The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1895-06-21
fhe NniAro0m 0uesticn.

sfAs xalAroom Quuesticn.
sMaskIAxe Express, a paper published
Ia London, England, says: "A rear ago
we called attention to the resolution
passed by the Bristol District Property
society, in favor of making 1t a criminal
offense to trespass Upon land Inc annex
mushrooms. That useful body has again
! been calling attention to the subject at
Its last meeting, and has this time
passed a resolution suggesting that the
matter should be brought before par
lament; Since The grievance was first
placed in a definite form by the Bristol
society, the matter has been discussed
by several of the chambers of agricul-
ture n a number of county coun-
ellis, and in all cases it has been agreed
that the law on the subject. needs very
considerable amendment. AS the law
stands at present a man cannot steal
naturally grown mushrooms. When a
mushroom grows wild it does not, in
the theory of the law, become the prop
erty of any one until it has been re
moved from the land and so appropriate
ed. A farmer may ave hampers of
wild mushrooms removed from his field
by any trespasser who passes, but he
has no remedy which will be effective
in ~ninety-nine cases out of the hundred.
1t is true that the person who appro-
priated the mushrooms is a tr~eSSpaSSer,
and that the aw provides a means Of &C
ton against persons who go ~wrongfully
on to the land Of another. This remedy
is, however, a civil action. The aver
age case of ~trespassis so comparatively
insignificant that it would be almost
impossible for the farmer to prove dam
ages of more than the most nominal
amount. Under such circumstances, to
go to the. civil courts to ask for a in
junction would be like using a steam
hl m NOR tn rrank q u11t If would also
have the further disadvantage of being
an expensive course, and would too fire.
quently result in a verdict against a
trespasser who had nothing to pay
with. The result of all this is that a tres
passer who is in search Of mushrooms
and who knows the law, can with inn
punity fill his basket and know that the
farmer will do nothing more than
threaten-at least, it he is a wise man.
This is clearly a great blot upon our
criminal law, and a defect which ought
to be remedied as soon as possible. The
| proper course is to make mushrooms
property from the legal point of view.
There is a precedent for such a course"
The above is only part of the article
in question. The Farmers Review is
glad to see an advance in this matter,
even in far-off England. 1t is a question
that more intimately concerns us than
might at first appear. 1t shows that the
A~nglO-SaXOnS are aWaking to the real
value OF a great food product. It has
been }amented On the part Of writer's
on the edible fungi that the English
race have from century to century al
lowed the vast supplies Of mushrooms
in the forests to go to waste, while the
continental nations have fully appre-
! ciated and appropriated them. We see
now that the Anglo-Saxons in England
are so far awaking to the possibilities
that they are advocating avs for the
protection of every mans right TO the
mushrooms growing on his own land.
We do not advocate such a law here
simply because the people do not suffi-
GENTLY appreciate this delicious food.
The time, however, is not far distant
when the American people will value
correctly the edible fungi of the forests,
and will need laws relative thereto.
Not only will these natural products
he guarded, but they will be carefully
p~ropagated in the woods. This opens
up a great field. The farmer can grow
his timber and at the same time have
his land producing something Of I'M
mediate value, and something, too, that
does not need the sunlight that is ap-
propriated by the leaves and branches
Nature stands ready to enrich the farm
er when he will educate himself to un.
derstand and appreciate her gifts.