The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1880-12-31
For tie -IEgis and MtellSgencer.
Some Remarks upon the Injustice and
Illegally Of Allowing Stock to Run
at Large Upon the Public Roads.

| Were we able to estimate the full amount of
| the tax placed upon the thousands of land
owners in Hartford county by the few indi-
viduals in every neighborhood who habtual-
| ly allow their cows and hogs to wander at
large along the public roads, in search of
food, the figures would prove alike startling
| TO the trespasser and trespassee. To keep up
an outside fence, perhaps half mile, or a
mile in length, in condition to be proof
against hungry hogs and half-starved COWS,
| costs more than any farmer, or trespasser, has
ever calculated Certainly, the money thus
annually used in fencing, that would be I'M
necessary except as protection against the
few comparatively worthless COWS and hogs
| that run at large in violation of the laws Of
the State, would be sufficient to pay the en-
tire amount levied for taxes in Hartford coun-
ty.
The people should ponder on these facts,
and should devise some means for their pro-
lection from this most onerous and most I'M
just tax.
There is now sufficient law for the protec-
ton of land owners against the trespass of
road. stock, if they see proper TO put it into
execution. But, in thus throwing the respon-
sibility for the execution of the law upon the
injured party, he is thereby placed in posi-
ton where he must suffer the greater injury,
possibly, of mourning the i'll will of his neigh
Dor. This is not as it should be; and it Is for,
this reason that the laws of the land with re-
gard to stock trespassing upon the public
roads are very rarely appealed to for the pro-
lection of those whose fences are broken
down, and whose crops are ruined. Instead
of compelling the public to depend upon ne
gative laws for their protection, our law
makers, whom we send to Annapolis, to
look after onr interests, should at the very
next session of the Legislature proceed to en-
act positive law on the subject. The de-
yisement of such q law, we consider very
simple procedure. For example, in all cities
there is law against yagrancy. II ID the
duty of the officers of the law to arrest and
incarcerate all persons "who have no visible
means of subsistence" Now, law should
be enacted making it the duty Of the law Of
ficers of the counties to "arrest and impound
all COWS, horses and hogs, found upon the
public highways without visible means OF
subsistence" or without their owners ac-
companying them. Such law, when once
promulgated could be as readily and as east
iy enforced and executed as the law against
the owner of q COW could he if he were seen
to 20 into his neighbours cornfeld and take
the same corn that his cow would consume
if she were there The loss, in either case is
exactly the same, and similar penalties should
be inflicted.
The article in The 4Egis and Lntelfgencer for
December II, quoting the decision the Cir
cult Court for Talbot county, relative to the
stock law, fences, &C., affords lis very
clear and explicit explanation of what the
law of the State really is upon this important
subject. The following extract from the
opinion of the Court will bear repetition
1.-THE court held" says the report, that the
common law in regard to trespassing cattle,
etc, is in force now in Maryland, and that
the rule of law is that person is only bound
to take care that his cattle do not wander
from his own land and trespass upon the
land of others that fence is for the purpose
of keeping your own stock at home, and not
to keep others stock off; and ANY one Is
damaged by another's stock trespassing on his
land, whether fenced or not, whether cleared
land, or wood land or marsh land, he can re-
cover damages from the owner of the stock
so trespassing.'
This is so plain that the "wayfaring man,
though a fool may understand" but all the
trouble of the prosecution by this law, and
the odium resulting, falls upon the injured
party, who, it should be presumed suffered
sufficiently from the damage to his property
without being compelled to enter the arena
of the law. militant. The simple enforcement
of the law against stock running at large OIL
off of the premises of the owner would re-
move all those difficulties and vexatious law I
suits from off the hands of the land owners
and, what is of more importance to the So
cial and Christian lives of men, would avert
the ll-feeling and bitterness spirit which,
naturally follows legal pr ceedings for DAM
age. Let the cause of the damages be n
moved, and then the enforcement of the ls
is no longer required. Let our law-givtV
give us a law which will make it the du%
under penalty, of all sheriffs and constabI
to remove, on sight, all stray stock from
public roads, and thus relieve the peoplenks
the enormous fencing tax and of prolia
source of vexation Of spirit. #t
W. STUMP FoRwooD sf
DdrEington Nd, Dec. 81, 1880. fl