The Middleburgh post. [volume] (Middleburgh, Snyder Co., Pa.) 1883-1916, 1889-06-13
The Fence Question.

Ed PosT. question about
the repeal of the fence law of 100
has been discussed for and against
by most every person. Let us con-
slider the merits of pasturing cattle
and hogs on the highway. In fact
there are no merits at all. After |
cattle have cropped everything with
in their reach, they begin to work
mt the fences And as n conse-
quence they often get worried and
abused only for the sake of finding
little grass on the sides of the
road. Now, if their owners would
go to little trouble and plant or
SOW soiling crop, they could OBJ
tain more milk, less worry and a
heap of ill-feeling from the land
owner. The rich and middle-class
pasture more on the highways than
the poor class. It takes farmer
that has more patience than job had
to see drove of big hogs or lot OF
cattle come along and destroy his
summer crops. The writer has had
that experience for number OF
years. Would it be saying too much
that it is only the shiftless who are
pasturing the highways. Don't
think it would? 1t would pay the
man who has only one COW i'll the
saving of all the droppings and ma
nure that would be made in sum
mer. 90per cent. of those who pas
ture on the road have some land,
but they don't care if school keeps
or not-might call them public
charges-not poor men. Instead of
trying their hand at some new in
dustry or do better farming they
are loating on some corner or store
and are discussing hard times. Who
pays the taxes or what per cent.
does the poor man pay OF our local
taxes ! A few days mt dollar day
will pay his tax, even at 10 cents n
day he has more than the farmer.
The farmer barely makes two ends
meet and must pay the bulk of all
the taxes. The writer knows of
farmers whose farms are overrun
with briers and brush who have
land enough to pasture their cattle,
who count their riches by the ten
thousands and who would take Il
penny from dead mans eye and
kick him because it was nota dollar.
Now let us consider it i'll Il legal
point of view and you will find that
cattle and hogs are trespassers on
the highway.
Along the public road you will
find chestnut, walnut and other
timber. Ii it belongs to the public,
cut them down, and see where you
land, or dig and quarry the lime stone
and the man that does such an act
is n trespasser.
The road-master has no right even
to remove the gravel from any par
ticular road onto another. Neither
has the public the right of pasturage
upon the highway. No municipality,
or State has power to give right to
any individual to use the landappro-
priated rs II highway. The pastur-
age which grows along the wayside
of public road is in no sense Il ne
cessity to the public, and there is
nothing in the character of Il public
highway which makes it common or
gives the public right to it. A
strong case to this point is chat of
Cole vs.. Drew, i4 VT, 40. Drew's 5
children in passing over the public
road to school were discommoded
and inconvcnienced by the grass
making their clothing wet. He APP
piled to the supervisor for permis-
sion to cut the grass, which permis-
sion was granted him, and he cut
the grass and fed it to his horses.
Cole, proprietor adjoining the
road brought suit for the value OF
the grass cut and removed, and re-
covered judgement in the court be-
low. The Supreme court on appeal
affirmed the Judgment and held that
- the owner of the soil over which a
highway is located is entitled to the
enablements growing thereon, and
the entire use of the land, except
the right which the public have to
!, the use of land and material there
: on to repair and build the road. The
better plan would be for all concern
ed to take care of their own cattle
and hogs. The time will surely
come when no cattle or hogs will b'
- found on our highways. This is
only fore-runner of what will come
sooner or later. If you wish to tesi
. the matter go along the roads ano
: cut down the trees and dig away tn,
T. ground and see where you land Will
Is I'll Xo,,r fence law