366 



NEW ENGLAND FAEMER. 



AVG. 



it seems to us that with a top-dressing of com- 

 post each year, in the autumn, or, perhaps, once 

 in two years, the trees would be abundantly sus- 

 tained by the aid of the dressing and that drawn 

 from the constantly decaying roots of the clover 

 plants. Can it be done ? 



Under such a course could not the specific ma- 

 nures, such as plaster, guano and superphosphate 

 of lime, be used more advantageously, even, than 

 on our corn and potato crops ? Clover plants do 

 not sward over and bind the surface of the soil as 

 do herdsgrass, red top, and some other grasses, — 

 and, therefore, the action of the atmosphere and 

 the rains would be much quicker upon the soil 

 than it is where these grasses prevail — and this 

 would be favorable to the trees. "We hope to hear 

 from those who have had experience in these mat- 

 ters, or who will offer opinions upon them- 



For the New England Farmer. 

 A WONDERFUL DISCOVEBY. 



This is an age of discovery, invention, and I be- 

 lieve, of progress. In almost every department of 

 knowledge, science, and art, discoveries of vast 

 importance have been made, which were never 

 dreamed of in the philosophy of the ancients. 

 Scarcely a daily public journal is issued which does 

 not contain news of a sudden and remarkable ad- 

 dition to the stock of human knowledge ; or, that 

 somebody has done, or is going to do, some aston- 

 ishing thing. But the reader, if he "takes the pa- 

 pers," knows all this and a great deal more, hence 

 a longer prelude is unnecessary. I will come at 

 once to the point, and tell him something which 

 he (possibly) does not know. 



A very important discovery has recently been 

 made in the realm of science — the science of law, 

 or jurisprudence. What can it be ? says one. 

 Have they discovered that viiglit is right, or that 

 law and justice should not go hand in hand ? The 

 following facts will show that this guessing comes 

 very near the truth. 



A few months ago, the savans, or rather the of- 

 ficials of the Fitchburg Railroad Co., discovered 

 that the corporation were not obliged by law to 

 build, or keep in repair fences on the line of their 

 railroad ; or to pay damages for killing a stray 

 animal of any kind ; and, furthermore, that who- 

 ever is unfortunate enough to have a horse, ox, 

 or cow slaughtered upon their track, is liable to a 

 fine of twenty dollars ; and if, by the collision, the 

 train is thrown from the track and smashed up 

 generally, the owner of the animal which caused 

 the obstruction, must jiay all the damages to cars 

 and wounded passengers, even if it takes the whole 

 of his property to foot the bill ! 



The company have taken this stand not because 

 there is an express law which exempts them from 

 building, repairing fences, and paying damages, 

 but upon the ground that there is an absence of 

 any law compeling them thus to do. 



There is a section in the statutes of Massachu- 

 setts which says that all companies which have 

 built railroads since the year 1846, shall build and 

 keep in repair lawful fences upon both sides of the 



track and pay to the owners the full value of cattle 

 which have broken through the fence and been in- 

 jured or killed. 



As the Fitchburg railroad was built previous to 

 that year, the company have decided that they 

 are exempt from the law, and in accordance with 

 this decision have issued circulars to the land- 

 holders upon the line of their railroad, to the above 

 effect. A friend of mine who owns land upon this 

 road, recently had a valuable cow killed upon the 

 track in consequence of a defect in the fence. He 

 went to the president of the road expecting to re- 

 ceive the value of the animal, but was told, that 

 as the company had adopted this new measure, 

 he could not make up the loss. He went to an able 

 lawyer, but was advised not to prosecute the com- 

 pany, for the law was against liim. So the matter 

 stands. AVhy this sharp-sighted and over-hearing 

 company did not make this discovery sooner, and 

 apply it to practice, is one of the wonders of the 

 age. When the land was purchased for the con- 

 struction of the road, the owners sold it to the 

 company with the express understanding that the 

 company should build and maintain the fences, 

 pay damages, &c. ; but a very few wise old heads 

 ferring there might be a loophole of escape, had 

 an express provision, with regard to the fences, 

 made in the deeds which they gave. 



This provision, the knowing ones say, cannot be 

 dodged. I do not believe that there is a jury of 

 fair-minded impartial men in the State who would 

 sustain the Fitchburg company or any other, in 

 the course they have taken. It is not only mean, 

 but wicked and abominable. It is hoped that a 

 united effort will be made during the sitting of the 

 next Legislature, to have the law, which obliges 

 railroad companies that have been formed, or 

 have built railroads since 1846, to build and keep 

 in repair fences, &c., so modified as to include oil 

 rail-roads built previous to that time. 



South Groton, June, 1862. S. L. White. 



P. S. Since writing the above, I have been in- 

 formed that the charters of the railroad companies 

 which were formed previous to the year 1846, ex- 

 empt the companies from building and maintain- 

 ing fences ; and that these charters cannot be al- 

 tered. If this is the fact, it may be that the good- 

 ness of the Fitchburg Railroad Co., and not their 

 ignorance, has caused them to fence tlx;ir road, 

 and pay damages. "Praise to whom praise is 

 due." s. L. w. 



Stoddard's Horse Rake. — We are daily re- 

 ceiving inquiries by letter and otherwise, to learn 

 where tliis rake can be obtained. In a letter from 

 Mr. Stoddard, the inventor, dated June IS, he 

 says that "Messrs. J. W. Green & Co., of New 

 Brain tree, Mass., are manufacturing it and have 

 the conti'ol of it for the present." 



It is on sale by Messrs. Parker, Gannett & 

 Osgood, 47 Blackstone Street, Boston. 



Cribbing Horses. — Hitch the horse in the 

 middle of the floor, and high up, so that he cannot 

 bite any thing, till he forgets this habit, which will 

 not require many days to accomplish. He should 

 be fed from a basket hung on his head during the 

 time. — Rural New-Yorker. 



