The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-02-14
FENCE-CUTrlNG.
Fall Ts1t OF the Famous fescs-Cuttias
nh,
The ssbjss, Of No nseh Legislative
Trlbulaiisn.
lie Frsvissts asd Its Penalties

Tray Tor aud KlsbeTg, OF The senate, Brown
INF. M Kinney aud Taylor, Of the house.
KlrbsIg and Browning strongly dissehllns,
Foe vote Ia tho house Is not received III
ID. senate II stood;
Yeas-Buohsnsp, Cooper, Fowler, Ge'L'
snannrr, Ginbs, Gnoeh, Harris, islnh'
Pfru1.r, Rudolph. Shannon Terrell Tray
10 Ia, ,,-, H.
ion, Juhuron, ~ Shelby, klebeis, haT1lh'
Mal!oek, Peacock, Pope, eHaIIoL-ll'
TuE BILL,
SroTIoK l-Bs u enacted by the leglsia'
,uTe %, the stole OF Texas that " rry Ter
BON or corporation shall E~n~inr,g InaAy
or permit 10 remain Hnding ahs fhoe gu
or around The land at another or tue puoho,
pubic school, university or asylum Iahns
III this state, without tina wfi..en consent
Of h- owner thereof duly acknosle SEQ, OF
A du executed lease OF such land from
he proper authority in case oi public, fuo'
tic school, university or asylum lands, as
the case may be. duly fecori,t "a the
county where the land lies or to when u is
attached Tor judicial purposes. he shall De
deemed euiiIy OF a m,siemranor, ana
upnp conviction therefor fined IN any sum
nol les, thsn fifty cents nor moe Than Que
dollar per acre per month tor each moh,h
90 iLcicsrd or iei csd, snd impEs
oned In the county Jail TO-
suy period not over two years.
Within the meaning Of "psrstn" as used
Ia this act 10 included every man mAnasing
or controlling for corporation, hrm or
Joint stock company, aad any aud every
individual or person wnD shall aid, ASS
or dir, CT 10 the violation OF this act. Halt
Of all fines collected under the provisions
OF this sct snall be paid TO the person or
persons Informing on the person or corpo
ration who shalt unirwiuily enclose anV
land, provided that each thr . month. tsiu
land ~ 30 enclosed shat. O institute sepa-
rate urensc. A fence, within The meaning
OF this act, 10 any enclosure OF wood. vlre
or both, or any other material intended 10
preyepi the passage Of ostlle, horses, mules,
asses, she D, goats or hogs. Where persons
or corporations hsvs uDlswuiy ieuced
land belou cling tu tho sta or puo lc school,
university or asy jum lands, IL she'll be the
duty OF the attorney-eeneral, elmer III
person or by proxy, To institute pro-
ce.dings in the Deme OF the staie agains'
any person or corporation so un'awiuiIy
enclosing sad lands, and the expenses In
currea In empleying counsel to prosecute
sue cases shall be deducted from the line
or fines collected from any person or cor
porstion violating the provisions OF this
act, the balance to be paid TO the fund to
which 1t belong.
Bee 2. All persons or corporations who
have a ready fenced lands within the pro
hibition Of This cot shall have six months
from and after the time that this act goes
Into fleet to conform to the PROVISIONS
thereof; provided that the provisions Of
this act shall not apply to any pe son OF
corporation who has heretofore or may
h.resf er, in good faith, fenced lard moi
their own.
SEQ. 8. In all prosecutions under tbi,
act, the provisions OF articles 639 ana 700 OIL
Tho penal code Of the state OF the state OIL
Texas shall apply.
Sec. 4--rhis act shall not apply to per.
Sous who have here, oiore settled upon lauds
no, their own. where the enclosure is two
hundred scres or less, and where the prin.
Of pal pursuit OF such person upon the land
is that of agriculture.
Sec. 5--f6st Guy person who owps o.
controlt land surrounding land VI another
may ienoe his own land bv fencing the in
ner boundaries OF his snrv-y and lesving
way lane 8 Xty iest vide (unobstrucied oy
gates or otherwise) TO the outer boundaries
OF tie surroudipg land, at such piaco o.
dem and, and providing two gates at sucl
places on the inner and outer fences as the
owner OF the inner survey shall demand,
and they shall be kept in condition con-
yenieut for opening and closing by the
owner of the fence. Or il no demand is
made the opening and gates shall b.
at such place as the owner OF the outer sur
vey may select. When the way or lane
and gates are once located, they shall not
be changed except by consent ofthe owners
of both the inner aud ont snrve's.
Sec Cit shall be unlawful for any per.
son, fl m or corporation 10 herd. or sid In
heTding, or cause TO bs herded, loose
herded or detained for grazing by line ri
ding, any cattle, horses, mules, asses. sneep
or goats, on any vacant public dom ALL
school, university or asylum lands Within
this state, unless the same shall have eeef
leased from thu proper authority; provided
hat this section of this act shall not apply
to pers )ns herding such stock in Ratherlpf
tor or carrying to and from market. or IL
moving the same from one section OF couA
Try to another.
Sec. Amy person who shall knowingly
violale any Ut the provisions in section 6 o
this act shall be guilty. OF IL misdemean0r
aud upon conviction shall be fined 500 FOL
each year or part q year, for each sectioI
or part of section (neaning $40 acres o
land or less, whether surveyed In faction o.
nor) which shall be used contrary 10 thu
provisions of this act.
Sec. S.-The owner of the cattle, horses Of
sheep sasll be liable to the state in the sun
of 500 tor each year or part OF year fo
64O scees of land, or tract OF less siz', tina
may bs used contrary to the provisions o
this sct, which may be recovered In civil
aciion without affecting the criminal prose
cutiOns pr, s,ribed therein.
Sec. 9.-Where such Unbiased land, not
herded upon contrary to the provisions O.
III 8 act, belongs to the unappropriated pub
lie domain, .publio school, university OF
asylum lands, it shall be bar to the civil
and criminal prosecu ion heIen before pro
vded for Tor any violation prior to Janu
airy l, 1885, If the violstor of this act, or thu
owner of the Gait e, horses or sheep, prior
to the first day of September, 1884, pay
into the state treasury thirty.two dollar,
for each section of SIX hundred aud forty
acres Tor tract of less s,zs) used contrary t.
this act fer the benefit Of the fund 10 which
the land belongs.
SEQ. 10 -Tha. all laws and parts of law:
in conflict herewith be and the same are
here by repea ed.
Senators Gsoch and Traylor, in signing
the report in favor OF the bill, say:
We have grave doubts a. to the constltu
tiopaliiy OF sections l and 8 of this act, bu'
We defer to the views of the members Of the
house committee, and We IRE more con-
strained to do 80 to secure the passage u
other important aud needed legislation
We Join in the report.
[SignedJ JOHN You've GoocH,
JOHN II. TRAYLnR
OF the &c rate Q N nj tee.
respectfully dissent from the jointly
r. port because the secti>n in the bill rec
ON N ended, providing for private roaat
Gear of oustructions in addition 70 Other
pa sways ACROSS the land OF the person in
clos ng land of another, is in open violation
of the institution, destructive Of property
rights, and is class legislation.
TS;gneC1 KLTBrRa.
1 beg leave to dissent from the oli,non o
the msjori,y of the committee Ia the'i
action in adopting that part of the senate
am endment prov ding tor penalty fol
herding upon the pnbic school, UNIVERSITY