Showing posts with label animals and law. Show all posts
Showing posts with label animals and law. Show all posts

Monday, May 18, 2020

Federal Grazing Policy, 1891-1950

Harold Ickes (center); Edward Taylor (left) LC
[Longtime LHB readers will recall that for the exam in my legal history course I write an essay about some regulatory regime I did not cover in class and ask students to compare it with the ones we did.  The topics of previous essays include motor carrier regulation, meat inspection, and the US Commerce Court.  This year’s essay, on federal grazing policy, follows.  Dan Ernst.]

The federal government once owned all the land in the continental United States, except for the original thirteen colonies and Texas. It disposed of most of the land in the East and Midwest through land sales, overseen by the General Land Office (GLO), an agency within the Department of the Interior.  After the passage of the Homestead Act of 1862, Americans could obtain title to 160 acres by paying a small fee, making some improvements, and residing on the “homestead” for five years.  By the 1890s, most fertile land was in private hands, but most of the land west of the 100th meridian, a line running from North Dakota through Texas, had too little rainfall for crops without irrigation and remained in the public domain.  The land was chiefly valuable for grazing, principally beef cattle, run by stockmen in specific ranges, and sheep, herded over great distances.  Aside from scattered homesteads (ultimately expanded to 640 acres for ranches), use of the public domain was unregulated, as the GLO’s mission was to distribute land and not to plan its wise use.  Range wars between large and small cattle operators and between cattle stockmen and sheep herders abounded.  The latter conflicts were particularly intense, because sheep left grass too short for cattle to graze upon, and cattle refused to graze where sheep were pasturing.  Cattlemen referred to sheep as “hoofed locusts,” yet, as Farrington Carpenter, a Colorado stockman who will play a large role in our story, once complained, “We had no way of keeping a sheep man off a cow range.”

Saturday, May 9, 2020

Weekend Roundup

  • Floyd Abrams reviews Wendell Bird’s The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox’s Libel Act” over at First Amendment News.
  • The Federal Judicial Center has arranged its collection of its Notable Federal Trials series in this nifty timeline.  
Robert A. Taft (LC)
  • Sure, you're on lock down, but that doesn't mean you can't (virtually) browse the George Wythe Room at the Wolf Law Library at William & Mary.  H/t: Tom McSweeney.
  • A more accessible version of John Fabian Witt's lecture on the legal history of infectious diseases is here.
  • Over at the Legal History Miscellany: Can you steal a peacock? A post by Krista J. Kesselring on animals in early modern law.
  • The Hoover-Roosevelt Transition premiers on the Facebook page of the FDR Library on Wednesday, May 13.  FDR Library Director Paul Sparrow and Hoover Library Director Thomas Schwartz discuss the relationship between FDR and HH “during the 1932 campaign and the transition between their presidencies, examining their different philosophies in the role of government and the protection of individual liberty and freedom. Followed by a Q&A in the comments.
  • The Tagore Law Lectures (1870-1986) are now available here on the University of Calcutta Digital Library.
  • And also on South Asia: check out this Twitter thread by Kalyani Ramnath (@kalramnath) on epidemics, contagion, migration, and law.
    Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.