Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1875-05-07


forced, to remove their road fences.
In view of the fact that large droves
are necessarily passing along the highway
during the season, would such action be
wise? Does any one suppose that any
convenient number of men and horses
could keep drove of from one to four
hundred head of hungry cattle, from
helping themselves when being driven
along strip four-rods wide, with corn
fields upon either side, and no fence to
prevent? and, besides, the removal Of
road fences would occasion endless
trouble in other directions. But enough
of this. My object is to call your atten-
ton to this matter, and ask you to tell us
all you know about it, and oblige many
besides the undersigned.
L. J. CURTIS.
REMARKS.
We are afraid that our correspondent
places too high an estimate upon the
editorial judgment in regard to the subject
upon which light is solicited. Many of
his questions are purely legal ones, in re-
gard to which editors know no more than
anybody else. But as the subject of the
stock law in all its bearings is yet an open
one, and every citizen is permitted to
guess what its solution will be, we ven
ture to offer such answers to the questions
propounded above, as our best Judgment
and information may dictate
First, as to the binding force of the
stock law, adopted by vote of the people
at the late election The law is in effect
and has all the binding force of any law
not repealed or declared unconstitutional
by the courts. Ifany our of readers are I'M
der the impression that any action by the
courts has released them from their obi
cations to obey the stock law, or from
liability to penalties for its violation
let them be disabused; such is not the
case We are aware that report has
gone out that Judge Bagg decided against
the law at the last term of the Circuit
Court. This is not so. In the case of
Kortwright VS.. Jackson, for damages un-
der the stock law, judgment was rendered
for plaintiff for $50 The defendant filed
a motion for arrest of judgment Oh ac-
count Of alleged irregularity in the submis-
sion of the law to the vote of the people, and
this motion Judge Bagg has under advise
ment There appears to be difference of
opinion between the attorneys in the
case, as TO whether Judge Bagg is to pass
upon the constitutional question or not.
If he does, we hazard guess that he will
decide in favor of the law as it stands.
The question will undoubtedly come
before the Supreme Court, and its fate be-
fore that tribunal must be judged by
what has gone before The Supreme
Court few years ago, decided that the
wine and beer law, adopted by vote of the
people of some of the counties, was not
constitutional, because it involved the ex-
erclse of legislative authority by the people
in their primary capacity. In this same
oSSioloii ho"SNSlt WV \oult
that the adoption by vote of the peo-
pie of a proposition in the shape of
police regulation might meet the approval
Of the Court. In accordance with this
hint the present law was framed, and
passed by tie Legislature 1t is the law
of the State, and only requires the action
of the people of the several counties to
provide for its enforcement. We think
we arc warranted from these and other
signs, in predicting that the Supreme
Court will affirm the constitutionality of
the stock law, and we certainly think that
it will be the part Of prudence and safety
for the people of our county to abide by
it; at least not to assume just yet that it
cannot and will not be enforced
In regard to nonresident land own
ers leasing their lands; if they enclose
them with fences, they will certainly be
required to build their share of division
fences If they do not so enclose them,
they cannot be compelled to build division
fences, neither will any lease of unenclosed
land confer any Exclusive rights upon the
lessee.
The question whether farmers can safe
ly remove their fences along the highway
depends, of course, upon the ultimate de-
cisi on of the question of the validity of
the law In our opinion, such action
would not be prudent just yet. If the law
is declared constitutional and binding, we
should think that owners of droves of
cattle pasturing along the highway would
be liable for damages resulting from the
dcpredations of such stock upon growing
crops on unenclosed lands, unless it could
be proved that they used all the means in
their power to prevent it. 1t is quite
likely, in such case. that farmers would
take care not to plant tempting crops, like
corn, along the roadside.
What would be best to do under cir
cumstanccs similar to those mentioned by
our correspondent, can, OF course, be bet
ter decided by the farmers than by u.s.
All that we hope to do is to throw little
light upon the situation as it exists, and
the probabilities of the future We GER
tainly think it is not wise to assume that
the law is void, or to predicate any hasty
action upon such supposition. Our advice
to the farmers, until the question is finally
settled by the authority of last resort,
would be to get together and amicably
adopt some policy regarding fences and
stock that will be mutually satisfactory as
a temporary expcdicnt, and preserve peace
and good feeling. We should have stated
before, that 1t is understood that there are
some cases already before the Supreme
Court in which the validity of the Stock
Law of the last Legislature is involved -
The decision cannot be long delayed.
Transfers OF Heal Estate in Buchanan
County.
Reported by John Hollett, County Recorder, No
tary Public and Real Estate Agent.
For the week ending Nav Z, 1875.