Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1884-01-10

lite school funds, rs we'll MS a con.
sequent reduction of the taxes for
general purposes. This and other
grave matters hereinafter noticed,
were tho controlling causes for the
special session of the Eighteenth
Legislature.
FENCE CUTTING.
The first subject to which l in.
vite your attention is tho fence
troubles. There may have been,
and doubtless were, causes of com,
plant, in some instances, against
the action of large pasture men
but they amounted to nothing but
excuses. On the other hand pas
ture men found excuses for acts
neither justified or excused by
law. Indeed, they were simply
excuses on either side. As for
Qualifications. there were none.
If the law-abidlng people had
acted promptly, at the beginning
of these troubles, the law would
have proven ample. As the good
people stood back, the lawless ad-
vanced, until the small penalty af,
fixed to the offense of fence cut
ting is inadequate to stop the evil.
If the law had been put in motion
the entire able-bodied force of the
State would have been invoked, if
necessary, to execute it.
There is not, and has not been,
necessary means placed at the dis
position of the Executive to meet
extraordinary emergencies. He
cannot employ detectives; for he
neither has the lawful authority,
nor the money to pay such force.
He cannot call into active military
service a single man, except in
case of rebellion, Instruction or
invasion and even in such emer.
gencies no has not, at his disposal,
the money to feed, move or equip
a military force. If he should de-
clare fence cutters outlaws, as has
been suggested by a learned dis
trict judge, the country would still
be in ignorance as to who were
the outlaws. Besides, such proc
lamation would not make any man
an outlaw, and would violate Sec.
80, Art, !, Qf the Constitution,
Rewards have been offered in
all cases, of course, bearing some
proportion to the punishment af-
fixed by law to the offense.
There are no effective laws in
republican governments withapt
moral forces to back them. 1t is
an erroneous idoa that the man
whose fence has not been cut has
no interest in the contest between
his neighbor, whose fence has
been cut, and the person who cut
it. There is not and cannot be a
violation of the laws, and indi!iVsii33 I'D
ual rights, without effecting each
and every individual and the
whole body pQlitic. It is only a
question of time when the lawless
disease will effect the whole. A
man who can educate himself to
the idea that it is not wrong to
cut and destroy the fence of an
other, will soon reach the point in
his vicious schooling that will
make him believe the corn crib,
the barn, the factory, the dwelling,
the bank, the law office, printing
Office, and in fact, all the material
wealth of the country, to which he
is inimical, must also go. There
is not q single grievance, real or
supposed, for which there is not
peaceful remedy. If men en-
close public lands without paying
for them, they can and should be
punished under the law. If men
enclose public highways, tho
law praEides penalties therefor.
If o small farmer or ranchman has
been enclosed by another, the law
affords ample relief. Iflarge ter
ritories are enclosed and the pub
lie inconvenience thereby, the
commissioners court can open
roads: # tho laws in any event
are not ample, the people must
seek relief at the hands of the
Legislature.
When we become members of
society, we expressly agree to
yield some of our national rights
for the good of all, and there Is
nothing that can justify us in de-
parting from the peaceful methods
to secure relief except it be immi-
nent and pressing danger to us, or
those dependent upon us, that will
not admit of delay
Ifapahlio highway was enclos-
ed, any citizen could move the OBJ
struction; and, in such case, he
need not seek cover of night to do
it. If on tomorrow morning we
&C to the Avenue of this city and
find a long line of fence crossing
it, any one Is Justified In tearing it
down to the extreme edges of the
street; but when he goes one foot
beyond the highway, he himself
becomes a trespasser and may be
e.. a. 80