CHAPTER XX

LAWS AFFECTING LAND AND

LABOR

Thus far property has been treated as invested capital upon which

interest must be charged in determining the labor income. Labor,

likewise, has been considered principally in its effect upon profits.

Society has thrown around the transfer of property and the use of

labor certain restraints for the protection of all individuals.

Through the ages certain procedures have become fixed by custom. These

legal practices are largely the inheritance of old Roman law and are

usually known as common law. Various legislative bodies having

jurisdiction enact from time to time other laws. This body of enacted

law is called statute law and is much more variable than common law.

In the briefest possible manner it is the purpose here to state a few

of the principles and applications of the law, chiefly the common law,

as it affects the farmer in acquiring or disposing of his property and

in his dealings with labor.

PROPERTY

Property may be defined as anything which is a subject of ownership.

It possesses the characteristics of being acquired, held, sold, willed

or inherited and is of two kinds: (1) Real property, real estate or

realty; (2) chattels or personal property. These two kinds of property

are subject to quite distinct legal practices. In general, real estate

consists of land, things attached to it, such as trees, buildings,

fences and certain rights and profits arising out of or annexed to the

land. The term land as ordinarily used includes all these things, so

that when land is said to be worth so much an acre it includes all

fixtures. Ponds and streams are, under this definition, land. The land

not only has surface dimensions, but extends upward indefinitely and

down to the center of the earth, and hence includes a right to ores,

coal, oil, gas or other materials whatsoever.

An article may, however, be real property or personal property

depending upon circumstances. Thus a tree growing on the land is real

property, but when cut into cord wood becomes personal property. New

fence posts ready for use are personal property. When set in the

ground they become real estate. Just what goes with a farm or what are

fixtures is frequently a subject for legal determination.

FIXTURES

The general rule is that "fixtures are any chattels which have become

substantially and permanently annexed to the land or to buildings or

other things which are clearly a part of the land."[D] The annexation

may, however, be purely theoretical, since the keys to the house or

barn, which may be in the owner's pocket, are real estate. One rule

concerning fixtures is that they must be so annexed that they cannot

be severed without injuring the freehold. The intention of the party

making the annexation also often determines, since if the article is

annexed with the intention of making it permanent, it then becomes a

part of the land. Among the things held to be fixtures, and therefore

a part of the land, are: (1) All buildings and everything which is a

part of any building, such as doors, blinds, keys, etc.; (2) fence

materials which have been once used and are piled up to be used again

are a part of the land, but new fence material not yet used is

personal property. (3) Growing crops are real property. They go to the

purchaser of the land unless specially reserved in the deed. A verbal

agreement is not sufficient. (4) Trees, if blown down or cut down and

still lying where they fell, are real property; if cut or corded up

for sale they become personal property. (5) All manure made on the

farm is real estate and passes with the land. (6) All the ordinary

portable machines and tools are considered personal property, but

certain machines held to be of permanent use upon the land are real

estate. Among the things which courts have held to go with the land

are cotton gins, copper kettles encased in brick and mortar for

cooking food for hogs, cider mills, pumps, water pipes bringing water

from distant springs. In general, motive power machinery and the

shafting go with the land, but the machinery impelled may or may not,

depending upon the way it is annexed. (7) If stones have been quarried

for the purpose of using upon the farm, they go with the farm, but if

quarried for sale they are personal property.

CONTRACTS

The difference between personal property and real property may be

indicated by considering the essential features of a contract. A

contract is an agreement between two or more persons. The foundation

rule concerning a contract is that every man must fulfill every

agreement he makes. An ethical practice grows out of this legal rule

which, if strictly adhered to, will save much embarrassment, viz.,

make but few promises and always keep your engagements.

There are seven requirements generally necessary to a valid contract.

(1) Possibility. The thing to be done must be possible. (2) Legality.

It must not be forbidden by law. (3) Proper parties. The parties to a

contract must be competent. Contracts with idiots or drunken persons

are not binding. Some contracts with minors are not binding, although

contracts for the necessities of life are. (4) Mutual assent. A

proposition not assented to by both parties is not binding on either.

(5) Valid consideration. A man is not regarded as injured by the

breaking of a promise for which he has paid, or is to pay, nothing.

(6) Fraud or deceit. A contract obtained by fraud is void as against

the party using the fraud, but may be enforced by the innocent party

if he sees fit. (7) Written contracts. Here comes the most important

difference between real and personal property. Real property can only

be conveyed by a written instrument, properly executed and recorded,

while personal property passes by mere possession. Contracts relating

to the sale of real estate are not binding unless in writing, while

verbal contracts are sufficient for personal property if accompanied

by payment of a part of the purchase price or the acceptance of the

goods. For amounts under $50 verbal agreement in itself is binding.

TRANSFER OF REAL ESTATE

The purchaser should require of the seller evidence that the title to

the land is straight and clear; if not, exactly what the defects are.

This is done through an abstract of title, which should be prepared by

a competent lawyer. This is not an official document, and its value

depends largely upon the ability and watchfulness of the party making

the abstract. Ownership of land is conveyed by means of a deed. A deed

is an instrument conveying at least a life interest in the land. Care

should be taken that the deed contains the essential parts and that it

is properly executed.

DEEDS

Deeds are of two kinds: Quit claim deeds, which convey all the rights,

title and interest which the seller has in the land, but does not

warrant the title; and warranty deeds, which, in addition to what a

quit claim does, contain covenants which agree that the seller and his

heirs, etc., shall warrant and defend the title to the purchaser

against the lawful claims of all persons.

THE REQUISITES OF A DEED

The requisites of a deed are: The parties to the deed, the

consideration, the description; and with a warranty deed, the

covenants. The seller must be of full age, sound mind and if married

his wife should always join in the deed. Her name should appear

following his at the beginning of the instrument. She should sign and

acknowledge the deed, and the certificate of acknowledgment should

state that she is the wife of the seller. If the seller is a married

woman, her husband does not need to join in the sale of her own

property. It is customary to state the consideration upon which the

deed is given, but this is not necessary, nor will a false statement

as to the amount paid invalidate the deed.

The description of the land conveyed should be as minute and careful

as possible, and preferably in the exact language of former deeds. In

case former description is in error, it should be referred to and

correct description given. Where land is conveyed by metes and bounds,

this description governs, although it may not convey the number of

acres of land stated. In describing boundaries the location of

monuments takes precedence of distances mentioned.

EXECUTION OF THE DEED

A deed must be signed, witnessed, acknowledged, delivered and

recorded. In some states deeds must be sealed, but in other states the

law has dispensed with this formality. Witnesses to deeds are not

required in all states. Some states require one, but usually two

witnesses are required. The parties signing the deed are required to

appear before an official designated by statute, usually any

magistrate, justice or notary public, and acknowledge the same to be

his or her free act and deed.

A deed has no effect until delivered, and should be immediately

recorded by the purchaser. Generally an unrecorded deed is not good as

against a subsequent purchaser in good faith. It is well to note that

the laws relating to the transfer of land are those of the place where

the land lies and not necessarily those of the place where the deed is

made.

METHOD OF LAYING OUT PUBLIC LANDS

The public lands of the United States are, whenever practicable, laid

out into townships each six miles square, "as near as may be," whose

sides run due north and south and east and west. The townships are

laid off north and south of a base line which is a parallel of

latitude, and are numbered north and south from the base line: Thus,

T. 3 S., means Township No. 3 south from the base line. Each row of

townships running north and south is called a range, and is numbered

east or west of the principal meridian: Thus, R. 2 E., means Range 2

east of the given meridian.

The townships are then laid off into sections or square miles of 640

acres, "as near as may be," and these are numbered, beginning always

at the northeast section, as shown in the accompanying diagram.

N

+-----------------------------+

| 6 | 5 | 4 | 3 | 2 | 1 |

|----+----+----+----+----+----|

| 7 | 8 | 9 | 10 | 11 | 12 |

|----+----+----+----+----+----|

W | 18 | 17 | 16 | 15 | 14 | 13 | E

|----+----+----+----+----+----|

| 19 | 20 | 21 | 22 | 23 | 24 |

|----+----+----+----+----+----|

| 30 | 29 | 28 | 27 | 26 | 25 |

|----+----+----+----+----+----|

| 31 | 32 | 33 | 34 | 35 | 36 |

+-----------------------------+

S

Each quarter section is referred to as the northeast or southwest

quarter of the section, and each forty acres as the northwest or

southeast quarter of a particular quarter. For example, an eighty-acre

field may be referred to as the west half of the southwest quarter of

Section 3, Township 5 North, Range 3, west of ----. Base line and

meridian, or in some cases merely the meridian is mentioned.

The curvature of the earth's surface makes it impossible for the sides

of townships to be truly north and south and at the same time six

miles square. The excesses and the deficiencies due to the convergency

of meridians and the curvature of the earth are by law added to or

deducted from the western and northern ranges of sections and half

sections of the townships. While the above has been the rule in laying

out public lands for more than a century, there are many exceptions,

due to many causes.

In the older settled sections the land was laid out in lots, often in

a very irregular manner, although in some cases within a given tract

the area was more or less regular. In these cases, the land must be

described minutely and carefully by metes and bounds. In some of the

southern and western states, also, where there were Spanish grants,

much irregularity in the surveys exists. Over much of the north

Central states this rectangular system of laying out lands obtains and

has worked well in most respects.

THE LANDLORD AND TENANT

Leases of real estate follow the same procedure as deeds, except that

a verbal lease, if for a term of not to exceed one year, is valid in

most states. A written lease should be carefully drawn, because,

according to common law, there are few things implied in a lease that

are not stated. Definite statement concerning repairs and insurance is

desirable. A tenant should also acquaint himself with the law of the

state concerning the surrender of the farm upon the expiration of his

term.

It is the duty of the tenant not only to guard the property, but to

conduct the farm in a husbandlike manner. Unless otherwise stated in

the contract, the tenant must pursue those methods of husbandry which

are customary in the vicinity.

THE RELATION OF THE FARMER TO HIS

WORKMEN

The requirements of a valid contract, as previously stated, control

most of the relations which the employer has with his employees.

Contracts for labor, unless for more than one year, need not be in

writing. If, however, the service to be rendered is unusual, the

agreement should be reduced to writing, because, in the absence of

specific agreement, the law assumes that customary service and wages

are implied.

Like all other employers of labor the farmer is under obligation to

protect his workman from injury. He must not subject them to unusual

and unreasonable risks. He must hire workmen suited to the employment.

For example, if he employs a young boy to drive a fractious horse, he

would be liable for any injury that might occur. In like manner, he

must exercise proper care concerning the safety of the machinery

placed in the hands of his workmen. He must keep his premises in a

safe condition and must not expose his workmen to risks not incident

to the employment for which they are hired.

The farmer is liable in damages for the acts of his workmen which are

within the scope of their employment, although the authority may not

have been expressly conferred. "He who acts by another acts himself."

In case one is sued for the acts of his employee, the burden is upon

him to prove that the act of the workman was without authority,

expressed or implied.

-----

[D] Haigh's "Manual of Law," p. 69.

CHAPTER XXI

RURAL LEGISLATION

Various laws have been enacted by federal and state legislatures for the

better protection of producer and consumer. Much of this legislation

affects in a very special way the interests of the farmer. Not

infrequently, in fact, generally, the state department of agriculture

has more or less direct jurisdiction over their enforcement. State

departments of agriculture usually publish a collection of the laws of

this character. These laws vary greatly in the different states and only

the most general outline, as they affect the interests of the farmer,

can be given here. Persons can inform themselves as to the details as

enforced in a given state by applying to the state secretary of

agriculture.

A number of these acts affect interstate commerce, concerning which

the United States Constitution says: "No state shall, without the

consent of the Congress, lay any impost or duties on imports or

exports, except what may be absolutely necessary for executing its

inspection laws." By a series of judicial decisions it has been

determined that a State has a right to enforce laws affecting

interstate commerce when traffic in the articles thus modified or

prohibited affects the public welfare. When it is necessary to have a

police regulation to prevent fraud in the traffic of an article or for

the purpose of guarding the public health or morals, police laws, so

called, may be enacted and enforced. Around this general question

there has waged a bitter controversy which has occupied some of the

best legal minds and is one involving some difficulty.

FERTILIZER CONTROL

One of the first of the "control" measures to be enacted, and the one

which has been most universally adopted by the several states, is the

law requiring the manufacturer and dealer in commercial fertilizers to

guarantee the percentage of the so-called essential fertilizing

elements--nitrogen, phosphorus and potassium--contained in each bag of

fertilizer offered for sale. Subsequent control laws have been modeled

more or less closely after this law. Hence a description of the

operation and execution of it will serve for all.

The execution of this law is usually under the immediate supervision

of the state secretary of agriculture, while the necessary chemical

analyses are made by the state experiment station. In some states the

enforcement of the law is in charge of the state experiment station,

while in others the state department of agriculture has its own

laboratories or employs a private chemist. It is, however, becoming a

more and more settled policy to place all police regulations in charge

of the state department of agriculture, while at the same time the

chemical analyses and other scientific and technological inquiries are

made at the state experiment station.

In order to facilitate the taking of samples and in order to raise

funds for the execution of the law, the manufacturer is required to

take out a license and to make a statement of the brands of fertilizers

which he will place upon the market in the given state during the given

season.

During the spring and fall season agents traverse the state and sample

the bags of fertilizers as found on sale by local merchants. The

samples are sent by number under seal to the designated chemist, while

at the same time the agent transmits to the state officer in charge of

the enforcement of the law the necessary information concerning these

samples. Upon the receipt of the analysis made by the chemist, who has

had no knowledge of the origin of the sample, the state officer

compares them with the guarantee of the manufacturer, and if he finds

it necessary enters legal complaint. While these laws have been in

force for many years in some states and in many states for some years,

prosecution has seldom been found necessary. The honest manufacturer is

protected from dishonest competition, and the dishonest manufacturer,

if there be such, cannot afford the publicity which noncompliance with

the law would entail.

It has been customary to publish, with the results of analysis, also

an estimate of the commercial value per ton of each brand of

fertilizer. This estimated commercial value is obtained by multiplying

the pounds of each element or combinations of the element in a ton by

a value per pound. To the value of the fertilizer thus obtained is

added something for cost of mixing, bagging and freight, and something

for profit. The price per pound given to each element or combinations

of the elements is based upon the commercial value of the element when

purchased in raw materials. The price for each year is usually

determined by a conference of those in control of the execution of the

law in the several states for certain groups of states. As a matter of

fact, the price varies little from year to year.

The published figures, therefore, constitute a table of comparative

commercial values as determined by the most expert knowledge. While

not constituting a statement of absolute commercial value for any

given locality, they do enable the purchaser to determine whether the

price quoted on a given brand of fertilizer is within reason. Persons

who are unacquainted with the principles controlling the use of

commercial fertilizers may, however, be led to believe that the price

of the fertilizer is an indication of its value for the production of

a given crop. As is well known to all students of the subject, there

is no necessary relation between the commercial value of a fertilizer

and the fitness of its formula for a given soil and crop. For these

and other reasons, the publication of tables of commercial value has

been strongly opposed by some manufacturers, and in certain states the

custom has been discontinued. While granting that tables of commercial

value are subject to misinterpretation, it is perhaps fair to say that

such tables have been of most benefit, and, moreover, have been of

great value to those who were most likely to misinterpret them.

It has been customary in most states to make analyses only of mixed

fertilizers. Thus such raw materials as nitrate of soda, sulphate of

ammonia, dried blood, bone meal, rock phosphate, tankage, muriate of

potash, sulphate of potash, have not been brought under the operation

of the law. If one wishes to purchase nitrate of soda, muriate of

potash and tankage with the intention of mixing them according to a

formula of his own, he may not find any protection in his state.

However, these products can be obtained through reputable dealers who

will willingly guarantee the contents. In case of doubt, the purchaser

may secure an analysis by his state experiment station at a moderate

cost.

The law requires that there shall be affixed to every package of

fertilizer offered for sale a statement about as follows:

The minimum per centum of each of the following constituents

which may be contained therein:

(a) Nitrogen.

(b) Soluble, available and total phosphoric acid, except in

cases of undissolved bone, basic slag phosphate, wood ashes,

unheated phosphate rock, garbage tankage and pulverized natural

manures, when the minimum per centum of total phosphoric acid

may be substituted. This latter applies only in those states

where raw materials are subject to inspection.

(c) Potash soluble in distilled water.

It is possible to comply with the law and yet state the guarantee upon

each bag of fertilizer in such a manner as to mislead the uninformed.

It is not the purpose of this book to deal with such technical

details, but if the purchaser of commercial fertilizers is not already

well acquainted with fertilizer terms, he should secure an elementary

textbook on the subject or write to his state experiment station for a

bulletin discussing them.

FEEDING STUFF CONTROL

The law controlling the sale of stock foods is of more recent origin

than the fertilizer control act and has not been so universally

adopted up to the present time. The necessity for such a law arises

from the growing use as stock foods of various by-products in the

manufacture of liquors, starch, glucose, sugar, cottonseed and linseed

oils and breakfast foods. Various mixtures, varying widely in chemical

composition, especially in protein and crude fiber, were placed upon

the market. In some instances mixtures were grossly adulterated with

such things as oat hulls and ground corn cobs.

The adoption of this law by certain states has served to make other

states the dumping ground for inferior stock foods, thus increasing

the necessity for similar protection. The law does not apply to the

ordinary grains produced by farmers or to the usual by-products of

millers.

SEED CONTROL

From time immemorial it has been the universal custom of seedsmen to

disclaim all responsibility for the purity and germinating power of

their seeds. But as the importance of good seed--good in hereditary

power, good in germination, good in its freedom from adulteration, good

in its absence of noxious weed seed--has become better understood demand

for some method of control has arisen. In at least one state there is a

seed-control law modeled quite closely after the fertilizer-control law.

However, the usual method of protection consists in purchasing by sample

or the insistence of a guarantee, with a subsequent "analysis" of a

sample of the purchased seed.

The germinating power and purity of seed can be determined cheaply by

an expert within from five to twenty days, depending upon the species.

The federal government has a division of seed control in its

Department of Agriculture at Washington, D. C. Any person may send a

sample of seed to this division and have its purity and germinating

power determined, and in some of the states the experiment station

will perform similar services without charge. Clover, alfalfa, grass

and other small seeds should always be purchased subject to such

inspection, unless the purchaser is prepared to make his own

inspection, which a very little training makes possible.

NURSERY INSPECTION

There is no national law concerning the importation of insect-infested

or diseased plant stock.

Several of the states have passed both state and interstate regulations

concerning the sale of nursery stock. The insects usually legislated

against are San Jose scale, gypsy moth and brown-tail moth, while the

diseases usually interdicted are yellows, black knot, peach rosette,

and pear blight.

The enforcement of the law is usually placed in charge of a person

having special knowledge of economic insects and fungous diseases. In

addition to these police regulations this officer may, by various

means, attempt to bring into practice methods calculated to eradicate

or, at least, lessen the severity of existing attacks.

Commerce in vinegar, dried fruits, insecticides and fungicides is also

regulated in some states.

DAIRY, FOOD AND DRUG INSPECTION

An adequate discussion of the rise and development of the control in

the sale of dairy and food products would require a chapter by itself,

if not an entire volume. Suffice it to say here that the laws on this

general subject have acquired an importance in many ways quite beyond

that of any of the other control measures discussed in this chapter.

In the extent of funds handled, the number of agents employed and the

public interest incited, the office of dairy and food commissioner

outranks any other control agency. In some states the office is an

elective one, and the questions with which the office has to deal

become a part of the state political campaign.

The importance of the inspection of dairy and food products grows out

of the fact that not only is the consumer, hence all the world,

interested, but the execution of these laws touch large commercial

interests. Not only are meat packers, distillers and brewers deeply

interested, but the wholesale and retail grocers and, more recently,

the manufacturing and prescribing druggists, are vitally concerned.

Not many years ago the inspection of dairy products, particularly

control of the traffic in oleomargarine, was the chief function of

this office. To-day the enforcement of laws concerning pure foods,

liquor and drugs is of much greater importance.

Interstate commerce in oleomargarine is now regulated through the

enactment of an internal revenue law requiring a tax of ten cents a

pound on colored oleomargarine and one-fourth of a cent a pound on

uncolored oleomargarine and, further, by prescribing the character of

package and method of marking all oleomargarine entering into

interstate commerce. State agencies are charged with the duty of

requiring the compliance of local dealers and restaurateurs with the

general features of the federal law. Some states, however, prohibit

entirely the sale of colored oleomargarine within the state.

PURITY IN DAIRY PRODUCTS

Attempts to define what is pure milk, cream, butter or cheese have been

fraught with much difficulty. Thus, for example, legal definitions of

pure milk have resulted in some cows giving illegal milk. In some

instances the law has declared simply that whole milk is milk from

which no cream has been removed; in others, the minimum amount of

butter fat has been prescribed; in still others, the minimum amount of

total solids containing a minimum proportion of butter fat has been

made the basis of legal milk. In like manner full cream cheese has been

defined as cheese made from whole milk or from milk from which only a

given amount of cream has been removed, while in other instances the

minimum amount of butter fat which full cream cheese may contain is

prescribed. The wide variation in the amount of butter fat carried by

cream has caused much jocular comment and some serious discussion as to

what is cream.

While it is not feasible to indicate the laws for the several states,

the ruling of the federal government as to what constitutes purity in

dairy products under the national food and drug act may be accepted as

a general guide. A circular giving the required information may be

secured by addressing the Secretary of Agriculture, Washington, D. C.

LIVE STOCK SANITATION

The control of contagious diseases in domestic animals and the

inspection of meat products have been the chief work of the Bureau of

Animal Industry of the United States Department of Agriculture since

its establishment.

The bureau inspects all imported live animals and under certain

conditions will inspect live animals intended for exportation. It

inspects all meat products intended for export. Its inspection of

meats intended for interstate commerce is less rigid than that

exported. Meats sold within the state in which they are slaughtered

cannot be required by the federal government to undergo inspection. It

thus happens that the people of the several states enjoy less

protection in the consumption of meat than the foreign purchaser of

American meats unless there is a state meat inspection law. However,

it is becoming more and more the custom for the large packers to have

all their products inspected without regard to their destination. The

meats slaughtered in the locality in which they are consumed are the

ones that receive the least supervision.

The federal government has been especially active and efficient in the

prevention of interstate commerce in cattle suffering with Texas

fever, and sheep attacked with scab and foot rot. Through the agency

of the bureau dipping tanks have been provided in all the great live

stock markets for the disinfection of cattle and sheep when needed.

Several of the states have laws controlling the importation of

diseased animals from other states and the transfer of them within the

state. The following are the diseases most commonly mentioned in the

laws of the several states: Anthrax, black quarter, hog cholera, swine

plague, rabies, glanders and tuberculosis. The law is generally

enforced by a state veterinarian, whose acts are supervised either by

a state live stock commission or the state secretary of agriculture or

these two agencies acting conjointly.

Perhaps the disease which has required the greatest amount of

attention in the several states is tuberculosis in milch cows. It is

customary for this office to apply the tuberculin test, free of

charge, under certain stipulations, to any herd upon the request of

the owner and to supervise the slaughter and disposition of the

reacting animals. In some states the owner is indemnified in part or

in whole for his loss. The amount of indemnity as well as the general

features of the law concerning the control of tuberculosis in domestic

animals has been the subject of much controversy and cannot be said to

have reached an altogether satisfactory solution in most states.

The young farmer should clearly understand that under no circumstances

can he afford to have a tuberculous animal in his herd. The contact of

a diseased animal with other animals of the herd is certain to entail

a greater loss than the destruction of the diseased animal. The farmer

must in his own interest rear healthy animals whether or not it is

necessary for the protection of the consumer.

FISH AND GAME LAWS

The motives underlying the enactment of laws concerning fish and game

are varied. The controversies over these laws in the legislatures of

the several states indicate that there is a belief, whatever may be

the fact, that there are opposing interests; viz., those of the hunter

or sportsman on the one hand, and those of the farmer or landowner on

the other. The law of trespass has been one over which has raged much

bitterness, both with regard to the form of the law to be enacted and

concerning its subsequent enforcement. Sportsmen have usually held

that a distinction existed between wild animals occupying private

property and domestic animals. The landowner has urged that others

should not trespass upon his property for the purpose of shooting wild

animals, although his proprietary right in them was no greater.

In like manner, laws concerning the closed season, made to protect

animals during the breeding period, are the subject of extended

discussion and are being constantly changed; both because there is a

difference of opinion concerning the habits of the different species

and because the motive varies for maintaining the supply. Some animals

are protected on account of their benefit, supposed or real, to

agriculture. Other animals are protected because of their gaming

qualities, even to the extent of sometimes injuring farm crops. The

money spent by sportsmen in the pursuit of game is an element in the

varied interests involved. Humane motives and a desire to prevent the

further restriction of a not too varied fauna have helped, also, to

save certain species from extinction. On the other hand, in some

states commercial interests are involved, as where large quantities of

birds are taken for their plumage.

Some attempts have been made to introduce foreign species, as the

Japanese pheasant. It is, however, with fish that the most has been

accomplished in replenishment. The federal government and several of

the states have been active in regularly restocking, each season,

certain streams with "fry" of edible and game fish.

Information concerning the open season can be obtained from the proper

state officer. The fish and game laws are usually under the control of

a commission with a secretary as the executive officer.

CHAPTER XXII

RURAL FORCES

The United States is a vast domain. Its material resources are

enormous. Its fertile and easily tilled soil, its magnificent forests,

its great stores of ore, coal, oil and gas; its fine water-power sites

and its temperate and healthful climate have all contributed to the

making of a prosperous and progressive nation. Without these natural

resources the United States could not be what it is.

The waste of some of these resources is almost beyond belief. In

mining, one-half the anthracite and one-third the soft coal is left in

the ground in such a manner that it may never be economically

recovered. A ton of coal will produce 1,400 pounds of coke, worth

$1.50, and 20 pounds of sulphate of ammonia, worth 50 cents. If all

the nitrogen in coal which is turned into coke in Pennsylvania were

recovered, it would furnish enough of this element to supply the needs

of every acre of tillable soil in that state. Only about 44% of the

wood in the trees now harvested in the United States is incorporated

into buildings, apparatus and furniture. The rest is wasted in the

process of cutting, sawing and manufacturing into the finished

products.

Facts like these have led the nation to realize that the conservation

of our natural resources is an immediate and pressing problem. The

United States has, however, a greater inheritance than these great and

beneficent gifts of nature and a more fundamental problem than the

preservation and efficient use of them. In a single sentence, the

greatest inheritance of the American people is their Puritan ancestry.

The word Puritan is here used to apply not only to the New England

Pilgrims, but to all our early forefathers, whose traditions and

practices have served to set this country apart from the other

countries of the world. Because of the traditions which have been

handed down to us, we are healthier-bodied and cleaner-minded men and

women. We are more efficient, not merely in making money, but in

everything that goes to make a full and well-rounded life.

It is well to realize the resources of other nations. The agricultural

possibilities of France appear to the casual observer to compare

favorably with any equal area in the United States. One may see farm

land in Italy which has been cultivated for at least two thousand

years which is evidently as fertile as any of the limestone valleys of

the Atlantic States, the prairies of the Mississippi valley or the

Palouse district of the Northwest. Russia has enormous areas of

fertile soil. Careful observers report that in Manchuria there are

great stretches of country, which today possess natural opportunities

similar to those which the Mississippi valley offered one hundred

years ago. The recent stories of the deposits of coal and mineral

wealth in China are almost fabulous. Europe has rich mines, great

forests and unrivaled water-power.

Some years ago a native of Argentina and a native of the United States

were dining together. The Argentinian had served his government as

consul to Canada. He related that he had recently written an official

letter in which he had occasion to refer to the people of Canada and to

those of this country. He explained that in alluding to the former he

could say the Canadians, but the latter he could not call Americans,

since his people were also Americans. After due consideration he

referred to us as "the Yankees." "But," turning to his hearer, he said,

with great emphasis, "I do not look upon the people of the United

States as a nation, but as a new civilization." In other words, our

nation is not simply one of fertile farms, enormous mines, great

forests, unparalleled railroad systems, palatial stores, or wealthy

cities, but he saw that we are a people of different economic,

political, educational, social, moral and religious ideals.

There are in every rural neighborhood certain forces whose objects are

to increase the educational advantages, the social opportunities and

the moral aspirations of the people. This subject need not be

discussed merely in the abstract. There are in every community

concrete evidences of these forces. There is the rural church. There

is the rural school. In many localities are to be found, also,

buildings, for social and fraternal purposes, as grange halls,

structures for holding fairs and picnics. These are tangible evidences

that there are rural agencies at work in the community whose chief

purpose is to increase the educational advantages, the social

opportunities and the moral aspirations of the people.

How are these existing rural forces to be made more effective? If

co-operation in financial affairs is essential under modern conditions,

it is more needed in social matters. Such co-operation does not imply

that these separate forces shall be fused into a single one. Each of

them has its particular and peculiar work to do, but each should work

in harmony and not in the spirit of antagonism with the others.

There should be formed in each locality a committee for which the

following name is proposed: The Community Committee of Rural Forces.

Emphasis should be placed upon the word "community." Like all moral

movements, progress must come from within, and not from without. The

movement must be adapted to its environment. Like the plants that grow

there, it must be indigenous to the soil.

[Illustration: Jared Van Wagenen, Jr., has a son Jared, 3d, who is the

fifth of the name that has lived upon a farm of 224 acres at Lawyerville,

N. Y. Mr. Van Wagenen graduated from Cornell University in 1891, and is a

noted farmers' institute lecturer. He has taken great interest in the

country church and the betterment of the rural community. The view shows

the pond that furnishes the power for the farm's electric light plant.

The plant was installed by Mr. Van Wagenen with his own hands and has

proved a really satisfying success.]

[Illustration: Mr. Lowell B. Gable, Glen Gable Farms, Wybrooke, Pa.,

a graduate of Cornell University, is developing 812 acres of land in

Chester county. He has a herd of 80 Guernsey cows in milk and is breeding

Percheron, registered polling horses and Chester White hogs. Mr. Gable

has been supervisor of the township for two years, during which time nine

and one-half miles of macadam road have been built without materially

increasing the taxes. Mr. Gable firmly believes that one of the best

opportunities to be of help to a rural community lies in the work to be

done for the improvement of social conditions--"to help make what

little leisure there is clean and refreshing." Hence on return from

college he played baseball and football with local teams and helped out

at every opportunity at dances, musicales and other social

entertainments.]

This committee should be composed of representatives of the churches,

the schools, farmers' clubs, granges, fair associations, farmers'

institutes; and other organizations which are striving to increase the

educational advantages, the social opportunities and the moral

aspirations of the people.

Oftentimes the object of these rural forces is confused with efforts

to increase the financial prosperity of the farmer. It goes without

saying that the maintenance of the fertility of the soil is essential

to the food supply of the nation. The problems of the economic

production of plants and animals are of great importance to the

prosperity of the farmer. The idea, however, that the proper solution

of these economic problems is to be the means of solving the

educational, social and religious problems is simply putting the cart

before the horse. Economic questions can only be satisfactorily

adjusted through the application of intelligence and right ideas.

Let it be supposed that when a young man decides to pay attention to a

young woman that instead of meeting her at the church door, or it may

be at the railway station, it is considered better form for him to get

permission of the mother to call upon the young woman in her own home.

This is the most fundamental question in every neighborhood. What has

it to do with the price of wheat?

This illustration has been used to emphasize two points. First, there

are many problems in every community that are in no way related to the

material prosperity of the neighborhood. Second, there is, at present,

no single force in the community with sufficient influence to cope

properly with many of these problems.

A young college graduate who is now managing eight hundred acres of land

recently wrote: "I firmly believe that one of the best opportunities to

be of help to a rural community lies in the work that is to be done for

the improvement of social conditions--to help make what little leisure

there is clean and refreshing." Hence on return from college this young

man has found time to play football and baseball with local teams and to

help whenever opportunity offered at dances, musicales and similar

entertainments. Games and other forms of recreation may be clean and

wholesome, or they may be quite the reverse. It would be the duty of the

community committee to see that dances occurred under proper

environment--not next an open saloon--and that the young women were

properly chaperoned.

In many communities the boys and girls are almost wholly dependent

upon the neighboring towns for their amusement. This condition may or

may not be desirable. If the town and country are virtually one

community, there is every reason why the boys and girls from the farms

should find recreation and social intercourse with the boys and girls

of the village. It is a relationship that should be fostered wherever

possible. When, however, the town and the country are separate

communities, which prevent the ordinary social relationships, it is

usually unfortunate when the young people of the one community are

dependent upon the other community for their amusements.

A deeply earnest man recently said: "I was born and raised upon the

farm. I never knew a dull day in my life. I went fishing. I went

hunting and----"

"Stop right there," said the listener. "There is not the same

opportunity today for a boy to go hunting that there was when you were

a boy."

"That is true."

"Our ideas about such things have changed, also."

"Yes," he replied, humbly enough, for he was a man of fine fiber.

"I propose a substitute," said the listener. "There is much more

pleasure and recreation to be obtained from photographing animals than

from killing them. What is needed in every rural community is a camera

club."

When a boy wishes to go hunting, he merely has to buckle on his

ammunition pouch, shoulder his gun and he is ready. A camera club,

however, requires a social organization and a social center. The

community committee would thus be required to decide whether the

facilities for developing and printing pictures may best be located at

the church, the schoolhouse, the grange hall or elsewhere.

A little reflection will show how many possibilities such a club might

have on its social, moral and educational side. The suggestion has

been made here, however, only as an illustration of the problems which

arise when a rural community is organized for social welfare. The

organization of a book club, or a magazine club in a rural community

presents precisely the same problems. Some method must be devised for

exchanging the books or magazines. Whether they are exchanged at the

church, the grange hall or through the school children will depend

upon local conditions requiring a community committee to decide.

This community committee will do something more than reach immediate

results. It may project its influence far into the future. Not all of

life is comprised in a porcelain bathtub and nickel adornments.

Nevertheless modern methods of heating and plumbing are desirable in

the country as well as in the city. In Indiana there is a one-room

school building. In the basement there has been placed a furnace and a

gasoline engine. The engine is used not only to teach the boys how to

run a gasoline engine, but it makes possible a modern system of

plumbing.

It is well known that many of the states within the past decade have

voted to abolish or very materially restrict the sale of alcoholic

beverages. No great temperance orators have roused the people as was

the case thirty years or more ago. Why, then, has such progress been

made in recent years? In large part because twenty-five years ago, the

teaching of physiology was introduced into the public schools, which

taught the evil effects of alcohol to the human system. During the

past decade young men who studied these physiologies have been voting.

What has the teaching of physiology to do with the one-room schoolhouse

in Indiana with its modern system of plumbing? The girls between the

ages of six and fourteen are now becoming accustomed to modern systems

of plumbing. When they grow older and marry they will find some way to

introduce similar conveniences into their homes without regard to the

price of wheat. A wise community committee will find many ways to

influence future generations. Such a committee would be a priceless

heritage to any community.

The natural resources of the United States are necessary to the

prosperity of the people. The preservation and economic use of these

resources are of vast importance. The natural resources of the world

were, however, as great five thousand years ago as they are today. The

soil was no less fertile then than now. The difference between the

prosperity of the human race at these two periods is caused by a

difference in human motive and efficiency. It is the result of ideals

and knowledge. Sit at the banquet table with men who are the real

powers in shaping the affairs of the world. The chances are that the

champagne remains untouched. These men are not in the habit of

partaking of midnight suppers. They must keep themselves fit for the

next day's work. They have the approval and loyalty of their wives

because they deserve it. In other words, the men who do the world's

work are not drunkards. They are not gluttons. They are not libertines.

They are efficient because they have healthy bodies and clean minds. It

is this efficiency which the critic from Argentina saw when he said, "I

do not look upon the people of the United States as a nation, but as a

new civilization."

----------------------------------------------------------------------

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The Young Farmer: Some Things He Should Know · 第 20 / 20 章