Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1912-06-07
BLAINE SHEEPMEN WIN
IN SUIT WITH CATTLEMEN

In the case of w. C. Cleveland
VS.. Jack Wallace ct al, in which
the plaintiff asked for S3975 dam
ages for unlawful conversion, the
Jury found for the plaintiff and
liked his damages at S645.
AS this case has become some
what notorious, and promises to
become more sO,a brief review will
be of interest not only to the
ranchers of Camas Prairie but to
the whole state. From May %,
1917. u to and including June 5,
1911, a band of 25OO sheep were
herded and grazed within two miles
of the dwelling of Jack Wallace
and !. o. Couch on Soldier Greek,
in charge of a BascO herder, who
by the way, are universally en-
ployed by the big sheep men for
the reason that they can't ''savvy."
The sheep were repeatedly driven
off. but as repeatedly driven back
by the BascO, who continued to
herd and Craze the sheep within
the two mile limit until the range
was completely depastured and
ruined for the season. Mr.. Couch
has some 200 head of cattle and
horses, and Mr.. Wallace 20 head,
that were dependent on the range
so destroyed and it resulted in ser
ious inconvenience to the parties.
Not being able to learn who own
ed the trespassing sheep, Wallace
and Couch distrained them un-
der the general trespass law of
this state upon the theory that,
as the two mile limit law provided
no adequate remedy the Basco
herder alone being liable, that the
general trespass law should ap-
ply, which provides for the taking
up of stock breaking through a
fence; and where the owner is
unknown or a nonresident, to pro-
ceed in a summary manner to take
Judgment and sen the trespasslng
stock to satisfy the judgment. The
proceeding, in brief, requires the
injured party who takes up the
stock to make complaint before a
Justice of the peace of the pre-
cinct. who shall, if the owner OF
the stock is unknown, call three
freeholders, who shall
view the fence and if they. report
to the Justice that fence was a
lawful fence, the justice shall pro-
ceed to assess the damages and
render judgment that binds only
the trespassing stock and issue
execution directing the constable
to sell said trespassing stock to
satisfy judgment and costs and
the constable is required to post
notices in three places in the pre-
cinct giving the date of sale and
the stock taken in tres
pass. This, under the proceeding
is constructive notice to the un-
known owner and all the notice
that is required under the statutes.
The first section of the two mile
limit law makes it unlawful to
herd or Craze stock on the decided
land or possessory claim, or with
in two miles of the occupied dwell
ing house on said land, and the
legislature by such act construct
ed an invisible, lawful fence
around such land that is more ef-
fective against the herding and
grazing cf sheep than a woven wire
fence; but Judge Walters, in con-
STRUNG the trespass law, took the
position that inasmuch as the old
law provided for three fence view
ers, appointed by the justice,
where stock broke through a
fence, that where sheep were TAX
en- up within the two mile limit,
The justice should appoint three
freeholders to deter
mine if the sheep were taken with
in the two mile limit.
The ruling of Judge Walters that
The judgment was void left the
Jury no alternative but to find a
Judgment for the plaintiff for the