94 BOARD OF AGRICULTURE. 



and I think we should recommend the setting of trees along the 

 highways, — either fruit or forest trees. 



Secretary Goodale. I would inquire if the loss of trees set by 

 the highways is chiefly due to the cattle running at large ? 



Mr. Wilder. Yes, sir, it is, in my section. In many instances, 

 districts and towns have taken away the fences, and the roads are 

 all exposed in winter times, and cattle are permitted to run at 

 large and destroy these trees. It seems to me that a man owning 

 a stock of cattle should keep them at home as much in winter as 

 in summer. 



Secretary Goodale. The statement of the gentleman leads me 

 to remark that I am greatly disaj^pointed, as I have no doubt you 

 all are, that we cannot listen this afternoon to the lecture which 

 was expected and announced from Mr. Lebi'oke of Foxcroft, on 

 Farm Law, embracing Rights and Duties relative to Division and 

 Road Fences, Breaches by Cattle, and related subjects. I learn 

 that he is detained by illness. I have no doubt we should have 

 been much enlightened upon a matter of great importance to the 

 public. This lecture would have gone far towards enlightening 

 us with regard to a point which is generally misunderstood, and 

 that is, that the highway, except for the purposes of travel, be- 

 longs to those from whose land it was taken. I have no more 

 right to allow my cattle to run in the road that forms a part of 

 your farm, than I have to cut the grass on any part of your farm. 

 When it is fairly understood that the public have no riglit in a 

 road, except to make, repair and to use it for travel only, we shall 

 have taken the first step towards doing away with this difficulty, 

 and it is a very serious one. 



There is no tax that comes more heavily upon the farmer than 

 that of fencing, and road fences are needless. This is a tax we 

 have imposed upon ourselves. We have done it voluntarily, and 

 it has come to be supposed that the road is public property, for 

 any use, and that anybody has a right to let his cattle graze in it. 

 To such an extent has this idea prevailed, that towns have some- 

 times voted that cattle be allowed to run in the highway. They 

 have just as much right to do it, I suppose, as to vote that they 

 may run on any part of my farm, or of yours. I am no more 

 bound to fence out my neighbors' cattle, than to double lock my 

 house. If a man comes into my house and takes away my .^jroper- 

 ty, he is accountable for it, whether he walks in at an open door 

 or breaks locks or windows. If he allows his cattle to come upon 



