The Mena weekly star., 1921-03-10
POLK COUNTYSHOC
 LAW NOT HOCLAW
With Provision for 4-Wire Fence and Penalties. Bill Does Not Apply Ex- eept as Favored by Vote of
 the Several Districts.

The otaf mas nad good many in- quiries about the so-ealled hog law. as expected to be passed for Polk county by Representative F. L. John sen, following the expression of the people at the last general election. Thru the courtesy of Mir. Johnson a copy of the bill. as adopted has been received.
 With the usual provisions for mak- ing legal 4-wire fence, and providing penalties for those who knowingly and wilfully permit hogs, pigs, geese, sheep or goats to run at large in the county, and other essential clauses, the bill in Section 4, is practically nullified, at least for the present, by these words:
 Provided, this bill shall not ap-
 ply to fencing districts in Polk coun-
 ty unless majority of the land
 owners of any of said districts are
 in favor of it, and so declare by
 vote in any of said districts.
 This, apparently, removes all re- strictions until such time as the mat ter is again submitted to one or more the several districts, and the ques- tion as just to what comprises a dis ,ict, or as to when or by what means. the question is to be submitted to a ote in such district or districts seems not to be provided for.
 But here is the law, stripped of tile and enacting clause:
 Section 1. That fence that is made of four barbed wires, securely .ttached to posts not more than six cen feet apart, with a stay of false post between each post where barbed wire is used, or plank or rails, firmly nailed or attached to posts, not more han eight feet apart, the bottom wire, plank or rail to be fourteen inches from the ground; the second wire, plank or rail to be twelve inches above the bottom wire, plank or rail, the third wire, plank or rail to be twelve inches from the second; the fourth wire, plank or rail to be eight cen inches from the third, shall be lawful fence.
 Section 2. 1t shall be unlawful for any person, firm, corporation or indl- vidual to knowingly or wilfully per- init any hogs, pig, goose, sheep or goat to run at large in Polk county. Any person, firm, corporation or individual who shall knowingly or wiIfully per init any hog, pig, goose, sheep or goat to run at large in Polk county, shall pc deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than one dollar, and not over fifty dollars, and in addition to such fine, shall be liable to any per- san aggrieved for double the amount of damages caused by the trespass of any such hog, pig, goose, sheep CT f.. I<.. -A ompetent jurisdiction. Provided, the apply only to the citizens of Polk county
 secion 3. If any hog. pig, goose. sheep or goat, belonging to any citi- zen of Polk county shall enter the lands of any person enclosed with a lawful fence, the owner, lessee or per- son in lawful possession of such lands may impound such animals and de- tain them until the fees herein pro- @ided for are paid.
 Any person impoundng stock under the provision of this act shall be en- titled to charge for keeping same at ten cents per day for each hog or pig and five cents per day for each sheep, goose or goat.
 otttluH 8s Any FtihtH tuttHun01uE tock under this act shall within three days give written notice to the owner, if known; and if the owner be uIi- known, he shall give the notice by posting at the nearest postoffice to him in said county, in which notice a general description of the stock shall be given. If the owner of such im- pounded stock, after having received notice, or after the posting of such notice as aforesaid, shall fail. neglect or refuse to pay within three days the fees chargeable under this act for im- pounding such stock. the person im- pounding such stock may sell same at public auction to the highest bidder for cash, after first giving five days notice at the time, place and terms of the sale. by written or printed notices posted in three public places in said county and by delivering copy there of to the owner of such stock. if known, and apply the proceeds, after deducting the cost of the sale, to the satisfaction of his fees and pay the remainder, if any, to the owner of the stock if known. If the owner cannot be found within ten days after the sale, the overplus be paid into the ountry treasurer and be disbursed as
 
 in cases of estrays.
 Provided, the county court. On the application of the owner and satis- actory proof of ownership, may make an order directing the said overplus to be returned or paid to the owner of said stock with six months after the sale. Provided, this bill shall not ap- ply to fencing districts in Polk coun- ty unless a majority of the land own CTS of any of said districts are in fav- or of 1t and 50 declare by vote in any of said districts.
 Section 5. That all laws ana parts f laws in conflict herewith are hereby repealed and this act shall take eifact and be in force from and after it's passage.
 Note Since the above was received it is understood an effort has been made to amend the above iaf. or to make it effective, by additional legis-