During the early years in the Old West, the range was open to everyone. There were no fences. (Ranchers, however, would band together to establish imaginary boundaries or lines that were jealously safeguarded by hired line-riders.) The fencing laws that developed in the West were based on this "open-range" concept. These western laws are referred to as "fencing-out" statutes. Responsibility for acts of cattle and other domestic animals was (and still is) determined by the fencing law in effect. If a farmer wanted to grow crops or make some use of his land, it was his responsibility to  "fence-out" domestic animals. If he failed to do so and subsequently suffered a loss, there was no liability on the part of the animal's owner. Eastern and Southern states were "closed range" or "fencing-in" states. Under this system, owners must restrain their animals on their land. Failure to restrain or "fence-in" their animals could lead to liability for damages caused by their wandering animals.  The following verse concerns an incident in a "fencing-out" state.

AUNT B'S BLOOMERS

The law out West is "Fence stock out". Out East, it's "Fence stock in." But jist as far as I'm concerned, the Eastern law should win. That bull of ol' Tom Clancy done tore my clothesline down. It gored my pair a bloomers; then took off straight fer town. It's out there somewheres runnin' 'round... my bloomers on its horn, fer all the bloody world t' see- all muddy, ripped 'n torn. It headed straight fer town, it did. My bloomers waved goodbye. I called yer Uncle Henry out and thought that I would cry. My brand new bloomers flyin' like some riddled battle flag; a wavin' on that bull's horn like some old kitchen rag.

Well Henry started laughin'; and he hee-hawed out,...the cur..., "No one's gonna git into yer bloomers that's fer sure." That mangy no-good hound dog. He thought it quite a  joke. my bloomers waving back at him. I thought the man'd croak. I didn't think it funny much.... my drawers on some bulls head.... so I gives Hank a dirty look, n' this is what I said, "Yer humor  sucks; but there's one thing on which we both agree... there's NO ONE gonna git into my bloomers! Wait 'n see!!!!!                      Bette Wolf Duncan ©2001                         All rights reserved.

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