The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1906-06-01
THH NEW STOCK LAW
A Measure Now in Effect i'm
Whitman County.
lave stock Prohibited from Run
ming at Large Where Land is
Three-fOurths Fenced

! The Gazette has been asked to publish
the new stock law passed by the last leg
lslature and to state whether or no ii il
| now operative in Whitman county. The
| records show that on June 8, 1905, the
| board OF county commissioners, having
| determined by an examination of the
| records IN the assessors office that three.
| tourths OF the land in the county adapt
| ed 20 agriculture and grazing was under
| fence, entered an order declaring the law
IN force in the county and published a
| notice TO that effect.
Later case under the law came I'D in
| the justice court at Pennington, in the
trial OF which the legality of the action
Of the commissioners was questioned.
The case was settled to the satisfaction
OF the parties interested and the question
OF legality was not finally determined.
L. j. Nelty, clerk of the commissioners
court, states that 80 far as the county is
concerned the law is in full force and
effect.
When the assessor, at the conclusion
OF the assessment, as by law required,
files with the board certified copy Of
the list OF fenced and unfenced lands in
the county, further action will be taken
by the board.
The Law In Full.
The law, being chapter 81 of the ses-
sion laws Of 1905, approved March 3, il
as follows:
Section L. 1t shall be unlawful for
any kind or character of live stock to
run at large in any county in this state
in which three-fOurths of the lands, out
side Of the Incorporated cities and towns,
are under fence, or any portion OF such
county three fOurths Of which portion is
under fence, when such portion is separ-
ated from the balance of said county by
any natural barrier such as a river, range
of hills or other sufficient barrier: Pro
vided, That where more than One-fOurth
OF any district is used for grazing Of
cattle or horses on the public domain or
on unfenced lands, such district shall be
excluded from the operation OF this act,
notwithstanding the fact that said cOun-
ty may come within its provisions, and
the county commissioners shall desig-
nate such townships or parts of town
ships which shall be excluded from the
provisions Of this act: Provided further.
That an area or district of less than one
township shall not be considered for this
purpose.
Sec. 2. 1t shall be the duty of the
board of county commissioners of the
respective counties Of this state when ten
or more freehOlders shall make apDlica-
ton for the enforcement of this act to at
once determine whether or not three
fourths of the lands, outside of the in
cOrpOrated cities and towns, in such
county is under fence, or whether three
fOurths Of any portion Of any county
49, +ol > ~, I,I .e 4
ty by natural barrier, is under fence.
Sec. 3. That the board of county
commissioners, in arriving at the per
centum of lands in such county or por-
tion of county under fence, shall be gov
erned by the records in the office OF the
county assessor Of such county showing
the amount Of lands under fence, which
shall be conclusive and binding upon all
residents and freeholders in such county.
Sec. 4. 1t shall be the duty of the
county assessor of each county in this
state, at the time of making the ASSESS
ment in each year to make a list Of the
lands in his county, outside Of the in
corpOrated cities and towns, under fence,
and file a certified copy of such list each
year at the conclusion of the assessment,
with the board of county commission
ers, showing the aggregate number of
acres Of land under f. nee and not under
fence.
Sec. ) 1t shall be the duty Of the
board of county commissioners, on re.
ceipt of certified copy OF such list of
the lands, outside Of the incorporated
cities and towns, under fence and not
under fence, from the county assessOr,tO
at once determine whether or not
sufficient per centum OF the lands in such
county or portion of county as provided
herein, is under fence, to bring said
county or portion of said county within
the provisions of this act, and if it is
found that three-fOurths of the lands of
said county or portion Of said county,
outside OF the Incorporated cities and
towns, is under fence, it shall be the duty
OF the board of county commissioners to
make such entry in the records of their
office and publish notice thereof for at
least four successive weeks in the official
paper in such county, setting forth the
fact that threefOurths Of the lands in
such county or portion of county, out
side OF the incorporated cities and towns,
is under fence, and that live stock found
running at large in such county or pOr-
tiOn of county on and after thirty days
from the first publication OF said notice
shall be treated az estrays, and estrays
in any county in which at least three
fourths OF the area, outside OF the cities
and towns therein, shall be under en-
closure or fence may be taken up at any
time in the year.
Sec. 6 Any owner who permits his
live stock to run at large contrary 10
the provisions OF this act shall be deemed
guilty OF misdemeanOr and upon con-
victiOn thereof shall be fined in any sum
not less than twenty-five dollars nor
more than one hundred dollars for each
offense, and it shall be the duty OF the
| prosecuting attorney in such county,
when 1t has been determined by the
board Of county commissioners under
| the provisions OF this act that three
fourths OF the lands in such county or
| portion of county is under fence, on COM
| plaint of any freebolder or resident of
such county to forthwith prosecute the
owner OF such stock found running at
| large for such misdemeanOr.