The Leon reporter. (Leon, Iowa) 1887-1930, 1909-10-28
A SOURCE OF TROUBLE.
The Fence Has Been the Cause of
Much Litigation.

A cause of endless litigation, the
source of manifold trouble, has been
the fence in Iowa. Men have been
killed in quarrels over the fence,
which was supposed to keep out or
to keep in all kinds of stock and
failed to fill the bill. In the cities the
problem has been solved to a great
extent by penning up or abolishing
the live stock and doing away with
the fences. Perhaps, by and by, the
same sensible thing will be done in
the country. In the meantime the
Iowa legislature has passed a new
law upon the subject, which will be
as well as those who live out in the
country. 1t is as follows:
Repeal-Lawful fence Defined
Section 1857 of the code of Iowa is
hereby repealed and the following
full fence shall consist or three rails
of good substantial material or three
boards not less than six inches wide
and three-quarters of an inch thick,
in or two substantial posts, not more
than ten feet apart where rails are
used and not more than eight feet
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either wholly or in part substantially
built and kept in good repair; or
any other kind of fence which in the
equivalent thereto, the lowest or bot
tom rail, wire or board, not more
than twenty nor less than sixteen
inches from the ground; the top rail,
wire or board to be between forty
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and the center rail- wire or board,
not less than twelve nor more than
eighteen inches above the bottom
consist of three wires barbed with
no less than thirty-six iron barbs of
two points, or twenty-six iron barbs
of four points each on each rod of
wire, or of four wires, two barb
and two smooth and the wires to be
firmly fastened to the posts not more
than two rods apart, with no less
than two stays between posts or with
posts not more than one rod apart
without such stays the top wire to be
no more than fifty-four nor less than
forty-eight inches in height Pro-
vided, however, that all partition
| fences may be made tight by the
party desiring it and when his por
ton is so completed and securely
fastened to good substantial posts
| set firmly in the ground not more
than twenty feet apart, the adjoining
property owner shall construct his
portion of the adjoining fence in a
like tight manner, same to be secure
ly fastened to good substantial posts
set firmly in the ground not more
than twenty feet apart. All tight
partition fences shall consist of not
less than twenty-four inches of SUBJ
stantial woven wire on the bottom
with three strands of barb wire with
no less than thirty-siX barbs of two
points to the rod on top, the top
wire to not be less than forty-eight
| inches nor more than ffty-four
inches high, or not less than eighteen
inches substantial woven wire on the
bottom with four strands of barbed
wire of not less than thirty-six barbs
of two points to the rod, the top
wire to be not less than forty-eight
inches and nor more than fifty-four
inches high, or good substantial
woven wire not less than forty
eight inches, nor more than fifty
four inches high. In case adjoining
owner or occupant of land shall use
the same for pasturing sheep or
swine each shall keep his share of
the partition fence in such condition
as shall restrain such sheep or swine.
Upon the application of either own
er, after notice given as prescribed in
this chapter the fence viewers shall
determine all controversies arising
under this section including the par
tition fences made sheep tight and
swine tight.