By Beverly Clinkingbeard

The Atchison County Democrat hadn’t been in publication but a short time when a newspaper’s purpose of informing the public was in effect in Atchison County. The county was officially 33 years old and gradually settlers were buying platted plots and acres. Rock Port was the commercial center and a central government was established. The towns of Sonora and El Paso had yielded to the Missouri River and folks resettled on higher ground. Settlements of Watson, Center Point, Hazel Grove, London, Linden and other stops made up small communities on the open prairie. There was talk of railroads and new towns. Some days, white topped wagons slowly made their way across the prairie. For those that stayed, they brought their livestock – dinner on the hoof.

Throughout August and September, 1879, the newspaper announced, “Notice of Special Election.” It read, “In pursuance of an order of the county courts of Atchison County, Missouri, made and entered of record on the 25th day of Aug. A.D. 1879, in response to a petition signed by more than one-hundred freeholders of said county, praying that a special election be called for the purpose of voting upon the question of restraining swine from running at large, such special election will be held at the various voting precincts throughout the county on the 1st Tuesday (the 7th) in October A.D. 1879. The law requires that there be written or printed on each ballot voted at such election either ‘For restraining swine from running at large’ or ‘Against restraining swine from running at large.’ M.L. Lee, Clerk of the County Court.”

The Hog Law was printed and contained 13 sections. The sections dealt with the responsibility of the hog owner and their liability for damages, dispute as to how much damage was done and proof of certain claims made against hog owners, the liability and possibility of being sued for damages explained. The complaints would come before the Justice Of Peace for a Township and a fee of “…fifty cents for issuing the notice and swearing the appraisers and the constable or purpose serving the notice shall be allowed a fee of thirty-five cents for each appraiser notified, and three cents per mile as mileage to and from the place of service; and each appraiser shall be allowed a fee of fifty cents, which shall be paid by the owners of such swine before he shall be entitled to take such swine away, or if such owner fails to pay such fees, the person having such swine shall pay the same and may add the same to the damage allowed him in the premises.” There was to be no expectation of a party needing to build fence against swine running at large.

And finally, “Nothing contained in this act shall be construed as to prevent drovers or other persons from driving swine from one place to another, along any public high way – the owner or owners being responsible for all damages that any person or persons may sustain in consequence of the driving of such swine.”

At such a time (also writing under the moniker of “Sport’s Cousin” and sometimes as “Couzin”), it was announced that “Pat McElroy of Hazle Grove was in town Monday and called on the DEMOCRAT. He informs us that he is now Notary Public, Justice of the Peace, Collection Agent, and makes criminal law, real estate and equity a specialty sometimes.”       

There had been no previous articles detailing damage the hogs had done, but apparently was a topic of conversation assumed. Wresting a crop or garden from virgin prairie an arduous task, it would have been devastating and heartbreaking to have a family’s food supply uprooted by hogs running at large.

So, what was the result of the election?

The newspaper reported, “The law to prevent swine from running at large was carried at Tuesday’s election by a majority of about 150 votes. From and after sixty days from Tuesday last, it will be unlawful for swine of any age to run at large off the premises and outside of the enclosure of the owner of such swine.” The saying, “Good fences make for good neighbors,” was being developed and Atchison County was becoming a county of order and civility.

When the new neighbors arrived, papers were signed and their wagon halted at their open plot of prairie land, surely there was much to think about and what must be accomplished first. Perhaps, dig a water well? Build a structure before winter set in? Unload the wagon for other uses? Crops and gardens to plant and harvest? Protection for their livestock and a pen to keep the pigs restrained was now the law.

Our forefathers and mothers did well, didn’t they? What we proudly claim today as ours was first began on the shoulders of those who quietly rest in our cemeteries. Would they be pleased with us?

’Til next time.