The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-08-16

guired the branding and marking Of cat
tie, and unmarked and unbranded cattle
before the courts are unknown. When
this law was enacted, not one head Of
cattle sc. Without It's keeper, and the
preamble Of the act recites that "pefsora
cultiyating corn, &c, are evilly minded
people, enticing cattle, &C." No court
wuu:d judge any owner Of cattle running
on wood land free from trespass. A
strict construction exempts only cult.
waited lands from trespass if uninclosed
But the stock owner says to- the farmer,
am not at the expense Of fencing stock
under the present laws, and he Is not.
We are on the same level as To pastures.
The owner of cultivated fields is COM
pellcd to fence to prevent anothcr's cat
tie from eating his grass. 1t Is an equal
ity in form but noi in fact This re.
minds me of the anecdote of the two
boys who were aleeping together.
Thomas called to his mother that John
had half Of the bed, to which she replied
that is all right. Rut, expostulated
Thomas, John has his half right out of
the middle
The relative cost Of fencing stock in
and stock out has been exhibited by 3fr.
Crayton. It has been said that figures
never lie. do not believe that for
nothing lies rs much us figures except
facts. But these figures and facts about
fencing are true. The United States CEN
sus shows that fences in this country cost
1926 100000. The cost Of repairs ut two
per cent. il $500, 900 per year. This il,
remember, not to enlarge the area Of cuI-
tivatioD, but to restrict it. On 100 acres
the Virginia worm fence, which is so
dear to all of us, and runs along like a
horizontal cork screw, extracting the life
blood Of our farmers, occupies five per
cent. Of our incloscd lands, or acres in
every 100 acres. There are 5000, 900
acres of land in South Carolina, and Of
these 5000, 900 are under fence as cult
waited land, 80 that $50, 900 acres Of cul-
tivatable land are occupied by worm
fences costing $500 900, TO restrict the area
of the field which tho farmer cutivatcs.
If he who causes two sprigs of wheat to
grew where but one grew before s IL
benefnctOr of his race, what kindly
and grateful thoughts must people have
for him who causes one sprig of grass To
grow where two grew before. Disguise
it AZ you may, the advocates of the old
system, that oppose the new fence law,
are asserting pure and simple com
munsm of the unincloscd land. Suppose
the old law IN unconstitutional, as the
courts will decide, for they will enforce
the cstray Inv, you have rejected the
new Inv which provides for pasture, and
the old law is unconstitutional because it
conflicts with Section Is, Article |, of the
Constitution, which guarantees man
the use of his own property without
molestation. The present inv denies the
right of damages fDr unfenced land that
is not cultivated and trcspaascd on, blt the
ownoT has right 0f action for trcspasa
upon his uncultivatcd land. The small
landowner and tenant, who have no place
for pasture, will, if the new law il re-
jected, be ut the mercy Of tho large land
owners. Two-thirds of these tenants
favor the new law In my section. The
men opposed to it nre large owners of
woods. Tho cattle are now continually
sounding the fences for their weak pnrts,
md nre attracted by the growing crops,
but new pasture fences will be stronger
and under tho frequent observation of
their owHer, and the chances of tres
pass viii! be much Iess. Mccklenburg
County. N. O.. one year ago adopted the
new system. The canvass was very bit.
Ter, out those VINO opposed it then nre its
strongest advocates now. Suppose you
have twenty hogs on the highway, and
they enter the field of some one without
fence, us the law is to-day the owner
of the hoga is liable for all damages.
The law does not require any one to
fence against anything but cattle, horses
and mules. This does not include aheep,
goats or hogs. AS the law now is the
landowner can take up treapassing stock
n f1d Pm In. 4
Is refuses to pay for 1t he can advertise
and sell it. Under the new law no man
can scis without stiis nt law 10 f;s iiis
damages, where the parties cannot agree.
, IN conclusion, for this is an extended
subject, state that was approached bv
q colored citizen to-day who is concerned
about this matter, and Is most heartily
opposed to the new law. He suggested
that If the new law ~ adopted It gives
tho right Of pasture, but the employee
might discharge him in the middle OF
tbs yeai and leave him without n homo.
Let US look Mt its probability. Suppose
a farmer has q hand and two head OF
stock. The farmes discharges his tenant
in June for good cause. Does it follow
that the laborer will DO unprotected, aud
left on the Highway with his cattle ?
No. That stock will be liable to run in
the nn!nc!osed crops of others, and all
farmers of che neighborhood will be i:.,
teFested in furnishing pastures for them
until the lahorer gets q home.
There are those who are either igno-
rant or bent on mischief who are telling
the colored people that they will be forced
to cell their stock for almost nothing to
get rid of them, or to pay high prices for
the privilege OF pasture. Let us Judge
tho future by the light Of the past. We
might rs we'll allege that "a children of
the colored laborer do no work the farm
era would force them to get rid OF their
children. And yet they are supported
by advances from the farmers. Men
stood up here in the churches, in the
woods and fields last autumn when the
leaves In crimson and gold wero falling,
and told you that if Hampton became
Uovernor tho ku ilu1 whistle would &c
heard in the land. summoning the negro
to receive the ku kIux lash, and that you
would find ahelter in the woods or under
roclrs. Has time vindicated these false
prophets7 No. Through the thirty thou
sand square miles Of this once more
sovereign State the humble and lowly
will sleep tonight as secure as il sur-
rounded by an army with banners. The
law. girded in the panoply of sovereign
State, keeps silent watch over every head
tonight. Il sseven months since Hamp-
ton has been Governor, and although
passiOns hnva not hean hridled end ,vhstc