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The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, May 17, 1912, Image 1

Image and text provided by South Dakota State Historical Society – State Archives

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn89074986/1912-05-17/ed-1/seq-1/

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The Commercial
Center of the
E i e
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Correspondence invited:
E. E. Green & Son
Eas* jnd Stree. Lemmon, S. D.
Vol. 5 Lemmon, Perkins Gounty, South Dakota, Friday, May 17, 1912.
Lands of Another.
The Lemmon HeraM
Judge Carpenter Decides Geo. W. Egan Will
lor Battling Homesteader! Visit Lemmon Sunday
Decision Sweepingly Puts Seal The Noted South Dakotan, Ora
of Disapproval upon Wilful tor, and Leading Candidate for
Trespass with Stock
Judge C. C. Carpenter has just
handed down his decision in the
case of John H. Lux, Plaintiff vs.
Robert M. Kennedy, upon plain
tiff's demurrer, which case hinges
upon the herd law. Originating
in the taking up of two horses by
the defendant, because the ani
mals were devastating his grow
ing crop, the case was brought
step by step, the last action being
a demurrer interposed by the
plaintiff, as follows:
1. That the Court has no juris
diction of the plaintiff under the
provisions of sections 10, 11 and
12 of Chapter 244, Laws of 1907.
2. That said facts alleged, do
not constitute a cause of action
against the plaintiff under the
provisions of sections 10, 11 and
12 Chapter 244, Laws of 1907, it
appearing upon the face of said
counterclaim that said trespass
and damage was committed in
South Dakota and in territory ly
ing West of the Missouri river.
The Court in his decision has
this to say
Counsel have submitted briefs
upon the constitutionality of sec
tions 10, 11 and 12 of Chapter
214, Laws of 1907. It is un
necessary, however, to consider
the constitutional question, as
the case may be decided without
reference thereto.
The contention of plaintiff is
that notwithstanding the trespass
and damage, defendant cannot
recover because of the provisions
of section 10, 11 and 12, Chapter
211, Laws of 1907, known as the
"herd law."
Statutes providing that damage
done by animals cannot be re
covered unless the land has been
inclosed with a fence of the size
and material required by statute,
do not give permission to the
owner of stock to use his neigh
bor's land as pasture. They are
intended to condone trespasses
of straying live stock they have
no application to cases where they
are driven upon unfenced land in
order that they may feed there.
Lazarus vs. Phelps, 152 U S. M.
Monroe vs. Cannon. 24 Mont. U24
St. Louis Cattli- t'o. vs. Vautfht. 1
Tex. Ctv. App. 388
Union P. R. Co. vs. Rollins, Kan.
Fence laws do not authorize
wanton and wilful trespass, nor
do they afford immunity to those
who in disregard of property
rights, turn loose their stock
under circumstances showing that
they were intended to graze upon
the lands of another.
The character of the trespass
is a question of fact to be ascer
It is ordered, that the demurrer
be and the same hereby is over
ruled. By the Court
Clay Carpenter, Judge.
The effect of this decision is
that once for alL the homesteader
may consider himself secure
against the herds that are still al
lowed to roam the open at randorr.
The "legal" fence will still be
required to secure damages in
cases where an animal running
away, against the owner's reason
able precautions, and commits
damages. But under this decision
it will henceforth be a risky thing
for any owner of stock to wil
fully turn his animals loose, that
they may damage the fields and
property of others-
Seed Speltz at Green's*
the Senator's Chair, will de
liver a Lecture Sunday Evening
The frequent query: "la Egan
coming to Lemmon?" or "When
will Egan Come?" is set at rest
Mr. Egan's advices to his many
friends are to the effect that he
will be at Lemmon Sunday, to
deliver one of his noted lectures,
"The Trial and Crucifixion of
Jesus of Nazereth," at the Arm
ory, Sunday evening.
Egan's lecture had at
been announced for Sunda\
afternoon, but as many intend
to go to Reeder in the afternoon
to hear the oratorio "The
siah," arrangements were made
to have the lecture delivered in
the evening, tnus giving all an
opportunity to hear and meet
Egan will speak at Bison
and other inland points Sunday,
the Bison speech being schedul
ed at 2:00 The western
Dakotas are full of friends for
the man who single handed and
alone is waging the finest politi
cal battle now before the people
of the state, and it goes without
saying that he will have the
largest audience Lemmon has
yet given any man with a mission
Handel's Great Oratorio
"The Messiah" at Reeder
Quite a delegation of Lemmon
ites, lovers of good music,
take No. 17 westbound on Sun
day afternoon at 1:00 o'clock,
hear Hanel's great oratorio "The
Messiah" sung by the Reeder
Choral Society under direction
J. Hjort, and assisted by a
capable artists from outside.
To undertake a work as ambi
tious as "The Messiah" might
be deemed almost madness in
any small community, such as
western Dakotas call their own
were it not for the fact that
Reeder rejoices in having as one
of its foremost citizens none
other than Mr. Jacob Hjort,
who formerly devoted his entire
time to vocal culture, and
singing as a professionist high
in rank. Reasons of health de
manded his removal to the west,
but, to be sure, his enthusiasm
and devotion for what is best in
music, he braught with him.
And hence the Reeder Choral
Society, and the magnificent re
sults of its efforts in good music.
And that the concert Sunday
afternoon will be a high success,
is safe to predict, because the
same work was rendered in Jan
uary, the same artists assisting-
Mme Theoline Leo-Skaug, now
of Ipswich, but formerly of Min
neapolis, where she held hitrh
rank among concert singers, will
render the soprano solos Her
interpretation of that noted song,
"I know that my Redeamer
Liveth," alone will bring its full
reward to those why attend
She possesses a rich clear so
prano of splendid range equal to
the most exacting demands of
oratorio music
Miss Edith Bergh, of Hettinger,
will sing the contralto solos. She
has a sweet voice, and made good
at the January rendition which
means much, when it is remem
bered that Handel wrote music
that sets a high demand on the
singer's executive and interpreta
tive capacity.
Mr. Hjort will himself sing the
The First
National Bank
will co-operate with you. Our service to commer
cial lines of business will be appreciated by those
business men who require the scrvicc of a thourough
ly progressive, yet safe and conservative institution.
Every department is as arranged as to be of easy
access and benefit to the patrons. Officers arc al
ways glad to confer with those requesting counsel
tnd will be glad to meet you at any time at their desk.
The First National Bank
I nitod States Depositary
C. D. Smith, Pres. Lemmon, So. Dak.
Don't Gamble in Clothes
average man knows little
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Why not buy your suits from a store
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Those O'donnell shoes
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tenor solos. He and his art are
too well known to demand further
eulogy in these columns.
Mr. J. P. Gross, of Lemmon,
will again sing the bass number,
rendering all four of the famous
solos in that part.
The chorus has again gone over
the entire large work, and it will
June 8th, IV07.
J. K. Paul (iroa8
Publisher and Kditor.
No. 49
be rendered practically
—a rare achievement by any con
cert, as the Messiah is qu)t
generally cut more or les-
The railroad company will -I'M
No. 18, so that Lemmon people
will be enabled to return the
same evening.

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