The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-29
4BOLISH THE FENCE LAWS.
OF tho ''Unlawful Fence" System-The
Advantages OF the Change Proposed.
TO THE EDITOR OF THE NEWS.

ORANGEBURG, December %.
The bill now before the Legislature In rels-
ton to fences, 1t is to be hoped, will become
law. The advantages to be gained from
such law are of inestlmable Importance to
all who engage in agricultural pursuits, as
we'll as to the small landowner, the tenant or
lessee as to the proprietor of large estates.
Fencing lands for cultivation is attended
with an enormous expense, an expense OF
which few. conceive, but which all agrlcultu.
raj classes share. We have it upon the au-
thority uf writer's who have given attention
to the subject. that the cost OF fences 10 the
United States up to the present time exceeds
in value all the real and personal property In
them. This should be convincing argu-
is detrimental, and, therefore, should, as far
as practicable. be abolished.
Do away with fencing lands for cultivation
and YOU reduce the price per acre for rent,
without de!riment 10 the lessor, and with
gain to the lessee. In leasing the price is
regulated Sd as TO cover the cost OF repairing
the fences. The lessee is taxed to meet this
expense in the higher price demanded, while
the lessor Is nothing the gamer by 1t, a GER
tain percentage having to go for the neces-
sary repairs. Besides, The wages of the laborer
! would Increase in proportion to the decrease
of the expenses OF the planter. Distances
would be shortened, as In MARY cases travel.
ling could be done along the turn rows
through the fields The annoyance of OBJ
structIng roads with fences tor convenience
and economy would cease. Fertile spots Dor.
derlng on and in the angles Of branches and
swamps, which could not be fenced In without
great expense, would be brought under cul-
tivatlon.
Under the existing state of things, many
planters, besides having their planting lands
enclosed, flndit necessary to keep their stock
self defence. The fences of their nelghbors
are so deficient as to invite animals the least
inclined to Jump within their pretended en-.
closures. The planter, through the neglect OF
his neighbor, must either submit to having
bis stock spoiled and perhaps shot, or enclose
them By good fence of his own. He chooses
to do the latter, and thu; ne 10 dou6ly taxed
for the benefit of an unthrlfty neighbor.
why not sue said neighbor, and recover
damages for not having lawful fence Here
is the point The difficulty of proving the
fact Is the obstacle in the way. Such remedy
has been at hand in South Carolina almost
from time immemorial, and how many plant.
ers have kept what are termed lawful fences
It would be the most difficult matter to en-:
force such law, especially at TINS 1unoture OF
affairs In the history of the State. Besides,
once stock have learned we'll the art of jump
Ing, lawful fence would be no barrier to
them.
But let q law be passed requiring every
owner OF stock to keep them fenced In, and its
virtue can be enforced. II would be easy
enough to take up estrays and hold them In
custody until the damages were paid. Owner
ship of the animal would be proof sufficient to
| identify the vIolator of the law.
The small landowner may content himself
with the idea that as he has only few acres
to fence the expense will fall lightly upon him
| But such Is not the case. The cost of fencing
few acres is greater in proportion than that
of large number. For instance, 1t require;
only twice the number of rails to fence sixty
four acres that does sixteen acres, while there
| Is four times the area enclosed. The greater
the number of acres to be enclosed, the les;
the expense in proportion.
The question may be asked, what will De.
come OF the stock of those who own no lands
By the same custom of the country which
allows those to live In houses who do not OWL
/ the lands upon which the houses are built
the stock of the landless will be allowed to gt
upon the range of others, except that the!
| will have to be enclosed. In very shor
while land owners will have enclosures upor
their lands for the accommodation OF tht
stock of their tenants and hirelings.
PAYSAN.