Show A BILL CRITICISED A Measure in the Interests of Stock Hen Examined To the Editor of THE HERALD There is now penning in the Legislature Legisla-ture bill the aim of vrhicn the detection detec-tion of horse and cattle thievesis avery a-very good one as all but that class must admit And yet if the bill shall become a law at least in its present form I am compelled to believe that a thousand times more harm than goodwill good-will come of it Section 1 aims to prevent damage to and trespass upon the lands and property prop-erty of settlers by transient droves of stock Barring some crudities of construction con-struction this section is not particularly particular-ly On the contrary it is probably a necessary and appropriate remedy for a real evil Section roads as follows SEC 2 When the stock of any person per-son shall bo driven off its range within Utah against his will by the drivers of any drove and te same shall be found among such drove every person engaged en-gaged as drover shall be liable to indictment i in-dictment for larceny and may be find I in any sum not exceeding 1000 and shall be liable for damages to the party injured to the amount of two hundred dollars for each head so driven off together to-gether with all costs accruing in the trial of said cause and said herd or stock shall be held liable for the same or a sufficient number to cover all damages dam-ages and costs This section contemplates two actions a criminal one in whicn the people are plaintiff and which ends in a criminal conviction and the lining of the defendant defend-ant and a civil one in which the owner of the stock driven off its range is plaintiff and sues for damages Said herd or stock is made liable for all costs accruing in the trial of said cause What cause The civil or the criminal f ouef Said herd or stock what herd and what stock Is it the intention to make the stock unlawfully driven oft its range liable for toe costs of some I trial A careful scrutiny of this sec tion makes it doubtful whether or not I said herd or stock is not also to be held for the payment the line The construction of the section is very bung ling and it is difiicult to tell what is meant especially bv the language of the latter part of it It does not state whether the larceny contemplated in it is grand or petit and is remarkable in that it provides for a very hcavv line but no imprisonment Section 3 makes liable to indictment for larcenywhether grand or petit is not stated anv person in charge a drove who fails to immediately separate front it all stock in it which does not belong in it The delinquent is also liable to a fine of i000 This is a pretty severe remedy but it is aimed at an abominable evil and ought not to be objected to i i Section 4 makes it unlawful to use a running brand ie a straight iron rod heated with which the brand is made as letters are with a pencil Passing by sections 5 and G for the present I come to section 7 vhich rc i quirts every butcher to keep at his place of slaughtering for at least seven j i lays the hide of every beef killed said hide to be open to the inspection of the publio It also provides that all per j sons other than butchers who occasionally occasion-ally slaughter > neat cattle for beef either I for home consumption or for other purposes pur-poses shall keep the hide or hides of I i such animals fora period of twenty I days subject to inspection br any person per-son or persons and shall exhibit the I hide or hides of such beef at the time I and place the beef is offered for sale Section S makes it unlawful for anv I person other than the owner unless duly authorized to remove the skins I from the carcass of any neat cattle or sheep found dead I Section 9 empowers county courts to employ detectives to catch violators of this proposed law and to offer rewards I for the conviction of persons who may break it Why not empower the coun ty courts to employ detectives to ferret out other kinds of criminals such as burglars forgers etc Ths section is open to the usual objections against special legislation The stock owner has no more right to ask that the j public treasury be put to extra expense in or der to catch the thief who steals his property than has the banker the merchant I mer-chant or any other citizen The ground covered by section 10 is much better covered by the section of the present penal code which defines and punishes grand larceny Section 11 makes it a felony to mis I brand or deface or obliterate the brandon I brand-on an animal with an intent to defraud The delinquent may be fined 500 and imprisoned five years The offense ought to be punished severely Section 13 punishes by a tine of 100 any person who shall willfully or through neglect drive from its range any neat cattle Section 14 prescribes the description of stock which shall be sufficient in an indictment under this act and section 15 forbids the shipping in the night time by rail of stock without the leav ing of a certificate in the shipping of fice signed by reputable citizens of the I precinct giving the number and de I I scription of the animals shipped Section 10 makes it a felony to do any act forbidden by this bill or to omit to perform > any act required by it I now go bacK to sections 5 and G Under section 5 it is unlawful sell any neat cattle horse mare or gelding goat sheep mule or ass without reviving re-viving a bill of sale therefor The bill of sale must state every mark and brandt ny upon the animal It is also unlawful to purchase any animal named without receiving a bill of sale therefore i Section G makes it unlawful to pur I chase or to kill any head of neat cattle until the same is distinctly marked and branded or both note the syn tax to sell or to buy any hide of any hide of any neat cattle without giyijg and taking a bill of sale containmg a full description of all brands and marks on the hide All first purchasers of neat hides must keep a record of all such hidES stating names and residences of the persons they were purchased from and all marks and brands upon the hides Thus if a farmer kills his own calf before branding he is a felon I If he ells it to butcher a a neighbor or a dealer without first branding it both he and the purchaser become felons 1 If Ie sells its skin worth perhaps a dol gar without giving a written bill of sale therefore containing all that the law requires the seller and the buyer are both felons liable to two Years in the penitentiary and a fine ofa thousand dollars If a farmer or other person shall kill a beef and proffer some of it for sale to a neighbor as is often done in country districts he is a felon unless he has the hide with the meat that the purchaser may see both He is felon if he fails to keep a stinking hide about his premises prem-ises for twenty days Of all the crude rash and illconsid ered not to say outrageous and preposterous pre-posterous pieces of legislation that I ever heard of I think this bill takes the cake bake house granary gristmill and all The idea of making it almost as great an offense for the owner to kill a calf that has not been branded as it is to burglarize a bank or ditch a railway train Or to punish a man because he bought a hide worth a dollar or two without taking a bill of sale for it almost al-most as severely as if he had forged a will mittA farmer or other person not having hav-ing sufficient education to write such a bill of sale as thispropo ed law requires must employ some one to do it for him Otherwise he cannot sell a head of neat cattle not even a little calf without becoming be-coming a felon He cannot even take to the general merchandise store in his district at which he does his tradin a hide and sell it without being liable to a fine of 1000 and to imprisonment in the penitentiary for twoyears The argument is that this bill of sale business is intended to make it difficult for thieves to dispose of stolen property without having the crime traced to them But where one thief would be caught by the provisions of this law a I hundred unsophisticated honest men unlearned in law would be placed in danger of punishment for felony 1 t may bo that further legislation is required to foster and protect the great I and important industry of stock raising in our Territory But let criminal g islation upon this subject be framed to entrap rogues rather than honest men and let all laws upon the subject be just fair and general not special and based I upon the sound principles of legislation and modern jurisprudence and civiliza ti n inis identical bill was introduced at i the last session of the Leislature but when its objectionable features were I j pointed out to the house it was sat i I i dnvn upon and no more was heard of itI till the close of the session So mote it j be again Very Respectfully i f FARMER j BOUNTIFUL February 91880 i j |