Heppner gazette. [volume] (Heppner, Morrow County, Or.) 1892-1912, 1907-06-13
LAW TO
BE TESTED
WIN Attack Constitution
ashEity of Herd Law.
0k9psst ID sn 80 Measure VIII Raise
kxund to Garry Matter to
Higher court.

Che Sherman county herd Law
ws14sh was amended at the las
essssien of the Legislature SO as t.
szssaiy to Morrow county seems t.
k2<sG with some opposition in this
ssxzety. Some Of the smaller
sstssck owners, the GAz .tte is in.
EEzEzEed from reliable authority, are
sasxR contributing to fund tc de.
t-av the expense Of testing the va.
tassStT OF the herd law by taking a
ssss Se the supreme court.
-YIse law has been in effect in
S2zGnan county for the past two
rys>sss where it's enforcement has
f. * aasen greatly opposed.
Isssre>is some question as to the
ssastS7u tionality of the law. The
a2%lls.-l,-sows in full:
AN ACT
Tx 2tsreFelt horses, asses. mules, cattle,
sissSacp. goats, and swine from running
Sst1arge in Sherm4 N County, Oregon !;
az'opruVide for the taking up and sale
ae, such animals found running at
AzlEe within sed county. and to re-
tzsea sections 424S. 4249, 1850, 4251, =,
-szcs22 ,z253, 1854 1855, 1856, 4257, 425S,
ess.ating to stock running at large
Asxseln.
Hs II enacted by the People OF the State
Is sG regon:
Ercnon5. That it shall be unlawful
Kr sk1fees, asses, cattle, mules, sheep,
a sH4a,e swine to run at large within
tze county Of Sherman, State of Oregon.
Section 2. That any person who
z;sl ;lss .5ssGaL eny animal or animals of the
xz sss -er~ciasses describe in section ] of
ktss ao@ running at large upon his prem
ass 4soron any premises of which he has
L ssession or control, whether such
sessrises are enclosed or not, or upon
sssllsss7rb-ic highways or any open private
xs.z 81 AGENT to such premises, or upon
zc1zr sepec Or unenclosed land adjacent
srs s.4cl. premises and within one hun
s6gSLs. arls thereof, may take up, hold
.xas s5ll the same as hereinafter pro-
x7seGd-
esssot,on 3. Any person taking up any
HsEes:2 eaimal or animals shall, without
* la-.aoossary delay, give notice of such
s&ss.sazg up, which notice shall contain a
zo.se description of such animal or
RAE e. ls, with the ma ks and brands 80
ssIza. -she owner may identify the same,
szzzraaesl2a also state that such stock will
kE add sgaiess redeemed, giving time
sxsxz g kee ef sale. either by delivering
A1zE 81 such notice to the owner tr
xueexs in person if residents of the
ssSzasy and are known to the person SO
ha<k5Re1p, Or by causing copy of such
Ezssiso 10 be published in a newspaper
s8gsneEai circulation within said county
.Sw.1s tate in not less than two issues
f.sre- eof.
<s.ect.en 8. II the owner or owners OF
sszzsg ssGch animal, or the agent or repre-
szszt tatiye Of such owner or owners, shall
.zgYss- and prove ownership, or bis OF
sfk@a- seepective rights to such stock, o.
.pz~ 3.aereof, at any time within fifteen
It ep5 a.ter personal service or notice, O.
stzs { ate Of its first publication, or prior |
RIO sce ga e hereinafter provided for, and |
kt.z,l pay the costs Of such taking ~ |
s=zE ene reasonable charges and ex-
.sszses OF keeping such stock, the same
'slGZl oe released and delivered to the
rx1zusr, or his agent or representative
ssax6 70 further record or action shall be
sssa1sssary. But if the owner or his re
n sessztative shall not appear as pro-
- lied, such animal or animals shall b,
-s4c.S ct public auction to the highes
tJsiEs1er for cash, and such sale sha
rssst e1e title to such animal or animal
81 ta 9 purchaser, whereupon the person
zzc 4s5.ing up, shall submit the amounts
1fEsnsges and charges for so keeping
ESs6 stock, to three diginterested and
@pEpetenI persons who shall apprais