The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1877-02-01
THOS. HENSHALL.
PALERMO. KAN. Jan. % 1877

PALERMO kAN., Jan. - 1877.
EDITOR CHIEF-Sr Il see that YOUR columns ar,
open for the discussion of the herd law, and its app-
cation to this County, an advantage disailvant
age to our community In our Township, there
diverse opinions the suiect-some c0nending that
the enforcgnent of the law is in favor of
the raroA corporations of the State to release them
from the payment for stock, when killed by them. !
think that one moments reflection will convince any
reasonable man that the railroad companies. in that
respect would stand before the law the same ms an
individual would should the individual kill main
his neighors stock maliciously carclessly. Thus,
in own mind disposing of that argument, If il
he called one, will Immediately proceed to ask
County Boar when in session to turn thor attention
section two, which says all political power is Inherent
in the people, and all free Governments founded
on Their nth y, Spd ar Are instituted for Their sga
mites shall Ike granted by the Legislature which
may not be altered revoked repealed by the same
oody; anu tins power shall De eSerclssd ey no cssr
say that past Legislature has enacted the herd Law
for the State of Kansas and that law stands unepea
ed upon statute books, and consequently In the
law Of the land and under its provisions no one il
compelled to fence against his neighbors stock But,
some there certain provisions in the law that
claim not that would confer upon it Legislative
power which it cannot possess. See article two,
tion one, page 20, compiled statutes Of 1863, which
reads thus The Legislative power of the State shall
be vested in House of Representatives and Senate
There is no County Court mentioned there and thus
it is left purely executive in character with choice
article two section seventeen of the Constitution of
Kansas, page Is, complied statutes of 1863 says: "An
laws of general nature shall have uniform opera
ton throughout the State, and in all cases where
general fr be made dypiedb special laws shall
be enacted And is there single man that show
why the herd law cannot be made applicable! Not
one except far his own personal interest is
cerned to procure from the lands Of his neghbor that
which not his But says one, the Constitution
Of the State provides that the Legislature confer
upon County tribunals power Of local Legislation. Al
lowed it can, and does They vacate streets, al
leys and highways and do other business i'm conform
ity with existing laws, and cannot do any business
If what need Of County Attorney, to advise the
Court of the full intent and meaning of the law! At
your next Ext, mee1s zen ~ woGa sas G 70 your
two classes of petitions. One will ask you tn enforce
the Law the statute book of State. that each
may he protected his domain thereby;
Others will ask YOU to abrogate the law that they may
receive benefit from domain that Is not their own, and
claim that in all Governments, each individual must
the farmers have becn giving away the privilege and
of their lands. since the settlement of kansas
Suppose now. we change the programme and let each
pay for what he gets from the lands, the same
farmers pay for what they get from the factories and
shops of the artisan We not allowed the use Of
machinery for nothing. with which to cultivate our
lands. From horse nail to a reaping machine, we
paw the manufacturers prices: and when paid for,
have others the right TO the Of the same for moth
ngi Not in the least. The farmer buys his land it
is his; and does not justice and right demand that he
should keep his own stock theron. Ii certainly does
But does justice make the double demand. that after
keeping his stock thereon he should be compelled
by law TO purchase fencing to keep his neighbors
stock off, Certainly not And in closing, let ask,
why don't those that claim the railroad humbug of
killing stock and not paving for it, and saying that the
herl law j. railroad scheme look the other hand
and claim that the opposers of the herd law are work
ing in the interest of the lumber merchants to compel
the farmers to purchase their lumber for fencing
One proposition is as good the other and Just as
absurd. l will say to the County Beard you have
been invested with executive powers by the Legisla
ture that did not competent willing to father
its own acts. Make your decision according to the
Constitution of State: enforce the herd law and
YOU will establish justice and insure domestic tran
guilty. CYCLONE