Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1908-01-17

| WIS Iniue Cltdl elilu s
interest in every part of the state
eyed so that COMBINATIONS will oe stop
ped. Ewart and Ingham leased a
large tract of land in northeastern
S,,lly county and fenced the tract with
ont regard to section lines running
through it. This called out a protest
from residents of that part OF the
county, and in 1900 they went to the
county commissioners with a petition
asking that all section lines in the
county be decIared/to be public hlsh-
WAYS. so that they might nave Tree
and rnobstructed travel on the section
lines. The commissioners took this
action, and the road commissions IN
that part of the county 10
remove the fences which crossed the
section lines. AS fast as he tore them
down they were repaired by the own
ers of the pasture, and an ln1unctloh
was asked to restrain the repulld1ns
of the fences. The case has oeeh
hanging fire for a long time, but the
lower court has been sustained In us
action granting the injunction. In us
findings the court says:
..The legislature of 1871 declared
that hereafter all section lines In this
territory shall be and are hereby de-
clared public highways as far as prac-
ticable.' The legislature evidently IN
tended that the term highway US
used in the law of 1871 should have
the ordinary meaning and that sec
ton lines throughout the territory as
far as practicable, and not interfering
with the the existing highways in the
settled portions of the territory should
be opened to the use OF the pupllc,
and no action of boards of commission
ers or supervisors of townships is re-
uuired to establish or open such hlgh-
ways as are practicable on sectlon
lines. The highways so established by
the legislative authorities cannot law
fully be INSTRUCTED by private citizens,
Until changed or vacated in the nan
ner provided by law. 1t follows, there
fore, that the Highways INSTRUCTED
by the defendants by the building OF
fences across the same was in vio-
lation of law"
1t is further held hat the term $50
far as practicable" was only to save
expense which might be incurred IN
an attempt to force a section line
highway across ground which would
cause a heavy expense for roa build
ing. Justice Haney dissents to this,
! holding tina section lines cannot be
made highways without the regular
formula for opening highways by petit
ION.
A meeting of the state public lands
committee will be held the third OF
next month. to take action for the hrst
time under the provisions OF chapter
226 of the laws or the last legislative
| session. This law requires as nearly
as may be possible, hat fifty thousand
acres of the state public school lands
shall, beginning With 1898. be Of
fered annually until ohe-fourth of the
lands ave been disposed of. Under
ipreseut conditions there is not the de-
Inland for such lands as has been the
case for several years, and it is hardly
likely tina any such an amount car
be disposed of this year. There is MOI
the demand for the lands which has
been the case in former years, and
the board will have to do its selecting
generally where they have cause to be
lieve that sales will be the most like
~. But with the opening Of spring
there may be a better market thai
present conditions indicate, and con
siderable of the land sold.
The delegates selected from Pierr'
q t. the Missouri river meeting at Siou'
City Jan 81 to 20 are canvassing tn
possibilities to be opened up through
action at that meeting. 1t was i
! Pierre man, who by the use OF boating
forced the ate on wool from here t.
eastern markets down more than o.
per cent, and with that as a criterion
as to what can be done the Pierr'
men are ready to push to the from
Iany action which will help to reduce
other freight rates. 1t is now UP to tn
!. missouri river towns to get togethe
: and work unitedly to accomplish VIVA
, they have been seeking by application
Z to the railroads for years without an!
great results.
!. The report of the state treasury TO
( the last day of December shows a re
< auction in the bank balances causet
. oy the payment of warrants calls
during December. The general sG.-t
was down to s13,544.19; the perma
0 nent school fund showed ~s21,47S.92
e but most Of this has been sent gu
t since that date. cutting that fund t
practically nothing. The capitol build
ling fund started the new year witt
s1~72,614.S1. This will be cut dow
when the bills to be considered at tn
present meeting of the commission ar
: acted upon. but it will be large enougl
after that to give a good operating
: fund for the next year.
! State Secretary Wipf has complete
: the forms for the poll n registration
= lists for the spring elections unde
: the primary law. He caves five place
!. for each office to be filed, which will
!. probably be enough unless the humble
: who want to get out independent
iunder the primary grows, in which
case the county officials will have t
: extend the scope of the poll books.
Sheriff Hoven, of Wa1worth county
was in Pierre Monday and secured
requisition on the governor of Utah TO
Jack Taylor who is unde arrest ii
Salt Lake City, and is wanted in Wal
worth county on the charge Ct mur
3 dering Christ Nelson in that count
t last year. Taylor broke jail at Aber
J deem and made his escape before trial
= y -
Gov. Crawford has appointed as ad
ditional delegates to the Dry FarminI
congress at Salt Lake City Peter Mil
9 Ter, of Belle Fourche, and Hans Grim
: sho, of Vale.
The annual report of st. Mary's hos
pital in Pierre shows that they care,
8 for 357 patients In 1907. The hospi
: tai is increasing its scope every year