Gunnison news-champion., 1916-05-19
PROPOSED HERD LAW
ARROUsEs MUCH DISCUSSION

week, part of the proposed ew herd
law. which il arrousing so much Cd
[ position aud resentment among
| siockmen OF the state This berd
law is a baby of the Denver Post,
through it, subsidiary publication
The Great Divide" Volney Hog
gott. former register II the state land
board Is fatherug the bill. He has
a ready Withdrawn one or two but
We understand this draft is the one
to which signatures are being Sc
cured
| Ia succeeding issues the N-ws
/ Champion will publish comment up
on the bill, by local cattlemen. Sec
retary Allen Of the Gunnison Count
Stock Growers has promised 10 write
US his opinion and " s Whinnery
OF the Hiusdale county association
who spoke on this topic at the re
cent cattlemens bauquer, has also
agreed to give us his view, for wider
circulation II any OF our peoplr
favor the bill let them advance their
argument
The following is a copy of tb,
main sections Of the Herd Law as ir
has been submitted to the people for
I their signatures:
J SectInn The owner, person IL
/ possession, or Caretaker OF any dom
estlC animal, or animals. shall. here
alter, be liable for all mary or dam
age done bv such domestic animal
or animals.
/ Section > The person whose prop
erty is injured or damaged may hav
| lien upon the trespassIng domestir
animal, or animals for the ful
smOunt Of damages and cost, am
may enforce the collection OF th,
same by the proper action in am
court having jurisdiction
Section ). The party whose prop,
erty is trespassed upon by such do
mestIc animal, or animals, may dis
train the trespassing domestic ami
NAL, or animals, and retain the sam
in some safe place at the expense Of
the owner, person IN possession or
caretaker, as security for the pay
ment OF such damages and cost o.
dls,raint, such damages and cost oi
dlstraint to be assessed pro rata pt
head to each owner, person in pos
session. or caretaker, shall be liable
for the pro rata amount to the II.
son damaged, together with his pro
rata share OF the costs Of such dis.
tra.nt; and each owner, person in
possession, or caretaker, shall have
the right to release such domestic
animal, or animals, from distraint by
paying the said pro rata amount TO
the person damaged
Section 4. If any person by iorce.
or otherwise without leave Of the
person having such domestic animal,
or animals under distraint, remove
the same from distralnt, the person
so doing shall be guilty of msde-
meanor, and on conviction snail pay
fine OF not less than Ten nor more
than One Hundred Dollars, or be
imprisoned in the county jail not
less than ten nor more than sixty
days, aud shall in addition thereto,
be liable in civil action for the re-
covery Of the domestic animal, or
animals, or the value of same so re-
lieved from distraint, or for damage
and costs, as the party distraining
NAV elect.
Section 5. Within forty eight
hours after distraint OF any domestic
animal. or animals, exclusive of Sun
days and holidays, the party dis
training shall notify the owner, per-
son In possession, or csretaker of the
damages claimed and the cost Of
such distraint; and If said parties
/ fail 10 agree upon q settlement Tor
such damages and costs of distraint,
and for the discharge from dlstraint
of such domestic animal, or animals,
either party may by suit in any
court of competent jurisdiction, pro-
coed to have such matters adjudicat
ed; provided, however, that the dis
training party may keep such domes-
tic animal, or animals, under dis
traint, subject to the order of the
court in the premises or until an
undertaking, as hereinafter provided
has been executed and delivered.
Section 6 The owner. person in
possession. or caretaker, of auv do
mestic animal or animals, at anv time
before final judgment. may release
such domestic animal, or animals