38 
THE RURAL NEW-YORKER 
January 21,, 
TALKS WITH A LAWYER. 
Rights of a Mutual Telephone. 
About one year aip> a telephone line was 
bum, running from I'billipsville to Watts- 
burg, by the fanners along the route, a dis¬ 
tance of about five miles, <?ach one taking 
shares. I was willing to help build the line, 
but refused on account of owning my own: 
telephone and renting from the llell Com¬ 
pany, and paying their big rent, as (he rest of 
them did. Now the line has discharged the 
Bell Company and put in mutual telephones, 
and each farmer owns his telephone, and they 
refuse to sell me a share, or rent their wire. 
1 am willing to pay well for the use of their 
line, although their poles go the whole length 
on our farm. They have no right of way; 
also no bargain. I put up one pole for my 
mail box in front of my house, which I oc¬ 
cupy, and they use it for their wire and line. 
Soon there will lie fruit trees to lie trimmed, 
new poles to set, and new holes dug. Can 
they stop me from attaching the wire on my 
own pole by paying for the use of their wire? 
Am I not entitled to rent for the use of our 
land, as it is a good deal of trouble to dodge 
their poles year after year without some 
compensation. Have they any right on our 
land after tin* life of these poles? Their rea¬ 
son for not letting mo on the line Is that 
their line has all the phones it will carry. 
There are but 14 phoned on the entire line, 
llow many phones should such a line be able 
to carry? header. 
Pennsylvania. 
You have no right to use the wire of 
the mutual association without its con¬ 
sent ; nor has it a right to use your land 
for its poles without your consent. You 
can insist upon a settlement, or have the 
poles removed from your land. We can¬ 
not advise you as to the capacity of the 
line. 
Trespass by Telegraph Company. 
A has a farm through which runs a public 
road supposed to be four rods wide, although 
only about 24 feet are used as a road, A cul¬ 
tivating and cropping up to the 24 feet. A 
telegraph company lias a line of- poles, eight 
of which have braces of wire or poles sup¬ 
porting or holding the main poles; both braces 
and main poles are all on the four-rod road 
strip. A does not; object to the main poles, 
but he does to the braces, which are a nui¬ 
sance, making it hard to plow, barrow, or use 
any machine around them. What can A do 
to have these braces put out of the way? Old 
residents say the telegraph company has no 
franchise, that they just came along and put 
the poles in place. If A tears these braces 
out how can be protect himself from having 
trouble with (he company, also prevent repair 
gang from replacing them? A lias neither 
time nor money to spend in a legal light. 
New York. a. a. it. 
If the telegraph company has no fran¬ 
chise, or right to use the highway, its 
poles constitute a trespass against A, the 
abutting owner, even though erected in 
the highway. Technically A has the right 
to remove the braces which obstruct his 
use of the land in question, as this land 
belongs to A, subject only to the right 
of the public to pass over the same. This 
may, of course, result in trouble with 
the company, but that is true in most 
cases where one insists upon enforcing 
his strict legal rights, and cannot be 
avoided. A might in the first instance 
go into court, and ask to have the com¬ 
pany ejected. In this way the rights of 
the parties would be developed, before any 
positive action was taken. 
Damage to Line Fence. 
A aud It owned adjoining farms. A’s part 
of division fence (old style worm fence) is 
built on a stone row (stones picked up on 
both farms and hauled to fence over 25 years 
ago) two to four feet high and eight or 10 
feet wide, therefore not the usual number of 
rails used to make it. as with the stones it is 
high enough by using four or five rails instead 
of seven. Several years ago B’s farm was 
sold to C, who some time later had bis hired- 
help haul away some of the stone, to which 
A verbally protested. Later C gave the su¬ 
pervisor permission to haul some of the stones 
on the public road to make repairs, as well 
as having his hired help haul some away 
for other purposes, taking them at different 
places, sometimes coming more than half way 
across the row, making large gaps in the row, 
and often taking away or undermining the 
corners, so that the fence fell down. Inside 
of two years from the time the stones were 
taken away A, through a justice of the peace, 
notified C that if the stone row was not re¬ 
placed in a reasonable time, so A could re¬ 
place his fence, suit would be brought. A 
short time after V. sent a note to A, stating 
that he was very busy just then, but would 
come to see him as soon as he had a little 
leisure, but has never said or done anything 
in the matter since. What is A's remedy? 
A never turns stock loose in any of the ad¬ 
joining fields. Who is responsible for any 
damage done by any stock getting over A's 
fence, which Is lying down? M. R. G. 
Pennsylvania. 
A should again serve notice on C to 
replace the fence or repair it in as good 
condition as before the stones were re¬ 
moved, and that in default thereof he, A, 
will do it at C s expense. A can then, 
if C neglects to comply within a reasona¬ 
ble time, do it himself, and sue C for 
the expense incurred. If cattle do dam¬ 
age on A's land by reason of C's action, 
C would be responsible for such dam¬ 
age. A might also seek to hold C liable 
for a misdemeanor under the public laws 
of Pennsylvania, which provide (Gen¬ 
eral Laws, 1865, 42. Section 1) that any 
person who destroys any fence or car¬ 
ries away its material shall be subject 
to a fine of not exceeding $50, one-half of 
which shall be paid to the informer. 
Why Use Salt on Hay? 
./. P. /I., Fltmintiton, ,V. ./.—What advan¬ 
tage Is there is using salt when hauling hay 
into (lie barn in Summer? lines it help to re¬ 
tain the color, or prevent it from drying out 
so much? I understand some farmers use 
(piite a good deal, but do not know what for. 
Ans. —Salt is used for two purposes. It 
absorbs moisture and thus dries out the 
hay. It also to some extent stops fer¬ 
mentation or decay, much the same as it 
does in meat or fish. Thus when green 
or damp hay is put in a barn, the salt may 
prevent it from heating or molding, as it 
often does when put in alone. 
Why Hitchings Uses Stable Manure. 
F. A 7 ., Host on .—In a recent reply to a ques¬ 
tion Mr. Illtehing.s states that if at any time 
he notices a lack of vigor in his trees, he will 
use stable manure. Will you ask him why 
he uses manure? 
Ans. —T am satisfied there is an 
abundance of needed elements of fertility 
in our soils. The supply is often not 
available. Our business as fruit growers 
is so to handle our soils as to make this 
locked-up plant food available to our trees 
at the least possible cost. An application 
of stable manure tends to make a live soil. 
A live soil is one in which bacterial action 
is active. Bacteria are our most valuable 
aid in unlocking latent plant food. The 
bacteria are very active in stable manure 
and so this is the best medium to start 
bacterial action in our soils. Lack of 
vigor usually indicates a lack of moisture 
or of plant food; stable manure helps to 
correct either condition by furnishing de¬ 
caying vegetable matter to our soils, which 
acts like a sponge to hold moisture for the 
first condition and by making the live con¬ 
dition of soil for the second. 
GRANT G. HITCHINGS. 
■vi qiiuu r niib o yuii uiis 
IOWA SEED CO., DES MOINES, IOWA. 
AD ACC CFPI) .Timothy and all kinds of Clover 
OCEU Seed. Hlue Grass,lied Top, Orchard 
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Address U. J. COVER, M t. Gilead, Ohio. 
C OHBLER, Carman, Hustler, Reliance, Longfellow, ltose, Olllo, 
Wonder, 85 kinds Potatokh. C. W. FOltD, Fishers, N. Y. 
i nnn non asparagus RooTs-The 
I)UUU^UUU Most Profitable Crop grown- 
Seven of the best varieties described in our flfi page 
Catalogue It Is FKKE to those who mention Rural 
New-Yorker. MOOltK A SIMON, 
Seed Growers. Philadelphia, Pa. 
*3 K fllflfB ff IMO Earliest, Largest, brightest 
IklllU New Ked Raspberry. Finest 
catalog. W. N. SCAKFF, NEW CARLISLE, OHI» 
FOR FRUIT and SHADE, Flower¬ 
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sent FREE. 
ESTABLISHED IN 184a 
EDWTN ALLEN & SON,New Brunswick.. N. J 
TREES 
Study the best seed catalogs 
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Illustrated tli roughout by 
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We also Issue a special free 
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| Johnson & Stokes, Dept. R. | 
“Seedsmen to the Money Makers ” 
217-219 Market St. 
C..,*- Philadelphia / 1 
.* 
J. M. THORBURN & CO. 
have been awarded 
TWO GRAND PRIZES 
at the 
ST. LOUIS EXPOSITION 
One for the Collection of 
VEGETABLES 
Grown From Our Seeds 
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Our Catalogue, the 104th Annual Edition, is by far the most 
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THE MOST VALUABLE EVER INTRODUCED 
Full description and the opinions of many high authorities who 
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J. M. THORBURN & CO. 
Seed Growers and Merchants 
36 Cortlandt Street, New York 
103 Years in the Business 
rTWO MILLION- 
Strawberry Plants 
Free from disease and in the most thrifty grow¬ 
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■M J. W. JONES & SON, Allen, Md. 
“GREAT SCOTT” 
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S. H. WARREN, Weston, Mass. 
Berry Plants 
all good kinds 
Cat free. 
Over $200 netted last year per 
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of either sort for 1 acre for $15. 
8LAYMAKER & SON, Dover, Del. 
Strawberries) 
The Mark Hanna 
should be Included in every or¬ 
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Strong growing, regular and 
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1905 
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7 
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80 VARIETIES 
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71 Trust Itldg., Rochester, N. Y. 
i 
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W. ATLEE BURPEE & CO., Seed Growers, Philadelphia 
DIBBLE’S SEED POTATOES 
Grown in the cold North 
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— —-— — than those from any other 
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STRAWBERRY PLANTS THAT GROW 
BEST STANDARD VARIETIES 
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00~YOUR~FRUTf^fREES~BEK^r^rRIUE~TO /VA/WF? 
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