Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1875-07-16
SEE-SAw.
The Stock Law Declared in Force.

There is no probability that the qucs-
ton whether this county has in full force
and effect a law to prevent stock from
running at large, will be settled until the
people have another chance to vote upon
it.. Legal opinion is decidedly mixed up
on it, and adverse and conflicting de-
cisions from courts of law keep it in the
state suggested by the head of this article.
The point in dispute seems to be upon the
binding force of the police regulation
adopted by the people Of the county at
the last general election, and the decision
of this question turns upon the regularity
of the action Of the Board of Supervisors
relating to it, subsequent to its adoption
by the people.
Section 314 OF the code prescribes that
the result of any vote of the people for
the expenditure of money, or for the
adoption of any police regulation must
be published four weeks in a newspaper
before the same can go into effect. Our
readers will remember that at the last
term of the Circuit Court in this county,
Judge Bagg decided that our stock law is
invalid and of no effect for the reason
that this provision of section 314 had not
been complied with. This judgment was
pronounced without argument and prob
| ,l>l 49, all
the points. The law of last winter how
ever prescribes that the police regulation
with regard to stock, if adopted by the
vote of the people shall go in effect thirty
days after the election, and says nothing
about publication. y case was brought
before Esq, Roszell last week entitled
Kelley VS.. MCGEE, involving the question
of the validity of the stock act as adopted
in this county Eastman & Hussey APP
pearcd on one side, maintaining that the
law was of no effect, on substantially the
grounds taken by Judge Bagg. Messrs.
w. G. Donnan and JAS Jamison were on
the other side and argued that according
to the intent and language of the law Of
last winter, which fixes the time at which
it shall become operative at thirty days
after the election, it was practically taken
out Of the operation of section 314 of the
CODE and no publication beng required
after It's adoption by the people, that it is
now in full force and effect
Justice RosZell, after careful cXamin;-
ton of the law and all the points produc-
ed on both sides of the case, came to the
conclusion, which he embodied in writ
ten opinion, that all the conditions have
been complied with necessary to give
valid force TO the law; that the publication
required by Section 314 of the Code does
not apply to the Stock Law voted upon at
the last election This decision is directly
contrary to that of Judge Bagg, and as it
has plausible grounds to stand upon, it
has the effect of setting this momentous
sea again 1t would certainly be for the
interest and convenience of the entire
farming community, as well as parties lit
| igant, if an agreed case could be made up
and the question of the validity of the
law be taken to the Supreme Court in the
shortest possible time. The uncertainty
in which it Is at the present time is work
ing incalculable injury to the peace and
harmony of the community, giving rise to
feuds, and in some instances deeds of vio-
lence disgraceful to any well ordered com
munity.