The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1882-01-19

.Conmon of pasturage Oh unen
rlosed land is feature in our public
policy coeval with orr history, and has
| | prevailed nnimpaired with Us until d
very recent period. Along with it
came our law Of enclosures, which the
law under consideration 50 fupdameu.
tally changes. Common Of pasturage
Was the right of every citizen to Craze
hrs apl5aals upon the uneuclosed (Which
was then synonymous with the un-
improved) lands Of his neighbor: l.
was y right founded not only in a
supposed public policy, bltiia abstract
equity: The theory Of our 4 law 4 $ of
real, essate,4is, that in--thes origin of
social organization all lands belonged
to the people in common. When
they began in parcels to be assigned to
indiyiduals 1t was, except perhaps in
some few cases.: upon broad grounds
of general benefits to accrue :; that
thus assigned they would become i'm
proved, and through taxation add to
the general welfare. rig
The grants from che State to the
Individual were all free. and there was
no other consideration than this in
volved. No present proprietor, what.
ever sum he has paid for his title, can
sand'!on higher ground than the
original grautee from the State
through whom he claims. Until now
it has not been sought by legislation
to place him higher When he i'm
proved his lands and fenced them, as
existing legislation :; required, he was
carefully protected by. law from in.
trusiou by men or animals. When
| he failed to improve his lands, and
left them uncr5Iosed,' though paying
his taxes on them at their unimproved
rate; the law protected him in the en-
joyment of such. value as he derived
from thcm-thc use Of its timber and
water. But that value which was
left, i: G., the right of pasturage.
which he had not appropriated by
Improvement, was left to public en-
joyueut. The first infringement up
on this common Of pasturage. BY our
Legislature occurred in 1866, when it
was enacted that every entry on the
enclosed, or unenclosed lands of an.
other. after notice from the owner or;
tenant prohibiting the same. should
be 1nisdemcanor
The Act which we are now discuss.
ins goes further and absolutely abol-'
lshes colnmon of pasturage. 1t makes
it a trespass ior the oRucr of any. live.
stock to permit it to run at large
beyond the limits of his own land.
While the lands of much tho larger
part of oar State arc devoted to agri-
.cnlture, ,. there remain sectioBs. = in
which it is not So Small areas there
are highly Improved and devoted to.
profitable culture. while the larger
portion remains in Il state of nature
| and affords only wood and water and a
pasture of Hunted value. .s,:.r,....
Even in tie most highly Improved,
sections pnrtinns Of tho, ccuntry arc
wasted. an! there would seem to be
neither pc;icy nor proprioty in for
bidding t" the general PUBLIC the con-
sumpllon of the, pasturagc on these
lands which the owner docs apt himself
appropriate. and the consumption of
which does not impair the value Of
the land themselves
1t seerus to me therefore that the
Act to provide a General Stock law is
seriously lcf"ctiSe in aholishing com
mon Of pasturage, and should DC
amended so as to restore this ancient
right while retaining ali. the economic
advantages proposed by the Act.
Let common of pastarage he re
stored upon all uuimproved lands,
properly defining CHA: conqtitptes i'm
proved lands, and required no fences
around improved. lands 20 to protect
them from trcspass of men or animals.
The account between the ;landholder
and the s"nera! public will then DC
fairly adjusted upon eg;iitable priu.
ciplcs The landhoder wi!l;'havc no
necessary burden imposed npou him |
in the development and enjoyment of
the property. upon which he. pays
taxes and the non landholdcr will
enjoy that right which remains from
the original general fund, and has not
been appropriated BY: the grantees
through the improvement >coutenl-
plated in the grant. ..l%;
Observe now with such amendment
the operations Of the law. The agri-
cultural landholdcr is relieved Of
the heavy burden of fencing of which
be complains. The pastoral land
holder or the non-landholder is de, |
prived of 20 right which he possessed. |
He may still have the pastoral use of |
all waste lands; heis only required, in |
SO using them, not to abuse his neigh |
bor. While pasturing his stock upon
his neishbor's waste lands, he is not |
to pasture them upon his ncigbbor's
crops That is all and surely unlesS
the ownership; of live stock without
the ownership of land confers extra.
ordinary rights, there is no iuiquity
ii the requisition. 49,. - .
4 system Of individual or co-opcra-
tive hcrdHg entirely practicable and
com parsiively inexpensive, as' ,cvi-
denced in the experience of other
countries. will take the place of our
present Inefficient aud expensive sys-
TEN Of enclosures, and we will as a
people so'n recognize the passage of
the stock law AS an era III our pro.
grcss. ...' ...'. T..