NEWS
Sheriff’s research finds 1905 election approved stock law and closed range
By BARBARA GREEN
[email protected]
Open range vs. closed range. It is a concept that has been fought over and debated since the early days of trail drives and cattle barons in the 1800s.
Texas is an open-range state, which means just that, livestock owners are not required to fence in their livestock to prevent them from roaming at large. However, there are two exceptions: The passage of local, county-based stock laws and the development of U.S. and State Highways, which have changed large portions of the state from open range to closed range.
Earlier this year an informational meeting on fencing laws raised questions about Montague County’s status as open or closed range. County AgriLife Agent Justin Hansard said they had about 50 people attend a May 10 webinar on fencing laws and those present, including himself, thought Montague County was open-range.
With the answer still not clear, Sheriff Marshall Thomas began researching the issue digging through county records to finally discover a 1905 election that approved a stock law in the county making it closed range, contrary to previous perception it was open.
Landowners in closed-range areas have a duty to prevent their livestock from running at large, usually by maintaining a fence to keep their livestock on their property. In an open-range area it is up to other landowners to put up a fence to keep animals out of their property.
Thomas said while he does not want to put additional hardship on those who have cattle, horses or other livestock, his officers deal with an average of 700 stray cattle calls a year. Time they could be on the street handling calls from citizens.
“My job is to keep people safe and use the money this office is given the most efficient way possible. My guys carry fence repair stuff and we will do it, but that is not our job. However, we also don’t want the animals on the road. I have seen too many get hurt,” said the sheriff.
The commissioner’s court minutes from Aug. 16, 1905 show a petition was presented by M. Webb and 190 others as “freeholders” (landowners) throughout Montague County. The petition asked for an election to determine whether horses, mules, Jacks, Jennets and cattle shall be permitted to run at large in the county.
Read the full story in the mid-week News.
A Cowdex sign posted on a sign indicates the landowner’s registration in the county sheriff’s electronic database of livestock owners. (Courtesy photo)
The second community meeting on needs for an emergency room or hospital in Bowie is scheduled for 6 p.m. on Nov. 19 at the Bowie Community Center.
This is the second meeting to discuss these needs following the closure of the Faith Community Health Center emergency room on Oct. 6, just shy of a year of operation. More than 200 people attended that first meeting, where discussion centered on the creation of a taxing district to support any sort of medical facility.
Citizens in the Bowie area are encouraged to attend and take part in these discussions.
The Bowie City Council has moved its Nov. 18 meeting to 6 p.m. on Nov. 19 where three new council members will take the oath of office.
Councilors include Laura Sproles, precinct two, Brandon Walker, precinct one and Laramie Truax, precinct two. After the votes are canvassed and the oaths given, a mayor pro tem will be selected.
The new members will jump right into training as City Attorney Courtney Goodman-Morris provides an orientation and discussion of duties for council members.
City Manager Bert Cunningham will make his monthly report on the following topics: Nelson Street, which opened last Thursday, update on the sewer line replacement project, substation transformer placement and information on medical companies.
A closed executive session on the Laura McCarn vs. City of Bowie lawsuit is scheduled. The suit arose in November 2022 when the city broached selling some 25 acres it owns on Lake Amon G. Carter, originally part of the land purchased for the 500-acre Bowie Reservoir completed in 1985.
McCarn challenges the ownership of the property stating it should revert to the original owners since it was not used for the lake.
This 24.35 acre tract is located at the end of Indian Trail Road surrounded by the lake and the Silver Lakes Ranch subdivision.
One of Bowie’s major thoroughfares, Nelson Street, was reopened Thursday after one busy block has been closed since August 2021 when a section of the street failed.
Construction finally came to an end on Thursday when the street, including the Nelson and Mill intersection were reopened. Mayor Gaylynn Burris, City Manager Bert Cunningham, Councilors TJay McEwen and Stephanie Post, Engineer Mike Tibbetts and Public Works Director Stony Lowrance met at the site Thursday morning and removed the barricades. It only took a few minutes for vehicles to start arriving and drivers were excited to go through on the new roadway.
This section of Bowie has endured flooding and drainage problems for many years and in the summer of 2023 the city council finally bit the bullet and sought bids for the repair work expected to top $3 million. In August 2021 a one block section of Nelson was closed when a large sinkhole appeared on the north side of the street. Traffic had to be diverted including all the school traffic flowing from the nearby junior high and intermediate.
Read the full story in the weekend Bowie News.
Top photo – (Left) Mike Tibbetts, engineer with Hayter Engineering, talks with Bowie City Manager Bert Cunningham as they look over the massive drainage project on Nelson Street.
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