The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1882-06-15
Cows. Cows, Cows,

height Of the season, anu Ii needs the
attention of the man with. the scythe.
Another thing we notice is that the
sidewalks are in u passable condition.
in fact are clean and neat and whole.
To have them clean Is a delightful
thing but to have them in whole
condition Is of far more importance,
a5 a break in the sidewalk may en-
danger the limb or life of some unlucky
pedestrirn. If the cows were allowed
to run the grass would not be, so high,
neither would the sidewalks be in such
good condition. The fact is that q
weak board in the sidewalk that will
safely carry n person for months will
succumb to the first tread of the
wandering bovine. And that the
damages to tie sidewalks by cattle
running at large is much greater than
from all other causes is fact that
will bear 10 contradiction. For u
COW is a knoTihg creature and will
never walk in the road if convenient
piece of sidewalk cen be found. Be
sides the wear and tear on the side.
walks there are other apparent reasons
that argue against the running at
large of the four-footed friends of us
all. Another thing, cattle like other
property shotild be takeh care of by
their owners and IA person has as much
right to puild his house in the street
as to have lis cattle, horses, hogs,
etc, running at large. AS we said in
our last weeks article there are too
sides to the question, and the people
who have no cattle, orare in favor of
the Borough ordinance as it now
stands, which provides for the taking
up of cattle, etc, running at large,
not only have as good right TO their
opinion as have the people on the
other side of the house to theirs and
besides the law as explained by the
coults for years is all against the idea
of cattle running. Besides that in
this issue it is not the owners of COWS
against those who do not own any,
for many cattle owners have signed
the petition in favor of the ordinance
us it now stands, while many who do
not own cows have signed for its repeal
In the COUNTIES of Erie and Crawford,
and other counties in this State there
are special laws prohibiting the run
ming of cattle. And in those counties
the wheat, corn, potatoes, and other
crops are entirely unprotected. Each
man fences against his own stock and
that is the end Of the tnde. In this
Borough Were one-lolrth of the
people to own cows and turn them in
the streets il would become such nuis-
ance that the very strets would cry
out against the veil. And of course
one man would have as good d right
to have his cow in the steet as another,
and while the presence d a few cows
on our streets would be 10 ornament
the presence of droves If the beasts
would be nuisance of the first water.
All of the citizens of the place should
join hands in beautfyiug improving,
and advancing the best interest of the
place. Then the greatot good to the
greatest number should oe taken into
consideration. There isno real hard
ship existing through tie enforcing of
the law, while repeal would almost
work public calamity.
In this connection wepublish some
extracts from decisions, etc, in regard
to rights of pbople in the highway.
YeateS, 16i.
The question was, whether the de-
fcndunt had right to land and receive
freight on anothers freehold, on the
banks Ola navigable river, without his
consent?
BY the Court. In the case of an
highway, the public is untitled to the
TiYhI cf passage, but tie title to the
soil, stones, wood or helbage, growing
thereon, remains in the owner of the
soil; the use of The ground is dedicated
to the public for particular purpose
only. The bed of the yer, in Eng
land belongs 20 the Crown, and here
to the State, atSQuc al .1a1u0, aquac.
Hence the right to wharves in Phila-
delphia and other ports, and no person
can use them without first making
compensation 20 their respective pro-
prietors.
In Abbots n. Y. Digest page 286, we
find
One can not legally carry on any
part of his business III the public street,
to the annoyance Of the public. The
primary use of a street is to afford a
free passage to the public, and any
thing which impedeS that free passage,
WITHOUT necessity is q nuisance; and if
the nature of the defendants business,
and the condition Of his premises are
such as to require congregation of
wagons in, and an obstruction of the
adjoining streets, he must enlarge his
premises or remove to some more con-
venient spot.
People rs. Cunningham Den,
524.
In Kent's commentaries, Vol. III,
we fad as follows:
Every thoroughfare which is used
by the pubic, and is in the language
of the English books, 'common to all
the Kings subjects" is n highway,
whtthor il he n carrioga-r,a,, q bor,o