Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-05-13
MR.. HILGER REPLIES.
GarneiIl Correspondents Item on the
Trespass Law Brings an Answer.


To the Editor of the Argus.
| notice in the Garneill items of
your paper of May 9Th, reference to
the trespass law, which had the hon
or of introducing in the house, and
which Is now a law. 1t appears that
the writer of the article, in a sarcas-
tic manner, made reference to the OPP
Grafton of the act in the vicinity OF
Garneill without, however, giving any
facts in the cas
Ordinarily | should pay no atten-
ton to an anonymous correspondence
of this kind, however, as a matter OF
general information in which the peo-
pie and stock growers at large are
interested, | make the following state
ment:
The trespass law as it now stands
upon the statute books was urged and
asked for by some of the largest and
most representative wool growers in
Fergus county, as well as others in
different parts of the state, and when
| say this | speak ~advisedly, for the
reason that they constitute some OF
the heaviest tax payers on sheep and
ranch property in the state of Mon
tana. | have many letters on file from
wool growers in this county, highly
endorsing the bill, which | will say
was passed through both branches of
the legislative body upon its merits
and after a most thorough discussion.
Primarily, the law was intened to
prevent floating bands of shep, like
those driven from Wyoming and the
southern portion of Montana into the
easterly portion of Fergus county last
S and which were owned by On
resident taxpayers and were in charge
of men that had no principle nor re-
spect for the property rights OF 9TH
ers. It is certainly apparent now TO
every intelligent man, that the day OF
the open range is a thing of the past;
that the rapid settlement of this coun-
try. as well as every portion OF the
state. is a repetition OF the old story
of the west, which has changed a
grazing section into that OF homes for
settlers of small means, farmers with
their families; and, where years ago
an undisputed range extended over
nearly all of this country, we are to-
day confronted with barb-wire fences
and lanes.
The operation of the act provided
that title land, or under process OF
title. by any valid claim land when
say valid" I mean one that has fully
and completely complied with all re-
ouirements of the land laws of the
United States), or under lease OF the
state Of Montana, whether fenced or
not, is subject to trespass by nv
stock held in herd.
Il will perhaps be interesting for
your Garneill correspondent to know
that the supreme court of the state OF
Montana has held exactly what this
bill covers, and that lands as herein
described, whether fenced or not, Is
property that live stock held in herd,
cannot be grazed upon, and trespass-
ers under a civil action could be held
liable therefor. (See Montana Re
ports No. "a, r. 316, Monroe, respond
emit, VS.. Cannon.)
The trespass law, which | introduc-
ed. overs the identical lines OF the
supreme court decision. only that 1t
makes a criminal action instead OF a
civil action. And also, that the party
who herds the sheep or other STOCK
in herd upon lands Of others, is liable
as well as the owner OF the stock.
This is not a question Of legislatlng
sheep "off of the earth" a very unfair
and unreasonable assertion, but 1t
is a question of right as between mar
and man, and 1t must be admitted
that at this time the settlers OF Mon
tana are entitled to more considera-
ton who propose to secure title to
lands for agricultural purposes. thai
they have been In the past.
II is apparent to any casual oDserV.
err that no law a be enacted u
what will work an injury upon some
one. This can be said of the enforce
ment of the gambling or any other
act intended to protect the property
and rights of any individual, or the
morality and safety of any commun-
ity. Under a reasonable operation Oh
conducting the sheep business in the
state of Montana, | believe that the
owners of real estate will be fair as
regards the movement of sheep to
market or to their accustomed ranges
will certainly ask owners OF real es'
tate to not give too exacting a con
struction under a reasonable inter.
pretation of the law. The purpose OF
the act is to prevent a sheep ioater
from herding his sheep upon the prop
erty of others, and, on the whole, 1t is
my candid opinion that 80 per cen oil
the wool growers of Montana will en-
dorse the bill. and IL is needless to
add that it meets with the hearty ap'
prevail of all ranchmen. IL will inlure
no one who wants to do the right
thing. Respectfully submitted.
DAVID HILGER.
Inuistnwn MINT Anril z 1903.