The Globe-republican., 1901-10-31
Rights OF CattIemen Defined
Snnreme Court.
by

RENE court in the suit of T. Ad-
dington and other cattlemen TO re
strain J. III. Garfield and other .
tanners from interfering with the
running at large of live stock in the
free range country in Day, Dewey
and Custer counties has been written
and fled in the clerks office by Chief
Justice John H. Buford-
Upon the petition of the cattlemen,
the probate judge of Custer county
granted a restraining order against
members of the Farmers Prohibitive
association in the three counties
named, forbidding them 10 modest in
any manner the live stock of the
plaintiffs, even though the latter
should drive their cattle and horses
@. +. Irwin, in the district court of
Custcr county, dissolved the injune-
ton and the cattlemen appealed to
the Supreme court, which sustained
Judge Irwin. The opinion of the
court is of great Importance in western
Oklahoma as it defines for the first
time the rights of both the cattlemen
and the farmers, who are commonly
called @vesters." The opinion says
in substance that farmers have the
right to protect their property against
trespasing animals. The syllabus
reads as follows:
''In case of an or ganic inhibition
against the enactment of local law,
where general law can be made ap-
plicable, the Legislature has the
power to determine whether or not
general law is applicable, and the
conrts Will not inquire whether such
power has been rightfully exercised,
but will uphold local laws enacted in
such cases.
'sThe Legislature has the power to
: provide for restraining stock from
running at large in any portion of
Oklahoma and permitting it to run at
large in other portions. The provision
of article 2, chapter 2, statutes OF
1898, entitled, AN act to regulate and
restrain the running at large of
domestic animals and to provide for
fencing them, as amended by the act
approved March 10, 1899, session
laws of 1899, pages So and SO, are
valid and not in conflict with any
constitutional or organic restrictions.
s'Stock is permitted to run at large
only in the free range portion of the
territory in those congressional town
ships and at such periods as all and
the whole of the public school, college,
public building and indemnity laws
of each township are held under lease
as provided by law.
GA petition which has for it's pur-
pose the obtaining of an in njunction to
restrain persons from interfering with
stock running at largo in the free
range portions of the territory, which
fails to aver that all the public school,
college, public building and indemn-
ity lands are leased by the school land
board in the congressional township
where it is sought to have such in
junction operate, is fatally defective
and it is not error to sustain q de
murrer to such petition.
ga temporary restraining order
which is SO broad in its terms as to
prohibit u landowner from driving
trespassing stock off his own premises
or from protecting his growing crops
against trespassing animals is un-
authorized and should be dissolved
on motion.
''The law permitting stock to run
at large in the free range territory
does not authorize persons in charge
Of stock to wilfully drive such stock
upon the lands of another, nor to herd
or hold stock upon the growing crops
where such acts are wilfully done,
the persons committing such acts viii
be liable in damages for any injury
caused thereby
ssOwners or occupants of land
under the homestead laws of the
United States have the right to pro-
tect their lands and crops from the
ravages of trespassing animals. and
may lawfully guard their premises