The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1882-01-19
The Governors Message approving the
Stock Law.
STATE OF SOUTH CAROLINA,
EXECUTIVE CHAMBER.

STATE OF SOUTH CAROLINA,
EXECUTIVE CHAMBER,
COLUMBIA, S. c., January IL, 1882.
gentlemen Of The General Asscnlby:
herewith return with my approval
the Act to provide 4 general stock law
and regulate the operations Of the same
In doing 80 | desire to accompany the
approval with some comment
The agricultural Department at Wash
ington, in an elaborate and carefully
prepared report, in 1871, upon the cost
| Of farm fences in the United States esti-
mated the cost Of such fences in South
Carolina at $21 1,l3G,S96. Before and
since 1871 some Of the most accurate
agricultural writer's of the State have
established the fact that the average
cost for boundary fences alone in this
| State is about 81 for every acre enclosed.
have not the figures of the census re.
| Gently taken, but previously the number
Of acres Of improved lands in South
Carolina was put at 100000 acres.
This gives the sum of SIG 100000 rs the
cost of our boundary farm fences, and is
| corroborative of the estimate of the
United States Agricultural Department,
which includes cross AS we'll AS boundary
| fences.
hC uhlUtiOn VI tIlC IHll ltflCC
| of the country is known not to exceed
ten years With therefore an annual
depreciation Of 10 per cent, upon the
capital, and interest at per cent. upon
the investment, it clearly appears that
the annual cost Of boundary fences to
our agricultural industry exceeds $1,000.
| 000
The State and County taxes levied for
all purposes for the last fiscal year. as
shown by the Comptroller's books,
amounted to 81 ,3OS,316.
1t is therefore apparent that the abol-
tion of boundary fences saves annually
to the agricultural industry twice rs
much money as is paid in taxes by all
the Industries of the State combined.
In view of the facts and figures 1 have
given, the general scope and object of
the Act return to you meets with my
approval. regard it as eminently wise
and judiciously progressive. There is q
feature in it, however, which does not
commend itsel to me- aud which is not
necessary to the accomplish mcnt of the
object sought. You will permit me to
call your attention to it, and suggest its
removal by supplementary legislation.
| Common of pasturage on unenclosed
land is feature in our public policy CO.
oval with our history, and has prevailed
| unimpaired with us until very recent
period Along with it came our law of
enclosures, which the law under consid.
Grafton SO fundamentally changes. Com
mon of pasturage was the right of every
citizen to Craze his animals upon the
unenclosed (which was then synonymous
with his unimproved) lands of his neigh
! Dor. 1t was right founded not only in
supposed public policy, but in abstract
equity. The theory of our law Of real
| estate is that in the origin of social or
ganlzation all lands belonged to the peo.
| pie in common. When they began in
| parcels to be assigned to individuals, it
was, except perhaps in some few cases.
upon broad grounds Of general benefits
to accrue; that thus assigned they would
become improved and through taxation
add to the general welfare.
The grants from the State to the indi.
2.dual were all free, and there was no
other consideration than this involved.
No present proprietor, whatever sum he
has paid for his title, can stand on higher
ground than the original grantee from
the State through whom he claims.
Until now it has not been sought by leg
islation to place him higher When he
improved his lands and fenced them, AS
=
carefully protected by law from intrusion
by men or animals. When he failed to
improve his lands, and left them unen-
closed, though paying his taxes on them
at their unimproved rate, the law protcc-
ted him in the enjoyment of such value
as he derived from theIn-the use of its
timber and water. But that value which
was left, i. C., the right of pasturage,
which he had not appropriated by i'm
provement, was left tc public enjoyment.
The first Infringement upon this common
OF pasturage by our Legislature occurred
i'll 1866, when it was enacted that every
entry OH the enclosed or unencloscd
lands of another, after notice from the
owner or tenant prohibiting the same,
should be misdcmeanor.
The Act, which we are now discussing,
goes further and absolutely abolishes
common Of pasturage. 1t makes it
trespass for the owner of any live stock
to permit it to run at large beyond the
limits OF his own land.
While the lands of much the larger
part Of our State are devoted to agricul.
ture, there remain sections in which it is
not so. Small areas are there highly
improved and devoted to profitable cui-
ture, while the larger portion remains in |
- Ss"sS W iA'u'o "nu ouoIuS only WOOu |
and water and pasture of limited value.
Even in the most highly improved |
sections portions Of the country are
waste, and there would seem to be neith
er policy or propriety in forbidding to
the general public the consumption of
the pasturage on these lands which the
c@ner dces &c. l::::::::cis appropriate. and
the consumption Of which does not inn
pair the value Of the lands themselves.
1t seems to me, therefore, that the Act
to provide general stock law is serious.
ly defective in aboishiDg common of
pasturage, and should be amended so as
to restore this ancient right while retain.
ing all the economical advantages pro.
posed by the Act.
Let common of pasturage be restored
upon oil unimproved lands, properly de.
fining what constitutes improved lands.
and require no fences around improved
lands to protect them from trespass of
men or animals. The account between
the landholder and the general public
will then be fairly adjusted upon eouita.
BILE principles. The iandholder will have
no unnecessary burden imposed upon
him in the development and enjoyment
of the property upon which he paws
taxes; and the non.landholder will On.
joy .tha. right which remains from the
original general fund, and has not been
appropriated by the grantee through the
improvement contemplated in the grant.
Observe now with such amendment the
operation of the law. The agricultural
landholdcr is relieved OF the heavy bur.