NEWS
Sheriff’s research finds 1905 election approved stock law and closed range
By BARBARA GREEN
editor@bowienewsonline.com
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)
NEWS
Amon Carter Lake Board to meet
Members of the Amon Carter Lake Water Supply Corporation will meet at 6 p.m. on May 26 in the office at 607A Lindsey for a monthly meeting.
Items on the agenda include a consent agenda and minutes and financials. Possible discussion/action may be considered on the following topics: Treasurer’s report, review of finance and current loans; president’s report as to the written agreements with contractual employees; consider current water rates and a possible increase; and review of expenses and areas that need amendment.
An executive session may be entered to discuss personnel issues.
NEWS
Saint Jo City Council hires fire marshal
The City of Saint Jo has a new fire marshal as the city council made the appointment during its May 13 meeting.
Gary Hines, a retired professional firefighter and certified fire investigator, will take the position. City Secretary Debbie Dennis said the post is required by ordinance but has not been filled for a long period.
The council set dates for a budget workshop for 2 p.m. on June 14 and 2 p.m. on June 28 for the ordinance workshop, as the council works to update its rules.
Aldermen gave their support to a proposition by Councilman Jack Dunn who is asking the Legislature to allow Texas’ smallest cities, those with 2,500 or few in population, to receive an additional share of sales and use tax. He would like to see the funds used in these communities to repair and replace aging infrastructure without new taxes or reliance on state grants.
In letter to State Rep. David Spiller, whom Dunn will meet with on June 1, the alderman explains much of the state’s 6.25% share generated locally flows into general funds and is spent on other priorities. He would like Spiller to author this legislation. Dunn gave the letter to the council along with a powerpoint on the plan.
“A single water treatment plant upgrade or sewer rehab carries massive, fixed costs that do not shrink with population size. These communities, often with only a few hundred or a couple thousands residents, simply cannot spread those costs across enough ratepayers or a broad tax based,” the letter states.
Dunn suggests a “graduated sales tax retention policy:” 1% additional share for cities with 2,500 or fewer residents; .75% for those 2,500 and 5,000; and .50% for cities between 5,001 and 10,000. It would be dedicated to infrastructure. Dunn says the overall statewide fiscal impact would be negligible, but could help sustain small, rural cities.
NEWS
City of Nocona buys water storage tank, review dam repair
The Nocona City Council approved a bid for a new 203,000 gallon capacity tank for potable water at the water plant and learned a slide repair to the lake dam is going to be pretty costly.
At its May 12 session the council received three bids on the tank and went with one from Tank Depot of Cleburne for $193,923. It is for a a 217,600 gallon tank usable for 203,000 gallons. The price could change slightly since it was based on estimate freight costs.
Read the full story in the Thursday Bowie News.
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