On this date in Texas in 1884, the Legislature passed a bill making fence-cutting a felony. The lawmakers were serious, too. Cutting someone's fence could land a man in prison for up to five years, with a large fine to pay as well. But, why was cutting a fence such a serious matter "back in them days?"
It turns out that with the conclusion of the Civil War (aka the War of Northern Aggression), more Texans as well as investors from out of state were interested in establishing permanent ranches. The success of the King Ranch, with the now famous Santa Gertrudis cattle, demonstrated the potential for raising quality cattle. In northern and western Texas, other ranchers were experiencing success with Hereford and Angus cattle. These ranchers did not want cattle of low quality interbreeding with their improved stock, and especially they did not want wild longhorn cattle interfering with their ranching operations.
At the same time other cattlemen, as well as small farmers and holders of smaller acreage, did not see the need to fence their land. When they needed their cattle, they simply had a "round up," as they had done for decades prior to the Civil War. The unfenced cattle roamed for miles, entering both public lands and private property in their daily wanderings. Thus, to keep unwanted cattle out, the bigger ranchers fenced their land. But in so doing, these ranchers fenced public water, fenced around other peoples homes and businesses, and even fenced across public highways.
In many ways the coming fence wars were inevitable. In 1883, for example, a statewide drought made it imperative that farmers and ranchers were able to water their stock, including cattle as well as horses, mules, pigs, and so on. But fences across private property were seldom equipped with gates to allow access to the public watering holes. In addition, state mail routes and traditional wagon roads were fenced as well. So the need for water, as well for legal access and travel necessitated fence-cutting. A little common sense and courtesy applied to the situation would surely have staved off the mayhem and bloodshed that followed. By the end of 1883 at least three people had died in fence wars, with many others injured, and thousands of dollars worth of livestock lost. Something had to be done.
Something had to be done, all right, but politicians being of the same mold then as they are now, did not want to estrange themselves from their constituency by tackling the fence-cutting issue. Fed up with it all, Governor John Ireland issued a call for a special session of the Legislature. On January 8, 1884, Texas representatives and senators passed a bill making it a felony to cut fences. At the same time, the law provided that all landowners who had illegally fenced state roads, mail routes, other people's property, or the public waters, had six months to take down such fences or to place gates in their fences allowing full access to all public ways and facilities, as well as allowing private landowners access to public routes.
Free rangers and small farmers who needed the open range did not exit the stage quietly even after the passage of the anti-fence-cutting laws. There were sporadic incidents, some minor and some serious, over the next decade, but by the 1890's fences were here to stay. Today it seems almost ridiculous that there was such trouble over fencing cattle land, but back in 1883, the fencing of the range meant life, as many Texans knew it, had come to a sudden end. I often wonder what it would have been like to simply strike out across the range to get from point A to point B without crossing fences. The only fencing to be seen would have been the stock pens and corrals needed to keep riding stock and milk cattle close at hand. But with fences came improved beef quality and the rancher's ability to determine what cattle were desirable. Breeding programs could be carried out without the concern that stray cattle would skew the results.
So remember, my friends, before you cut that fence on the Texas range, be sure you have two to five years to spend as guests of the State of Texas, because on this day in 1884, cutting fences in Texas became a felony.
It turns out that with the conclusion of the Civil War (aka the War of Northern Aggression), more Texans as well as investors from out of state were interested in establishing permanent ranches. The success of the King Ranch, with the now famous Santa Gertrudis cattle, demonstrated the potential for raising quality cattle. In northern and western Texas, other ranchers were experiencing success with Hereford and Angus cattle. These ranchers did not want cattle of low quality interbreeding with their improved stock, and especially they did not want wild longhorn cattle interfering with their ranching operations.
At the same time other cattlemen, as well as small farmers and holders of smaller acreage, did not see the need to fence their land. When they needed their cattle, they simply had a "round up," as they had done for decades prior to the Civil War. The unfenced cattle roamed for miles, entering both public lands and private property in their daily wanderings. Thus, to keep unwanted cattle out, the bigger ranchers fenced their land. But in so doing, these ranchers fenced public water, fenced around other peoples homes and businesses, and even fenced across public highways.
In many ways the coming fence wars were inevitable. In 1883, for example, a statewide drought made it imperative that farmers and ranchers were able to water their stock, including cattle as well as horses, mules, pigs, and so on. But fences across private property were seldom equipped with gates to allow access to the public watering holes. In addition, state mail routes and traditional wagon roads were fenced as well. So the need for water, as well for legal access and travel necessitated fence-cutting. A little common sense and courtesy applied to the situation would surely have staved off the mayhem and bloodshed that followed. By the end of 1883 at least three people had died in fence wars, with many others injured, and thousands of dollars worth of livestock lost. Something had to be done.
Something had to be done, all right, but politicians being of the same mold then as they are now, did not want to estrange themselves from their constituency by tackling the fence-cutting issue. Fed up with it all, Governor John Ireland issued a call for a special session of the Legislature. On January 8, 1884, Texas representatives and senators passed a bill making it a felony to cut fences. At the same time, the law provided that all landowners who had illegally fenced state roads, mail routes, other people's property, or the public waters, had six months to take down such fences or to place gates in their fences allowing full access to all public ways and facilities, as well as allowing private landowners access to public routes.
Free rangers and small farmers who needed the open range did not exit the stage quietly even after the passage of the anti-fence-cutting laws. There were sporadic incidents, some minor and some serious, over the next decade, but by the 1890's fences were here to stay. Today it seems almost ridiculous that there was such trouble over fencing cattle land, but back in 1883, the fencing of the range meant life, as many Texans knew it, had come to a sudden end. I often wonder what it would have been like to simply strike out across the range to get from point A to point B without crossing fences. The only fencing to be seen would have been the stock pens and corrals needed to keep riding stock and milk cattle close at hand. But with fences came improved beef quality and the rancher's ability to determine what cattle were desirable. Breeding programs could be carried out without the concern that stray cattle would skew the results.
So remember, my friends, before you cut that fence on the Texas range, be sure you have two to five years to spend as guests of the State of Texas, because on this day in 1884, cutting fences in Texas became a felony.
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