Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1896-06-10

NO FENCE NEEDED
STATE SECRETARY EDGE DEFINES THE LAW.
Secretary Edge Of the State Board
OF Agriculture, has prepared the fol-
lowing exposition of the fence laws:
The fact is that the repeal of the i
laws of 100 and 1884, has
completely reversed things SO far %
outside or road fences are concerned.
Under these acts the owner was re- !
CURED to protect it against stock |
passing along the road. 1t
has become the duty Of the owners
OF live stock Oh public roads to pre-
vent them from tresspassing, and if
trespass takes placs the owner of the
stock is personally responsible to the
owner OF the land for any damages
done to crops or other property. I'm
der the old law the crops had to be
fenced to protect them from stock,
and now the stock must be restrain.
ed and the land owner is not compel
led to maintain fences unless he 80
chooses.
The consideration of the fence
question usually brings up other
questions closly relating to it, and
among them the right of the public
to fruit. grass, &c. The right to this
class of property is clearly vested in
the owner of the land, and the public
have no rights to it whatever. It is
just as much the property CT the land
owner as if it were on the inside of a
good fence, and the public have no
right to in any manner disturb it.
1t trees, grass or other property in
any manner iatsrferes with the pub
lie, the road Supervisors have the
right to remove it, for nothing preiu-
dicial to the public right of unimped-
ed travel can be allowed to remain,
but the only judges of this are the
road commissioners. SO nice is this
distinction that In a case OF record in
court man whose children pass
along on public road on their way
TO school obtained permission of the
road supervisors to cut the grass so
that it might not wet his children's
clothing, but after cutting it he haul
ed the grass home and fed it to his
horse. The owner of the land sdia-
cent to the road brought suit and re-
covered damages to the value of the
grass.
The land upon which public road
is located, is given to the public for
the right of way or passsge over it,
and the public has no right in it. A
man may not stop on the public road
and impede travel, for by SO doing
he interferes with the rights Of the
public. He cannot haul away earth,
sand, stones or other material, for
they are as much the property of the
land owner, subject of course to the
reserved rights of the road supervi-
sors. as similar material within the
fences of the farm. The owner of
the land gave merely the right of
passage over the land, and if for any
cause the road is discontinued the
land reverts to him and again be-
comes portion of his farm.
The right of the supervisors is aut-
ocratic. They may for the purpose
of repairing roads, building bridges,
&c., cut down trees, remove earth or
stone, and the owner of the land has
no redress unless the materials arc
taken off his farm and not within the
limits of the road If taken from his
farm he is Of course entitled to pay
ment, but he cannot prevent their re-
movai if the supervisors see fit to re-
sist.
Under the present condition of our
fence laws the lines which bound the
rights Of public travel are as much
protection to the farm owner and his
stock as the best fence which he can
build, and any live stock passing this
line are trespassers and liable for all
damages done to crops or other farm
property.
In q recent address before the
State Board of Agriculture, Mr..
Stranahan clearly intimated that no
matter how the animals got upon the
the public road their owner was re-
sponsib!e, and that if they broke out
and got into the road the owner was
just as much responsible, and that if
they broke cut and got into the road
the owner was just as much response
bic. as if he were driving them along
the road at the time the damage was
inflicted.
In referring to the repeal of these
laws, MIR. Stranahan spoke as follows:
"These judges have held that we
have no fence law as to the enclosure
Of mans land, and that every man
has to fence his own cattle, and if he
does not, and they get out and do
damage to his neighber, he must re-