1909 . 
THE RURAL, NEW-YORKER 
213 
the deer nuisance in that bash¬ 
ful STATE. 
I was glad to note Prof. Stuart’s article 
on page 135. This deer question should be 
discussed from all sides. Mr. Stuart’s posi¬ 
tion seems to he based on what these deer 
are doing, or rather what they are not 
doing, near Lake Champlain. Taking the 
State as a whole, deer are doing a very 
great amount of damage to all farm crops, 
and especially to young orchards. This dam¬ 
age is not confined to the more thickly 
wooded sections of the State either. On 
the other hand the greater damage is being 
done in and near towns and villages. I 
have before me a report of one man who 
has lost 6,000 apple trees by deer. A 
man in this town had 300 trees killed 
the first Summer after they were planted. 
Another man lost his cherry orchard by 
deer. Still another lost 1,500 apple trees, 
and if space would allow I could name a 
half a hundred more. Prof. Stuart should 
look about and learn the full extent of this 
deer nuisance. The writer can appreciate 
fully the advice to say as little as possible 
about this deer question for fear of the 
effect on orchard planting in Vermont, but 
this looks to me like a short-sighted policy. 
These wild deer are doing an immense 
amount of damage in New England, and 
have been increasing at an alarming rate 
under our laws. Our only remedy is laws 
less favorable to the deer; these we will 
never get by hiding the facts. If our State 
Horticultural Society would take this mat¬ 
ter up in earnest they could very soon have 
laws enacted that would give the farmer 
the lawful right to protect his property. 
The truth of this deer question may, and 
no doubt will, for a time, have a tendency 
to curtail orchard planting in Vermont, but 
we are certain of relief in time, through 
the enactment of better laws, but I will 
submit to the good judgment of Prof. 
Stuart that such articles as his will do 
little to hasten such laws. At the last ses¬ 
sion of the Vermont Legislature our game 
laws were amended, allowing the shooting 
of does as well as bucks during the open 
season This will help, for every doe killed 
stops the increase so much. When the 
hunters of the State can shoot in six days 
2,205 male deer it would really seem that 
this is a question that w r ould interest the 
people who have them to feed. At the start 
the writer was practically alone in the 
fight against this deer nuisance. Others 
have joined in and the result so far is 
seen in the so-called doe law. 
We believe fully in the possibilities of 
Vermont as an apple-growing State. We 
are now clearing the land for another apple 
orchard, for we have faith to believe that 
the farmers of old Vermont will rise up and 
demand, and get, such laws as will favor 
the farmer instead of the sportsmen. We 
believe that every man who believes in the 
future possibilities of Vermont as an apple- 
producing State, even though his own or¬ 
chard is not being damaged by deer, should 
help to keep this matter before the people, 
lest they forget. Deer never have damaged 
the writer’s orchards to the value of one 
mill, yet he knows of hundreds who 
have suffered setere losses by the depreda¬ 
tions of these wild animals, and is ready 
to do all in his. power to get such laws 
enacted as will give these people permanent 
relief. The Champlain Valley is but a very 
small part of Vermont, and while it is a fact 
that they grow excellent apples up there 
they are not better than can be and are 
grown in almost any other section of the 
State. Below I give an official list, by 
counties, of the male deer shot during the 
six days of open season last Fall. From 
this it will be seen that thei’e are few 
sections of Vermont not well stocked with 
deer. 
Addison, 107; Bennington, 147; Cale¬ 
donia, 115; Chittendon, 127; Essex, 61; 
Franklin, 93; Grand Isle, 1; Lamoille, 137; 
Orange, 134; Orleans, 90; Rutland, 269; 
Washington, 349; Windham, 191; Wind¬ 
sor, 384. 
We all know very well that the famous 
Jersey cattle case never could have been 
brought to the successful finish only by 
persistent efforts in bringing the truth, 
and the full truth, to light. Perhaps it 
hurt the industry for a time, and prevented 
some from starting in to breed Jerseys, 
but there is probably not one person in 
>he country to-day who does not know that 
1 iie R. N.-Y. has done more for the breed¬ 
ing of registered cattle by its persistent 
efforts in showing up this cattle case than 
any one thing that ever happened. The 
lull truth about this deer nuisance will 
give us better laws, in fact it has already 
given us better laws, and when these game 
laws are made right, then, and not until 
then, will we see large commercial orchards 
planted here in Vermont. 
In the election of a town representa¬ 
tive last Fall this deer question was the 
main issue, and the thi;ee candidates who 
uere up for nomination made statements 
in our local papers as to their standing on 
this question. One of these men had lost an 
apple orchard of 300 trees by deer. All three 
of them owned farms, but only one was a 
real farmer; he was elected. Practically 
the same thing happened in the adjoining 
town of Westminster. The farmers must 
have the right to protect their crops against 
anyone or anything, and they will acquire 
that right only by sticking together. Let 
US stick. A. A. HALLADAY. 
Vermont. 
LEGAL FARM MATTERS. 
Conveying Right of Way. 
A man signs a paper conveying a right of 
way through his farm for a county road. 
His wife did not join in the conveyance, 
does title pass? f. w. 
Indiana. 
If the husband owned the property he 
may convey what interest he holds, but he 
cannot convey or lessen the dower interest 
of his wife. To give good title the wife 
should join in the petition or deed or 
convey her interest in it. The dower rights 
of the wife become operative at the death 
of the husband and continue for her widow¬ 
hood. 
Division of Wife’s Property. 
A wife dies intestate leaving a widower 
and children. The title to the real prop¬ 
erty was in the name of the husband. How 
is her estate distributed? p. h. s. 
New York. 
The deceased as wife bad a dower in¬ 
terest in the real property of the husband, 
but this died with her, as it cannot be 
inherited nor transferred. Dower rights are 
available only when the wife survives the 
husband. As to her personal property, the 
husband is entitled to one-third and the 
remainder is divided among her children. 
Ownership of Manure. 
I bought a farm on which there is a 
quantity of manure. Is this mine or may 
the seller dispose of it? si. h. d. 
New Hampshire. 
Manure is a part of the real property, 
and passes to the purchaser with the deed 
as the trees, fences or buildings. ‘‘Good 
"husbandry is good law,” so the manure 
produced on a farm must be applied on 
the farm. A farm tenant is not at liberty 
to dispose of his manure. This rule does 
not obtain in case of a livery stable. 
Eviction of Tenant. 
I bought a place occupied by an ob¬ 
jectionable tenant. The owner promised to 
give me possession at once, but the tenant 
is still in the house. Dow can I get him 
out? E. M. B. 
West Virginia. 
Write the tenant a courteous note ex¬ 
plaining the sale, and request that he al¬ 
low you to take possession at an early 
date; also send him a written demand that 
he vacate within a few days. Keep a copy 
of this demand. Request the seller to de¬ 
mand that he move out. Your laws allow 
you to proceed in ejection, but you should 
be able to get possession by a tactful 
course. Make the tenant see that it will 
be to his interest quietly to vacate. If be 
still refuses to leave you may apply to any 
local justice, who will be glad to evict him. 
Trespass on Ice Pond. 
Fishermen annoy me by cutting holes in 
my ice pond and fishing there. What can 
I do in the matter? s. p. 
New York. 
If the premises is yours, or you have the 
right to gather ice there, you may pro¬ 
ceed in trespass against any intruders, but 
a quicker way would be to prosecute them 
for malicious mischief under Section 640, 
No. 7, of the Penal Code. You should first 
post a notice forbidding trespassers. 
Accidental Poisoning of Cattle. 
I have rented pasture from a farmer who 
threw branches from wild cherry trees 
among the cattle while trimming the fences. 
The cows ate the wilted leaves and one of 
them died in consequence. Is the owner 
liable? Will it excuse the owner if his 
servant did the cutting, or if they did not 
know that such leaves are poisonous? 
Connecticut. l. j. h. 
A person is answerable in damages for 
the wrong he does, whether he does it him¬ 
self or by a servant, and whether he 
realize the wrong. A man is presumed to 
know the usual result of his acts. In 
order to recover you must prove that the 
farmer cut down the wild cherry leaves, 
allowed the cows access to them, that they 
contain a poisonous acid while wilting, 
that they ate the leaves and that the death 
is due to the leaves. You should have an 
autopsy or examination of the cow's stom¬ 
ach, otherwise the courts may conclude 
that her death is due to another cause. 
While you have a good case your proof 
should bo clear and convincing. 
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