Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-01-20

made by the Eausns legislature for tho
protection " tho farmers as against tho
cattle men.
1.-THE state of Kansas has q level sur.
faco aud is perfectly adapted to agricul-
turo, except a. drouths IN tho western
part prevent the production of crops.
over iis ontiN area the grass
grows sbundautly, especially In
the early part Of tho season. aud asa con-
sequence, the State early attracted tho
attention OF cattiemen who drove in large
herds from Toxas and elsewhere tDuIilizu
the ALMOST oxhausiloss feed that carpe.cd
IT, wid spread ptairies, which were then
maiuly government property. IA the
county filled up with homesieadors trou-
blonrose between them and thgcattlemoni
Tor II was impossible Tor tho farmers To
fence their crops. There was no timber,
aud boih lumber and wire were beyond
the limited means Of most Of the immi-
grants. The catticmen were careless,
and allowed their herds TO iramplo down
aud destroy tho growing crops. Thoy
claimed that the farmers should fence
their lands; but the farmers were too poor
to buy fencing material.
Along In the seventies the question OF
"herd law" was extensively discussed,
and the Legislature enacted law which
empowered tho county commissioners,
corresponding TO our solecimcu, 10 mako
such regulations as their respective coun-
tics required relative to the running at
large Of cattle. There were several ways
provided Tor ascorlaining tho will Of the
people ola county, one was by petition
whom two-thirds Of tho voters Of the pre-.
ceding election signed tho peiitionj an.
other by voting on the question directly,
either NJ n general election or ut aspo.
clal election called for tho purpose. Tho
nature OF the Kansas hord law was to del
oga,o legislative power to the county COM
nissioners to make rules FOR their rospcc-
tive counties. Some eountie. adopted aud
enforced tho herd law, others did not;
and in those that did not, the farmers had
to protect their crops with fence that
would fulfil tho requirements OF law.
Where the herd law was adopted no
fencing was required, aud trcspassing
cattle could he taken up and hold for
damages, the farmer lmpounding the eat
tie or horses being required 10 proceed
with his action Al law ORDINANCES within
few days, unless tho mnitor was com.
promised. The hord law, involving tho Inn
por'ant principle Of delegated legislative
powers, wa, contested In the courts, but
fully sustained
"rhere II n great Inference bolwoon tho
topography Of Kansas and that OF Utah,
and tho Same regulations might not DO
equally beneficial. Here ws havo a
vast mountain range wholly unadnplod
to agriculture. There are also desert
wastes Of vast extont. hut, In tho nature
OF thingl, man who Il able 10 run a
herd Of cattle, sheep or horses, ought TO
bo required to prevent their trespasslng
on tho growing crops Of tho farmer, aud
he ought to be- responsible In damages for
any such trospass. Tho principle Of
delegated legislative powers is one OF
great importance Ia local government.
and il could doubtless be applied with
entire safety, proprio,y and great boneiit
In Utah. Respectfully,
CALvIS REAsosER.
SALT LAKE CITY, January 20 lsD2.
Reference 10 the existing law viii
show that the people OF any precinct
may decide whether they desire u
fence law. IL they do they can have
II. But II they do not, the provisions
are not sufficient to protect them
against trcspasiing animals. No such
animals are "estrays" under the law
unless they are running at large with
out brand, or being branded, have
been at large year or more anu the
owners OF which &C. not be found.
Any animals but thesn doing dam
age are not rated ~ estraya, aud the
person whose crops are damaged can.
not proceed except by personally dis.
training the animals and entering u
civil suit, which entails much delay
and expense, and has particular diiil-
cultles for people unacquainted with
legal proceedings.
We have explained these obstacles
In u former article. We hope some of
our friends from the "cow counties"
will take up this matter intelligently,
with a duo regarl for tho rights OF
stock men aud not oblivlous 10 the in-
forests Of the farmers, which are idon.