The Crosbyton Review. (Crosbyton, Tex.), Vol. 1, No. 44, Ed. 1 Thursday, November 11, 1909 Page: 1 of 8
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>THAT INJUNCTION."
CROSBYTON, CROSBY COUNTY, TEXAS, THURSDAY, NOVEMBER 11,1909.
M- '
Some Interesting Statements
From Atty. J. W. Burton *
The C B Live Stock Company
m
has obtained in the District Court
at Emma a temporary injunction
<which is printed in full" else-
where in this paper) ^against;;
various parties named therein re-
attaining them and all other per-
sons from tearing down the fence
located three miles south of town
on the —N— lands, and from
trespassing, upon said lands. J.
W. Burton, attorney for the
company, returned from Am-
arillo Monday evening with the
injunction which had been or-
dered by Judge J. N. Browning
of Amarillo. and which was
filed with the clerk of the- Dis-
definitely and finally determined
by an impartial court.
"In order, though, that all the
people may know the position
taken by the C B Live Stock
Company a short history of this
matter might be opportune.
The land in question was pur-
chased out of the open range by
the C B Live Stock Company; it
had..never been fenced, but had
been left open to the public from
time immemorial, and the public
had traversed it from east to west
and north to south ever sines the
white man first made his ap-
pearance on the south plains of
Texas. The traveling public had
selected what road it pleased
across this land, first usintr
place and then another as
suited its purposes. But
proper authorities had never de-
clared a road across this land and
trict Court at Emma on Tuesday. I had never exercised any "author-
A reporter for the Review called i ity in any way, shape or man-
on Mr. Burton yesterday and, ner. It is stated, though, by
asked for a statement as to the!some, that although the county
•contents of- the petition un which. officers never laid out a road
the injunction was issued and jacross this }an.(L-stm-the.^ablk.r^
the attitude ~of"wie C B Live | has a right to this road by pre-1
Stock Company in the case. Mr. jscription. The Supreme Court!
ROSB
OUNT
Burton said:
"This Hra petition
junction to restrain
wnomsoever from
with this fence out
from trespassing upon the lands
for an in-
all persons
l_l_— of the plaintiff at that point.
: This company is the owner of
the land in question and in the
it^ authority
over its own land erected a fence
so as to enclose this particular
tract of land for its exclusive
of this state has passed on this
question a great many times and j
has held repeatedly that in an
interfering j open country, such as this jias
south and always been, a road cannot be
acquired by the public simply by
long continued usage, unless
that usage has been of such a
hostile and adverse chara?ter as
to put the owner on notice that
the public considered that the
road belonged to it and not to
him. And they have added that
Our Booth at the State Fair, October 1909
Afterthoughts
Of The State Fair
~ o
Thoughts of Interest by Crosby's
Representatives—"Like a
Family Reunion."
The Texas State Fair of 1909
is-over, leaving only recollections
of that annual event at Dallas;
purposes. - There is nothing ex-1 simply because the owner of land
traordinary in that, as this coun-j* kind enongh to allow the pub-
try is growing very rapidly, and | lie to travel across his land, that' that it is an event of which
the owners of land, both large; that is no reason why they should j memories remain there can be
and small, are constantly enclos- eventually take his land away • no doubt. Few State Fairs are
inar their possessions so as to ex-' from him altogether. of such magnitude and impor-
clude the public. j "Now, that is our position in j tance, or interest anything like
"In this instance, as in many this case. We claim that this j as wide a territory.
other cases in this country, the j land was never acquired by the | The gathering of counties
people had been traveling across public in any way, but that the! there is like a great family re-
this land to some extent for a use they have had of it has been
great number of year3, and when . simply permissive on the part of
this fence was erected, not being j the former and present owners,
acquainted with the true state of; This'company has no desire to
affairs, they felt that it was an j stop the public travel, but has,
imposition to turn them into a on the contrary, used all its ef-
new road. In addition to that
they were advised by some of
the residents of this county that
the road had been used so long
that the public had acquired a
proscriptive right in this land,
and that they should tear down
the fence and proceed across this
lahd as usual. Of course the C
B Live Stock.Company could not
tolerate such actions as that, but
did in fact put-up with them.for a
long while thiriking that the peo-
ple would in time understand the
matter correctly and cease such
toUem The greater number Th(>re js no neei of the public
the people who tore down this ; ..—... _ v. r;._;
feSKTvere of a nomadic char- travel,other road whffl
acter and unknown to the prtairi-
tiff in this action and would get
beyond the jurisdiction of our
local courts before any process
could J^,,^twed-4ipoii^ thenv
Hence the Company deemed it
i this sui t, which
be iri the nature of
I tA , thft
IT tv uotavllOlt wW
tact statuo of that alleged road.
This is the proper mode to pur
sue in th1o«rm a ajfttfsvewy
I think will meet with
approbation of all the thinking,
of the county and can be
forts to facilitate travel, and has
given the pubttc a road three
miles north of this place through
its pastures, which has been ac-
cepted by the County Commis-
sioners, iand on which it has ex-
pended nearly $1,000 of its own
money.
same general direction as does
the road south of here and reach-
* ,
es exactly the same points, and
is a far better road, and connects
directly with the road be-
tween Crosbyton and Emma.
union; each one present is drawn
closer to the others; each con-
tributes to the support of all and
to a common success. It is too
wide and general for any one or
individual interest to be greatly
advanced beyond others, but it
is a union in which all combine for
mutual benefit and advancement.
Intimacy and sympathy develops
between counties thus brought
together, and the disposition
manifest to do what they can to
This road runs Tn the 1 prcTmote therr own interests and
the general cause is a sentiment
that highly commends itself.
HenCe it is well worth while to
be at the Fair, and to be there
with good representation in all
respects; the best the County can
contribute. Nothing short of
tfttgrtoe^the county justice, and
i a good one is at hand.
"This matter will come up
at
the next term of court and then,
no doubt, be finally adjudicated."
Hi' e
An oyster supper will be given
ments, private enterprises.* Noth-
ing but discouragements and ob-
stacles for all such, or for * any
thing that creates other than a
stagnant fool, an undisturbed
slumber; the conditions of the
past maintained and protected, a
do nothing, permit nothing policy.
This is for the people of Cros-
by to determine; it is their priv-
ilege; with effort one course is
open, without effort the other.
Effort?, have been made, as re-
sults show, and continued efforts
will bring much greater and bet-
ter results.
As a county Crosby can stay
out, and all can wait if "needs be;
it is up to her people, they must
CORRESPQJND
. ______ " '' ■
. -r
from over the county
Alltnon News
Editor Crosbyton RevfiswF"
ME.
■. i.r
Well it i> looking a--little bliifl-
/" 4 "i?
tery again today.
Mr. A. Zundelowitzof Wichita'. |
Falls was the guest-of Uncle
Dave Allmon the first of .last
•week. * t
Ed Allmp^aud family have re-"
turned to Mexico where tfiey
will hold down their claim.
Mrs. Bert Allmon was called
today ta the bedside of her broth-
er who is dangerously 4ick at his
home in Plainview.
Misses Lizzie and Dixie Mag-
ness were the guests ot" Mrs. D.
C. Allmon last Sunday.
Chas. Allmon attended church
at Petersburg today.
Bert Allmon made a business
trip to Floydada yesterday, re-
turning today.
J. S. Cash and little children
were, visiting at the latters.
Mr. Ellison of Crosbyton was
the guest of Uncle Dave Allmon
last Friday night.
The school at Allmon'is pro-
gressing nicely.
There was a debate held at
Petersburg the past week, be-
tween a Baptist and Christian
preacher, quite a good many at-
tended.
Well as news is rather scarce
I will close.
Wild Bill.
P-'.'H :>/
m
'v>:'
-w-
■>.
Cone Doings
Editor Crosbvton Review: ••••«'
The farmers around Cone are
about done gathering their crops.
There is not muqh cotton to pick.
What there is will soon be picker!
out if the weather otays pretty a
little while longer.
Mr. Montgomery, of Emma,
up his gin for the1 first time
near hirn and
the higher standard
make their choice and accept the i j
results, each in proportion to j .
their possessions, influence and this morning to begin the sea-
responsibilities. I son's ginning. There are sever-
Crosbyton Commercial Club jal bales ready to gin.
By Committee, j gro tfussey preached his last
«— sermon, for this conference year
Road Notice. at Cone, Sunday at 11 o'clock.
In orjer that the public A very eood crow(i was out to
traveling from Lubbock
and Emma to Dickens may
be saved extra travel and loss of
time, Thereby notify them that
the road three miles south of
Crosbyton on the — N— land has
been closed, and an injunction
granted by the District Court
against any one trespassing upon
this land or taking down said
fence.
By taking the main public road
east of Emma and passing
through th§ lane <jR3re6t1y east;
thence-north and then east again.
more inspired are others. It is
a question to do~dr not to do; to
be in it or left out; a worker oil
a laggard.
It involves hard work,, closi
application and expense; but we
are glad we undertook"the Fair,
and made Cro8by County one of
the irreat family; and we hope
they will have aigoodLjroad andj-
will meet with- no obstructions
and as the country is now fenced.
cfte ScrrnOfr Was h
t^ery^>le~one—and- most helpful
to his hearers. After the sermon
a shprt church conference was
held to attend to business mat-
ters pertaining to the good "of the
church. - ,
Mr. Neal Goggins returned
last week from a month's so-
journ at Rogers, Texas • Neal
has never told what his business
to Rogers wa«. He may not have
had any busin$&§& but just went
for his health, as he has been1
vf- ^ i '
poorly this summer.
Mra, Henry As^iter"
Thursday, Nov. 1ft, by- Mrs.-jfc
White for the benefit of the U
ture Falis, aud with better
ntatioiurflarbyyear.
h« «<«■• ■] *hts mwI ilw KfH' o;
" sentiment of
and settled this road is practical-
ly good and straight.
' JULIAN M. BASSETT, -
Manager (r B~Live Stock'Qom-
pany, 'Crosbyton, Texas.
was quite
sick a day or two lkst weeliu
is up and abcut her uanaTBi T7T
""Be' sure to^hear Prof^ Cannon's
lecture Saturday night.
Rev. Joseph A. Land will
hts -regolar- appointment—]
Sumhryr~~Eve?^6b3y come out
and enjoy a good sermon
''...■,-V.ft
again. Baby Assitef^
daughter, of Mr and
Henry Assiter, was
yesterday and last night, but is
some better at this writing. Dr.
J; G.-1 D^ai is in attendance
both cases.
Mr. and Mrs. R.
prettiest girl
also
ot
1K Sp
a'. MM
KJ
have-srfiewaf
Itis a girL.
jifiaij#,
| 1
111!
||W
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White, F. E. The Crosbyton Review. (Crosbyton, Tex.), Vol. 1, No. 44, Ed. 1 Thursday, November 11, 1909, newspaper, November 11, 1909; Crosbyton, Texas. (https://texashistory.unt.edu/ark:/67531/metapth242162/m1/1/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Crosby County Public Library.