The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1900-07-06
A LEGAL FENCE.
Attorney General Nolan Gives Hts OpiM-
ION i'm the Matter.

Attorney General Nolan Gives Hts Opin-
ION i'm the Matter.
Attorney General Nolan, replying to
an inquiry from A. A. Hayden, of Lake
view, Montana, as to what constitutes
legal fence. says:
Your favor of the Oath is at hand, and
in reply will say you had better consult
a lawyer. The law imposes the duty
upon this Office to advise state officials,
ana it is not intended that the general
public should ask for information as to
matters affecting public rights. 1t is
needless to say that if such were the law
an Office force should be furnished so
that applications from 100000 different
people, approximately the population of
the state, could be promptly attended to.
| am not disposed in this instance to ig-
more your request for information and
will answer as briefly as possible the
| questions you PROFOUND.
1.-The law does not authorize ono man
in the enjoyment of his property to in
jure another mans property, and if waste
water is permitted to accumulate upon
| another mans ranch to it's impairment,
such other party is entitled to collect
damages for such injury as may be occa-
stoned.
ut matters little whether scarcity of
water occurs or not. If an appropriation
of water is made right is vested to en-
JOY it's use, and this right exists regard
less of whether there is a fullness or
scarcity in the supply.
Section 1850 of the Political Code
provides as follows: The following are
legal fences, and must not be less than
four and one-half feet in height:
| "1. All fences constructed of at least
one strong pole, rail or board, and three
of either barbed wires or strong poles,
rails or boards, or both, so that there be
three altogether Hereunder, which lower
three, whether all barbcd wires or poles
rails or boards, and barbed wires, may
be arranged at the pleasure of the build
er; but all must he firmly fastened as
nearly equidistant us possible to sub
stantial posts firmly set in the ground
not more than 20 feet apart; or set tc
well supported substantial leaning posts
not more than 20 feet apart. But the
lower pole, rail, board or barbcd wire
must not be more than one foot and q
half above the ground.
"2. All fences constructed of at least
four barbed wires, the lowest of which
must not be more than one foot and {;
half above the ground, securely fastened
as nearly equidistant as possible to sub
stantial posts firmly set in the ground, al
a distance not exceeding 80 feet apart
with pickets at least five feet in length
interviewer in or fastened to said wires
between each two of said posts in sucf
manner that there must not be moro
than five feet between such pckets ol
posts and pickets.
"'3. All substantial worm fences anc
stone walls.
"'4. All rivers, hedges, mountain
ridges and bluffs, or other barriers owe
or through which it is impossible fo
stock to pass. But none of tho fences
hereinbefore described are legal fo
stock yards, or places where either grain
hay or straw is kept, but such place mus
be enclosed in fence at least six fee
high, constructed of one strong pole
board or rail, with at least five stron,
rails, poles, boards or barbcd wires there
under, securely fastened, as nearly equi
distant apart as possible, to substantial
posts, firmly set in the ground, not NOR
than IA feet apart.
as. That all fences constructed of a
least four barbed or other wires the low
est of which must not be more than on
foot and a half above the ground, secure
ly fastened as nearly equidistant as pos
sible to substantial posts, firmly set il
the ground at "A distance not to cxceet
20 feet apart. There shall be tags o
zinc, tin or sheet iron, not less than thre
inches square fastened to the top wir
not to exceed five feet apart
Section 325l provides as follows: An,
person constructing or maintaining an.
fence of any kind not described in tn
next preceding section, is liable in civi
action for all damages caused by reasol
of injury to stock resulting from sucl
defective fence
IF a county road is regularly and le
gally laid out there is no right in an,
person to obstruct the same by gates o
other obstacles"
HALF BREED AN INDIAN.
1t Is So Held In Decision by Judg
Knowles.