The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-01-19
THE QUESTION OF EsTRAYs.

THE QUESTION OF EsTRAYs.
At nearly every session of the legis-
lature there is some tinkering and pot
tering over the question of trespass
and damage by estray animals A
satisfactory impounding law has never
yet been enacted in this territory.
That which suits the general public
does not suit the majority of stock
men, and provisions that satisfy the
latter are not sufficiently preservative
Of the rights of others.
The bill now before the live stock
committee of the House is defective
chiefly in these respects: 1t requires
the owner or occupant of property on
which damage is done by estray ami
mails to keep them in a secure place
for twenty-four hours after damage is
done. That might be well enough in
the case of one or two or half a dozen
estray creatures, but in some places
the number is so great that people
having ordinary corrals or sheds could
not possibly take care of them.
It would be better perhaps to per
NIT the occupant of places thus dam
aged tn restrain the animals for
twenty-four hours. but also to author
ize their immediate impounding at his
option. Then, in case of his knowing
or being able at once to discover the
owner, he could save unnecessary ex-
pense and avoid in-feeling by notify
ing the owner. and having the assess
ment of damages made provided by
law. And in other cases he could be
relieved of the trouble and annoyance
by driving the animals at once to the
estray pound
1t is not right to require the person
suffering damage from estrays, as in
the johnson bill now pending, to go to
the trouble of searching the territorial
brand sheets and examining the ami
mails 10 ind their brands and identify
the owners of the animals. That ought
to be done by the poundkeeper and at
the expense of the owner of the es-
trays.
The person damaged ought to secure
fair compensation for the time and
trouble consequent upon taking care
of estray stock. driving them to the
pound or procuring an appraiser. or
any other incidental damage accruing
from the trespass upon his property.
There is no provision for that or any
other expense except the bare damages
as assessed by the appraiser and the
fees and mileage of the latter.
In the settled portions of the terri
tory it would be proper to compel the
owners of stock to take care of their
animals and prevent their doing dam
age; to require them to fence in, in
stead of making other folks fence out
the animals. On the public range it is
another matter. But in or near settle
ments, stock ought not to be allowed
to run at large. Where proper res
trictions have been established by law
the change for the better has been
marked. There has been protection
from damage for the farmer and
gardener, and the stock owner has
been stimulated to improve his breeds.
instead of raising the scrub kinds that
are promoted by the loose policy of
running at large
If there are to be changes in the
estray law, and no doubt some are
needed, let care be taken to have them
instituted in the public interest and |
not merely for one class. All sides of
this question should be investigated
and if the present legislature can
evolve out of the past chaos of provi-
5ions something satisfactory to the
majority of the public it will accomn-
lsh something in advance of the sue
cess of its predecessors.