The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1872-12-27
NEWS.
FRIDAY, DReEMBER 81, 1872
THE FENCE QUESTION IN ILLINOIS.

The new stock law went into OPP
ration the LIST day of October. No
Arm stock 10 now allowed to run
t large. The penalty IL not less
han three nor more than ten dollars
or each offence. Thi IL but reaffir-
ming the common law, that gives
Zach pei con the right to use his own
and ~ he may please. Should he |
aOt wish to pasture any domestic |
animals, he is then at liberty TO Gull |
tivRIe his land without frat having |
70 protect IL with o costly fence II |
- certainly q reasonable Law so far
and to which they can take
no exception. As between adjacent
owners experience will no doubt
show that further legislation 10 re-
quired.- Our fence laws have al
ways been crude and ill-digested,
depending more upon the opinion
of The Supreme Court than upon the
law itself, as NO two farmers could
agree upon its literal meaning. The
law as II now stands Is simply q
rebuke to the Supreme Court In
constituting the rights under the
common law for, IN fact, we had
no salutary provision beyond the
regulation OF line or division fences
and that 10 all we need. But, will
farmers do without fences In the
cities there IL no occasion for fence
laws. No animal Il free common
or, and persons tresspassing are liza
BILE; and yet no one In the city
thinks o? dispensing with Q fence.
There are some Western towns
where fences are not common; bnt
in those the system OF irrigation
makes new condition OF things,
and the water-courses along the
streets mark the boundaries of the
several owners. i appFehend that
the new law will not lessen the
number OF miles of fencing so very
greatly as many suppose; but one
ofits good effects will be TO give
parties time, and to leave them 70
Judge how much fencing they will
construct, and the time OF its con-
struction. II will also lead to q
greater vigilance In the care Of do
mostic animals. Had this law been
In force from the first settlement Of
the Western States, 1t would have
sayed many million dollars that are
now total loss and what Is more
our groves and river forests have
been sWeps OF their most valuable,
Auch ~ oak, lime, popiar, and even
black walnut, which went 70 pro.
toct the prairie Earma from the herds
OF cattle and hogs that were permit.
ted 10 run at large. Less than one
half OF this outlay would have SUI.
feed to have inclosed the farmers
stock, while tho large herds should
have been In charge OF . herder, AZ
10 now the case on the plains west OF
the great river. Must we have high.
way fences2 Not necessarily, fol
cattle may be driven along the high.
way, and II Is the duty of the owner
TO see that they do not trespass be.
yond its bounds, and, should hi
neglect this, or his cattle break
away from him aud do any damage
he 10 liable Tor the same. We have
become 80 accustomed 10 highway
and other fences that Il detractl
from the apparent value of q farm
TO see it destitute of q fence along
the highway; and 1t Is probable
that, In all cases where the osagC
orange will thrive we may look fol
hedges along the roadside.
Then the farmer must have pas
ture for his stock, At least in part
for labor Is too dear to admit Of soil
Ing In ell cases, especially when VIZ
can have cheap pasturage. Blu
there is no doubt that this nom fen.
cling system will lead TO q larg,
AmnnnN n anflfnrR IN thu oArraa 4, =
Few years, for that has proved Il
be the practice In all similar cases
II A wishes to pasture his land ad
jacent to b, and B prefers to Guilt
vate, there is no reason why T
should be compelled to make hi
part of the division fence; but
should he pasture the adjacent land
Ii 10 then right that he should main,
tain his proportion Of the fence
There are several towns in thil
county that have, under the town.
ship laws, practiced the system o.
noninclosure, and the farms in al
such towns have been at q premi.
um, simply because stock was moi
allowed to run 1T large. There Il
no danger that any town in thiI
State will vote to go back to the ole
syatem.
Stock running in the highway
for the purpose of pasturage, Is 9
great nuisance, and often leads Il
trouble of serious nature. A great
many years ago, had planted q
row OF shade trees half mile long,
and supposed that they were out OF
the way OF ordinary stock, and mo.
veo the fence to its proper place,
leaving the road four rods wide,
with the line of trees eight feet with
in the bounds of the road. A neigh
Dor purchased three or tour yoke
Of oxen for the purpose Of breaking
prairie. On Saturday nights he
would como home aud turn these
animals into the highway and. in q
month, in spite OF my vigilance,
moro than half the trees were de-
stroyed. The only redress that i
had was to reset my fence q dozen
feet into tho road bounds, and the
following Spring, replant tho trees.
The mani do not call him neigh.
or-never planted q shade tree,
and could not be brought to see
shat his cattle annoyed me. He
had no pasture lot for his oxen, and
he said they must run 10 the road,
where they had right to go. The
result Was that the man became
dis gusted with the neighborhood,
ank sold his farm. or course, no
such man ever makes good farmer
for good farmer IL almost invarl-
ably . good neighoor; but this class
OF men can not see the value of q
pleasant home, aud they must give
place 10 those who do, and move on
toward the frontier. This. IL q true
picture, aud one that has been re-
Peated In thousand neighborhoods
in this State. Some have been re-
formed, bat the majority have NOV
cd farther wesl, and are repeating
the same thing la Kansas, Missouri,
Nebraska and other places. Iheard
Of . number OF Them In my western
trip. last year. May their hAbits be
Improved by compulsory laws sim
liar 10 ours, for nothing short ofthis
will reach them.-"RURAL" in Chi
eago Tribune.
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