The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-11-29
A LEGISLATOR ON FENCE CUT
TING.

cutting troubles. A spirit of COM
munism exists in modified form to a
considerable extent in this country.
But it is held in check by a well regu-
lated society, and is only potent when
favored by exceptional conditions;
and these conditions existed in the
west. The right of exclusive indi-
vidual ownership to land is law of
society--Got of God or of nature. 1t
first beca &c recognized by the progen-
itors of our race when they progressed
from Il grazing to an agricultural peo-
pie, and it grew out of agricultural
necessity. The primary idea is that
general, and no particular spot to
any particular individual. But the
nature of agriculture makes it neceS-
sary to bestow labor upon particular
spot and the products being the re-
suit Of both the labor and the land the
right of the laborer to the particular
piece of land was recognized. But
there has always been, to some extent,
Il feeling in human nature that the
spontaneous products of the earth be-
long to mankind generally. That
grasses and fruits produced by the
sell, without the labor of man, are
like air and water, a gift from God to
man in which all have common
right. Traces of this feeling are
found and recognized in Common
Law, as, for instance in the Right of
Commons The grasses of the West
are spontaneous, and the feeling /
have stated is applied to them IN the
expression ''iree grass" which is the
cry of the fence cutters. And this
has been the recognized doc
trine there until within the last few
years. When the great profits of
cattle raising upon grasses
produced without labor was fully re-
allied, wealthy men bought up large
tracts of this land, and fenced them
to realize to themselves the profits
produced by it. Under the letter of
the law, they had an unquestioned
right to do so. But it aroused the an
tagonism of the "free grass" idea
have stated And in many instances,
with selfish greed they fenced large
quantities OF land to which they had
no right-running their Jagged wire
around the land of other individuals,
and the lands of the state. They dis
regarded the law prescribing plank
on their fence, and enclosed the water
holes and courses and treated the
squattcr with contempt. They were,
in the most emphatic sense. aggress-
i've. BY the course indicated they
aroused the antagonism of nearly
every element. And they fenced pas
lures of unheard of immensity,
and thus appropriated to an in
dividual territory sufficient to have
supported q thousand families.
This obstructed settlements and rem
dered material advancement and de-
Velopment impossible. Of course,
every one knows that man has
right to fence in any quantity of that
he is able to buy. But right carried
to extremes becomes wrong. And
the people felt that these immense
holdings were not in harmony with
the spirit of our institutions. And
nothing can peacably exist out of
harmony with its surroundings.
These and the naturally lawless men
who exist everywhere were the prin-
cipal causes of the war upon fences.
Like the mob split, wherever and
whenever it has been aroused, it lost
sight of the cause and degenerated
into indiscriminate destruction.
The suppression, by anything the
legislature can do, will be difficult, if
not impossible. In the agricultural
section, where no pretext can justify
it public opinion and the existing law
will speedily stop it. 1t is but the
work of a few lawless men, blindly
bent on destruction. But in the west
proper, there are good men as well as
bad engaged in it. The country is
now sparsely populated, and now in
its formative" state, if l may so call
it. The civil law has never been eff
ing the history of the frontier from
the Atlantic westward and the Pa
cific eastward, we find that on it the
mob has even made and enforced the
law. Judge Lynch" presides the
first term upon the frontier circuit.
Public opinion Isettles and regulates
the community according to its view
of proprieties and conditions, and
when it is so settled, the law steps
quietly IN and keeps it regulated. 1t
will be so in the west. The existing
law makes cutting fence punishable
by fine not less than $40, nor more
than 500, to which imprisonment
may be added, not to exceed one year.
If this law were rigidly enforced, fence
cutting would stop in three weeks.
mt it cannot be. Even the gov
erno, IS reward of $50 each has brought
no con victions. The truth is that
under our court and jury system pc
nal statutes are but local option laws,
and are enforced or not, in a given
county, according as public opinion
sustains or rejects the law. So far as
criminal law is concerned. the will of
the people is the law in each section.
Gen. King and others who have noted
the temper of the people in the fence
cutting section of the west, say that
a large majority of the people are in
sympathy with the fence cutters. AS
long as this is so they will not enforce
any law Furnishing them, and the
seyerer the law the less apt they will
be to enforce it. In my opin-
ion the situation indicates that
the large pastures will not be
able to withstand the force
of public disapproyal, and that large
land owners will have to yield some
thing to publicE opinion and be mora
considerable OF the claims OF minor
owners and squatters. When this is
accomplished-wh things have
reached their due proportions consist;
! ent with the settlement, development
and prosperity of the country-publiC
opinion, which in the end is always
lust, viii assert itself in favor of law
and order, and preserve the rights OF
persons and of property from lawles;
aggression. Until this condition is
reached, legislative action will do lit
tie good. But it would be well tt
provide with a penalty against en-
closing the public and the schoo
lands, and the lands of others without
their consent in writing and of record
An opening should be compelled tC
the running streams, at proper dis
tances, by which they could be reached
and the roads should be pro
tected. These measures are just ano
due to the country, and if they can bt
accomplished, will in large measure
remove the grievances OF the people
and turn at least the better clement ol
them to the enforcement of the Law
and the abandonment of destruction
Then fence cutting should be pun
! ished by term of imprisonment il
1 fail. with little heavier fine, but no
be made felony. These measure
would not stop fence cutting, but the,
would check its wiidspirit and tend t
good.
Mr.. Taylor sees the question in tn
light of a double offensiveness, and it j
. | in fhi