The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1880-06-04
EpIroR True NoRIHERNER:


the very great member OF cattle now in the
country and that number constantly increasing
it behooves every farmer that expects to make
anything by cropping his land 10 lock carefully
after the most jud!clous plan to abate this pub
lie nuisance. Situated as my farm is on both
branches OF the Paw Paw river, with two public
roads crossing the river on two separate bridges
near the center OF the farm, and no water 10 be
relied upon in the read for nearly two miles N
each direction, makes this point general rem
devious for cattle that are allowed TO run a,
large. 1 did my best to keep my fences up, and
endured this thing until it became perfectly
insufferable nuisance, making it necessary fire.
quently 10 get out in the middle of the night to
drive cattle and hogs ont Of my fields and CT
course, with all this watchful care and serious
annoyance, / was materially damaged every
year and when / came TO examine the law on
the subject / become perfectly satisfied that
there was no valid law in existence that could
authorize any man to fed or water his ANIMALS
except on his own premises; and in this coun-
try, or under any constitutional government
there is no power to make any such law, for
this simple reason: Trespass, at common law,
cannot be legalized by statute. We might as
well expect our Legislature to pass an act lie
galizing theft. Larceny and trespass are twin
sisters IN law. II man comes along the road
through my farm and cuts the grass and appro-
PIRATES 1t TO bis own use, or allows his ANIMALS
TO feed 1t off, he commits trespass but If he
appropriates it after l have cut it he is guilty
OF larceny. think the gentlemen OF the bar
will all agree that well settled principles Of
common law cannot be reversed by statute, but
may be, and are sometimes, modified by the de-
cslons OF our highest courts, to conform, in
some measure. to the great and enduring
changes wrought by our higher civilization
since their first PRONUNCIATION by the immortal
Blackstone. Our land may be appropriated by
a law of the State for highway purposes, or for
the principle OF the right OF "emln snt DOMAIN
but for the private benefit OF my neighbor, or
any number OF neightors, the State has no
more power or right to appropriate it than that
neghbor has to appropriate the contents Of my
granary IN the middle Of dark stormy night.
our statutes on the subject OF laying out high
ways, it Will be readily seen that there Is no
attempt mace to authorize anybody, except the
highway officers, to use or appropriate the least
thing on the road, and said officers are restrict
ed to certain natural productions, to be used
exclusively for the purpose Of constructing or
repairing said highway.
In some OF the new States there are enact
ments styled " Herd Laws which authorize
the local inhabitants to herd their cattle for
grazing on all unoccupied lands. I asked one
OF our best attorneys what he thought OF the
validity Of the herd laws Of the western States.
His reply was that all such laws must be de-
clared void If tested in the higher courts, for
the reason heretofore stated that statute
could net legalize trespass and this same opin-
ion would probably be given by nearly every
member OF the bar. The principle object Of
statute on the subject Is to provide more ex
plicit and convenient way to bring such kind of
cases OF trespass before the courts but for the
Legislature to pass a law and leave its opera
ton in each county contingent upon the action
OF the Board OF Supervisors, is very foolish, and
exactly calculated to produce such kind of mud
dies as that existing IN the township OF Ant
werp and among the people In this part Of the
county the idea is very common that mich cows
have perfect right to run at large simply be-
cause the Board OF Supervisors, IN their reso-
luton, exempted them from the operation Of
this particular statute, which is equally as fala-
cious as the idea that the Board of Supervisors
could repeal the law by that resembling resolu-
ton.
Our statutes on the subject of fences are
good deal mixed up and in sort OF tumble
that is well calculated to befog the common
reader, and even lawyers are net fully agreed
as to their real import; but our best attorneys
generally agree that there is no valid statute
that requires the building Of any other fence
except line fence, but there are some statutes
that might lead q man to think that some other
fences were necessary under the law in order 10
protect his crops from trespass: but to my
mind i; looks quite clear that the laws OF our
State do not provide for the building Of any
building Of any other than a line fence, and any
statute to enforce the building OF line fence
without the consent Of both parties is, IN my
judgment, of doubtful validity. 1t is generally
known that I have cropped my farm for the
last three years without repairing my fences
Except where pastured my cattle), with no
serious damage to my crops as consequence,
in fact less damage than sustained in the
same length of time when l kept my fences in
repair. Up to this time in the year there has
been less damage this spring than ever before.
have seventy acres OF wheat, laying along four
different roads, without any adequate fence to
protect any OF it from the road, and a large
share Of it is exposed without any show OF
fence at all on the road, and the damage since
it commenced the spring growth has been very
small indeed. Very many men have inquired
OF me how l accomplished this result. In the
first place, as matter OF etiquette, (not as a
legal requirement., l served written notice on
my immediate nelghbors six months before
hand, that on and after May LIST, 1877, should
regard their animals as trespassers il found
grazing on my lands, either in the road or else
where, and should treat them accordingly. AS
the cheapest and every way the safest and best
method Of proceeding, adopted the plan of