The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-02-11
A BILL CRITICISED.
A Measure in the Interests of
Stock Men Examined.
To the Editor OF THE HERALD.


There is now pending in the Legisla,
ture bill, the aim of whicn-the detec-
ton of horse and cattle thieves-is q
very good one, as all but that class
must admit. And yet if the bill shall
become a law. at least in its present
form, am compelled to believe that a
thousand times more harm than good
Will come OF it.
Section 1 aims to prevent damage to
and trespass upon the lands and prop
erty of settlers by transient droves of
stock Barring some crudities of con-
struction, this section is not particular
ly Objectionable. On the contrary it is
probably necessary and appropriate
remedy for real evil.
Section ? reads as follows:
"SEc. 2.-When the stock of any per-
son shall be driven off its range within
Utah, against his will, by the drivers of
any drove, and tie same shall be found
among such drove, every person en-
gagged as drover shall be liable to in
diciment for larceny, and may be find
i'll any sum not exceeding 81 900, and
shall be liable for damages to the party
injured, to the amount of two hundred
dollars for each head so driven off, TO-
gether with all costs accruing in the
trial of said cause and said herd or
stock shall be held liable for the same,
or a sufficient number to cover all dam
ages and costs"
This section contemplateS two actions:
criminal one in which the people are
plaintiff, and which ends in a criminal
conviction and the timing of the defend
ant; and civil one in which the owner
of the stock driven off its range. is
plaintiff, and sues for damages. Said
herd or stock" is made liable for all
costs accruingin the trial of said cause"
What cause? The civil or the criminal
one? Said herd or stock"-what herd
and what stOck7 Is it the intention to
make the stock unlawfully driven off
its range liable for the costs of some
trial? A careful scrutiny of this sec.
ton makes it doubtful whether or not
said herd or stock" is not also to be
held for the payment of the fine. The
construction Of the section is very bung-
ling, and it is difficult to tell what is
meant, especially by the language OF
the latter part of it. 1t does not State
whether the larceny contemplated in it
IS grand or petit, and Is remarkable in
that 1t provides for a very heavy fine
but no imprisonment
Section makes liable to Indictment
for larceny-whether grand or petit is
not stated-any person in charge of a
drove who fails to immediat ely separate
from it all stock in it which does not
belong in it. The delinquent is also
liable to fine of $1,000. This is a
pretty severe remedy, but it is aimed at
an abominable evil, and ought not TO be
objected to.
Section makes it unlawful to use
brand; j.e., a straight iron rod,
heated, with which the brand is made
IS letters are with pencil.
Passing by sections ard 6 for the
present, come to section Z, which re
luireS every butcher to keep at his
place of Strengthening for at least seven
lays, the hide of every beef killed, said
aide to be open to the inspection of the
public. 1t also provides that all per
IONS other than butchers, who occasion |
lily slaughter neat cattle for beef, either |
or home consumption or for other pur- |
poses, shall keep the hide or hides of |
Iuch animals for period of twenty |
lays, subject to inspection by any rer-
ion or persons, and shall exhibit the |
hide or hides of such beef at the time /
md place the beef is offered for SALE"
Section makes it unlawful for any |
person other than the owner, unless I
July authorized, to remove the skins !
rom the carcass of any neat cattle or !
iheep found dead.
Section empowers county courts to
employ detectives to catch violators of
his proposed law, and to offer rewards /
or the conviction of persons who NAV |
Freak it. Why not empower the coun-
y courts to employ detectives to ferret |
tut other kinds of criminals, such as
'arglars, forgers, etc.2 This section is
'pen to the usual objections against
pecial legislation. The stock owner
las no more right to ask that the public |
reasury be put to extra expense in or
Ter to catch the thief who steals his
than has the banker, the mer.
liant or any other citizen.
The ground covered by section 10 is
much better covered by the section of
he present penal code which defines
md Furnishes grand larceny.
Section IL makes it felony to mis-
'rand, or deface or obliterate the brand
N an animal with an intent to defraud.
The delinquent may be fined $500 and
Imprisoned five years. The offense
'ught to be punished severely.
Section Is Furnishes by fine of 500
ny person who shall, wiIlfully or
trough neglect, drive from its range
ny neat cattle.
Section IA prescribes the description
# stock which shall be sufficient in an
Indictment under this act, and section
8 forbids the shipping in the night
lme by rail of stock without the leav-
ng of certificate in the shipping of
zee, signed by reputable citizens of the
recinct, giving the number and de-
cription of the animals shipped.
Section 16 makes it felony to do any
ct forbidden by this bill. or to omit to
erform any act required by it.
1 now go back to sections and 6.
Inder section it is unlawful ''to sell
ny neat cattle, horse, mare, or gelding,
oat, sheep, mule or ass, without re-
Giving bill of sale therefor The
ill of sale must state every mark and
rand, If any. upon The animal. 1t is
lso unlawful to purchase any animal
AIMED without receiving bill of sale
therefore,.
Section 6 makes it unlawful to pur-
base or to kill any head of neat cattle
ntil tho &c |