his field from the
road, without being required to show
that it was fenced at all. Cattle
have right of passage along the
highway but they have no right to
loiter in it or to be in at all without
a keeper. A few Of the States have
enacted laws which virtually author
ize Jones's cow to enter Johnson's
garden aud destroy his vegetables,
unless Johnson shall have erected
fertilization to keep her out; but
this taking one mans property and
transferring it to another is opposed
to the fundamental principle of law.
The law protects property-cattle
and hogs on the highway are pirates.
1t IS high time for the prominent
farmers OF every county 10 combine,
IN compelling custom to conform TO
the common law.
Farm Boundary Fences Most Of
the States have enacted laws that
seem oppressive, requiring division
fences between farms, aud violating,
with aggravating circumstances, the
rule of right that the man whose
property needs restraining should
fence it in. Such law declares the
whole State that is not fortified to
be common; and however the ar
rangement might have answered the
needs of early colonial times. it can
not much longer be endured in the
presence Of enlightened culture. 1t
is law for the encouragement of
pillage, and the encouragement of
tillage.
EFFECT OF REFORM ON THE WEST.
Let every Western legislature say
to every settler: Take care of your
own stock, and we will compel your
neighbor to take care of his" and
four farms would be opened along
the frontier where one is row. The
necessity of enclosing with fence
is the bugbear pioneer farming. A
young man, attracted by the promise
of wheat-growing, is first astonished
and then repealed by the fact that
his fences will cost five times as
much as his land. He has no cattle
to fence in; but if he take a quarter
section of land. he must build at least
mile of fence solely for the accom-
mediation of his neighbors If they
have not more than fifty head, he
will find it cheaper TO go upon their
farms ald enclose their pastures if
they have, he will probably despair
Of owning land at once, and will
either shire out" or rent farm
already enclosed. Twice as much
land would be bought and paid for