The Delta independent., 1916-09-29
The Herd Law
(Robert F. Rockwell. Republican


be voted upon at the coming election
has become a matter of vital interest
to all the farmers ana stockmen of
the state. AS it is known that l have
been interested in the stock-growing
and farming business in the state for
the past ten years, / have been asked
to make a public statement on the sub
ject.
This is not political issue, for the
reason that it was proposed and ini.
tiated under the Initiative and Refer
endum provision of the constitution
and the voters of Colorado will either
reject or adopt it at the coming gen.
eral election. But while the legisla-
ture will have no part in adopting or
rejecting this proposed law. and il
elected viii have no voice or vote
on the question as representative, ]
feel that in view of the wide spread
interest in the measure. should state
my position publicly.
Most Of the people of Delta county
who favor the law do so for one or
more of the following reasons:
1.-They are bothered by stray
range stock which sometimes break
through their fences and injure their
crops. (This condition is not so bad
as it was when cattle were left to
rustic all winter)
2.-Their neighbors, to save their
pastures. and to use the feed in the
nearby lanes and commons. turn
their stock outside to rustic in the
daytime and bring them in at night.
(The animals, when the feed gets
short in the lanes. are apt to break
into someone's field and fill up)
3.-There are a few so-called cow
boys who antagonize the ranchers by
cutting their fences and otherwise
misusing their property. little of
this happens now. but people have
long memories.)
In the first and last cases. most of
the injured persons think they have
no recourse; in the second case, they
do not wish to have trouble with
their neighbors and think that in some
way the proposed law will stop this
practice. Let me state for the bene-
fit of these last that there is no provis-
ion in the proposed law against turn
ing stock into the public highway and
the same legal procedure must be
adopted as now.
In all three cases the present law
is as adequate to protect one against
trespassing animals as is the proposed
law, and much more fair to all parties
concerned.
The present law provides that in
case of trespass within lawful fence,
the owner may hold for damage any
animals SO trespassing, or get judg-
ment for damages in any proper court.
The present law provides that
lawful fence shall be fence of three
barbed wires with posts two rods a
part and stay between, or any other
fence as well calculated to protect
enclosures Any person having in
good repair such lawful fence may
recover in a suit from the owner Of
such animals, full damages sustained.
and may if desired, hold stock until
1amage is paid.
| The proposed law abolishes all
| fences, including railroad fences which
are an absolute necessity in any farm
ing and stock raising district. Some
farmer and the stockman against each
other on this proposed law. This is
mistake; their interests are identi-
cal and believe the proposed Herd
Law will do great injury to both the
farming and stock interests of Delta
county for the following reasons:
| 1.-While there may be parts Of
Colorado where stock may be hcrdej
and watched while grazing. this is
not the case In most of western Colo
RADIO. especially on the ranges adjoin-
ing Delta county. Here in the thick
brush and timber it would forbid Ire
handling of cattle in either large or
small punches. Here let nc say that
the reason cattle would have to be
herded, II run at all, on the open
range, is that a few men could take
up or buy claims or places in the cen.
ter of the range and without fencing
them force every man having stock
on that range to either keep herd.
err around each place or else hunt up
another range.