The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-11
THE FENCE ELECTION FINAL.
NO LAW FOR AN ELECTION TO RE-
VERSE THE RECENT DECISION.

The Law Only Provides for Elections
Where Fence Exists and Makes no
Provisions Off Elections in Conn
ties Which Have Decided for no
Fence-COI. Garrard and Judge
FerriII state the Law on the sub
ject and show Why the Fight BE-
ing Made by the Fence People Is a
Hopeless One.
The fence people who have been agitat-
ing the subject Of a reversal of the re-
suit in the recent fence election by holding
district elections are laboring under a mis-
taken idea Investigation has shown that
there can be no reversal. When a county
goes mo fence" the decision is final.
The law as it stands on the statute
books prescribes what details are neces-
sary for bringing about a fence election,
and how the result shall be proclaimed. 1t
reads that these provisions are made for
elections for obtaining the benefits" Of
the no fence law, and if the election fails
to result in obtaining those benefits an
other election can be held within a year,
but not sooner. There is no provision for
doing away with these benefits after they
have once been secured. This will be news
TO a good many Of the no fence people as
the general opinion has been that in any
case the law was subject to reversal with
in year from the election.
The fence people have been made aware
of this inequality in the law, as they no
doubt consider it, and are feeling very
sore about it. A Morning News reporter
saw Col. William Garrard who has looked
carefully into the law governing elections.
THE result is final beyond the shadow
of a doubt" said Col. Garrard. There
is no provision in the law for the reversal
of the decision when the question has
been decided in favor Of no fence. If you
viii turn TO the acts of 1883. page 49, 80, and
81, you will find stated there certain terms
and conditions which must be compiled
with before an election can be held. If
the election is decided in favor of no
fence, certain forms are specified which
must be complied with in promulgating the
result, If the election is not carried in
favor of no fence this simply means that
the law remains unchanged. and the ques-
tiOn is subject to further elections though
elections cannot be held at a less time
apart than one year. There is absolutely
no provision for calling an election in case
the benefits Of no fence are obtained"
Have the fence peope no recourse
them"
None whatever, unless they can Sc
cure the passage of a general law on the
subject by the legislature. and they cannot
90 that because they have tried it before
and failed. There are too many counties
enjoying the benefits of the no fence law
to admit Of the passage of a law which
would throw the subject open to conten-
ton with the possibility of the farmers
IN the no fence counties being compelled
to rebuild their fences"
The ordinary takes the same view of the
matter as that outlined by Col. Garrard.
Yes" said Judge Ferriu. replying to
an inquiry that is not news to me. In
fact l had it in my mind when l made my
former decision, but not wishing to go
so far just now, l made the decision on
another point. The law is specific, to my
mind, that if the other side wishes TO
take up the matter again. the legislature
viii have to pass a law under which
they can act. AS it is now, they are
barred from further proceeding, for the
law points out how something may be
accomplishment it don't provide for I'M
doing that very thing. The law is in
force now, or will be in January, and !
cannot see how It can be undone"