FENCING RAILROADS.
The SPEAKER announced the special order for this hour to be Mr. Faucher's bill [H. R. 148] relating to the construction of fences, gates, farm crossings, cattle-guards, etc. The bill was read the third time.
Mr. FANCHER--The provisions of this bill are generally known. Nearly every State has a similar statute. The bill requires Railroad Companies to fence their right-of-way within six months after the taking effect of this act, or six month after the construction of a new road or part of a road. The fence is required to be built so it will turn all stock, except hogs. In another section it provides that on failure of the Company to construct such fence, any party sustaining damages shall recover, in additio to the damages, $25. In my judgment that is the only way to reach the Railroad Companies. It is my experience that it is one of the most difficult things to collect a claim against a Railroad Company, especially if page: 80[View Page 80] the judgment is for stock killed. I deem it a good bill and think it ought to pass.
Mr. RYAN--From my own personal knowledge of the operations of railroads, I think this measure ought to pass. Railroads running through the County where I live kill people's stock, and there has been no remedy, as the road changed hands so often that it was hard to tell who the road belonged to. This bill merely provides that a fence shall be built to keep stock off the line of the railroad. The same rule should be applied to railroads as to individuals--that is, not to inflict injury to the property of others; and this bill will accomplish this result.
Mr. COTTON favored the passage of the bill.
Mr. COLE said: "The bill is a good one. It obviates the prevailing difficulty of collecting damages for stock killed upon railroad lines. The present law is not adequate, because a person does not succeed in collecting the full value of the stock killed. This bill provides against relief of Railroad Companies changing ownership.
Mr. GIBSON was opposed to the bill because it would be a consumption of the timber of the country. He considered it a very serious objection.
Mr. MOODY--I hope the bill will pass, though it is not such a bill as I desired and hoped might be passed. I desire that the Railread Company also be required to fence against hogs, and I went before the Committee and urged this amendment to the bill, but the Committee regarded the amendment fatal to the passage of the bill and refused to amend it. I hope the bill will pass.
The bill passed by yeas, 56; nays, 15.
