In the early days of settlement in the West, it was common for livestock to run loose. Horses, cattle, sheep, and pigs wandered at will. Free range laws generally put the responsibility on the landowner to erect fences to keep out livestock that were legally at large, but the owner of the animals was still responsible for damages if the livestock broke through the fence.
But as the human population grew, stray animals became more of a problem, wandering into gardens to eat and trample the crops. They even drifted into towns and walked the streets, which became a greater danger as cars became more common. Something had to be done.
On this date in 1913 North Dakota newspapers printed the details of a law passed by the state legislature. Going forward, with a few exemptions, it would now be unlawful for stock to run free. No stallions, bulls, boars, or rams would be allowed to run loose. For other stock, county commissioners were given some latitude. They could establish stock districts where other animals could roam. This could be particular sections of land, or even the entire county. The commissioners could also limit those districts to certain dates.
Landowners could post a sign at any gate to their property stating that anyone opening a gate had to close it. To leave a gate open when the notice was posted would violate the law. If an animal escaped through such a gate, the person who opened it would be subjected to a fine of no less than ten dollars and no more than fifty. They would also be liable for any damages caused by the animal that got out.
When settlers first came west, they found little material for fencing. But by the time of this law, barbed wire had become commonplace, making the law practical, and the wide-open spaces less open.
Dakota Datebook written by Carole Butcher.
Sources:
The Washburn Leader. “Unlawful for Livestock to Run at Large.” 28 March 1913. Washburn ND. Page 1.
Kansas Barbed Wire Museum. “The Early Years: A Brief History of Barbed Wire.” https://www.rushcounty.org/BarbedWireMuseum/BWhistory.htm Accessed 2/21/2019.
