Odd, Old News: Mad Cow in Town Caused Chaos
Cows grazing in the Arcata Plaza [Photo from HSU’s Humboldt Room in the Palmquist Collection]
Before the advent of “buzz-buggies”, pedestrians on city streets faced few dangers… apart from where they stepped. There was the occasional runaway horse and buggy, and less commonly, a cattle drive. Bringing wild cattle into town was sometimes not without incident, as this article reveals.
Humboldt Times, January 19, 1881
“THAT COW!”– We were not aware that Eureka possessed pedestrians of such remarkable fleetness until we saw an exhibition in that line yesterday afternoon. Among a band of cattle being taken to the market, was a cow that raised objections and made good use of her horns. She was “staked out” in the upper part of town and taken down alone after the band had been disposed of She met a man near the Seminary and approached him with “intent to do bodily harm”. We were enabled to get a glimpse of the poor fellow once in a while as he ran gasping up the street, but lost sight of him—all except his heels—when he went “head over heels” into a ditch. Not discouraged by this defeat, the bovine endeavored to overhaul a prominent medico who chanced to be passing by. The professional gentleman also showed marked proclivities for running, and sought refuge on a fence. One young lad desired to view the engagement from a distance, planted himself on top of a lamp-post. The question naturally arises. The right has any man to drive an infuriated animal through the streets of the city, endangering the lives and limbs of our people?
Dairy cow exhibition estimated to be at the site of the current Arcata Ball Field, home of the Crabs [photo from HSU’s Humboldt Room in the HCC Collection]
Humboldt Times, January 27, 1881
CAUTION—An item appeared in this column last week in regard to driving bands of cattle through our streets. The gentleman who was in charge of the cattle called upon us yesterday and desires us to say, by way of explanation, that there would be no danger from that cause if the people, and especially the children of the city, would use a little judgement at such times. In the case referred to, the band had been brought from the mountains without trouble, and the first indication of ugliness was shown near the Seminary, where a “band” of children and dogs appeared, almost stampeding the cattle. Trouble followed, thought no one was badly hurt. It should be understood that nearly all California cattle are “wild”—having lived in the mountains or other out-of-the-way places, and that everything except a horse is treated as an enemy. The sight of a man on foot, naturally puts them on the defensive; and the running about of children, the barking of dogs, and such noises as are heard in the city may infuriate and make them uncontrollable. We advise our people always to get out of the way when a band of cattle—especially when one of the drivers tells you to do so. Don’t stand in the street. Mr. Russ has several thousand cattle in the northern part of the county; most of them will pass through here—there is no way to go around. Look out!
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🕯🌳Good morning Kelley and thanks for the nug. Good morning read. 👍🏽🖖🎅☃️
Ongoing arrogance of cattle ranchers that usurped Native lands. It’s your job to get outta my cattle’s way!
MC-deed everything you own over to the casino owners and go back to europe. You’re as much of an upsurper as anyone.
What if they are from Asia?
Most are.
Nope- I am Native and have deeded property to my fellow Natives.
🕯🌳It was the cattle that started the destruction of California’s ecosystem. But if we follow the same steps that Yellowstone did about 5 to 6 years ago I think and reintroduce a keystone predator that was hunted to death because of the cattle. Check out Yellowstone and see how it works before you pass judgment. ⚖🇺🇸
I support releasing all natural predators back into the areas that they once inhabited. Mainly grizzly bears in the Bay Area. Turn a truck load loose on the fisherman’s ward and then we’ll talk about morals, gun control and how hard it is to run in skinny jeans.
You mean Fisherman’s Wharf right?🙄
Always there’s the same rural versus city conflicts. Even when “city” meant Eureka of the 1880s.
Sounds like a lot of Bull to me!!! ;op
I see what you’re trying to do here….and I had a cow after reading it!
I hope, delivery wasn’t too hard on you!!! ;-]]
Don’t have a cow, mahn!
Things haven’t changed much. I have a property in Trinity county and the cattle are allowed to range freely. My veggie garden, fruit trees and landscaping as well as my drip irrigation have been torn up and destroyed by the free range cattle. Apparently it is my responsibility to pay tens of thousands of dollars to build a fence to keep them off my private property. Wow!
Yup. It is exactly your responsibility by law. Most places that still have open range came about when the government placed a road through someone property against their will but they were promised they would not have to fence when it was done. So when you drive on that road, remember who provided that land you are using.
Hot wire is cheap. Just keep it maintained.
Not too serious as I have only heard of one case of allegedly fire started by an improperly installed electric fence. And that was probably by someone who tried using direct current off a battery. Modern low impedance electric fences have capacitors that delay to have to build up a charge after they send out a very short pulse. If it touches dry matter, it does not conduct. If it touches damp matter, it doesn’t run current long enough to start a fire. In fact the trouble is keeping fences from shorting out on damp vegetation and no longer working.
Open Range
What is open range in California? To answer this one must go way back to the
ancient west of the 1880’s….
At that time, barbed wire became a cheap way for neighboring land owners to
control and keep thier neighbor’s cattle off their land. Cattle do a lot of damage,
cattle damage the land by brute force trampling of every living thing that cannot
get out from under hoof. Flora and fauna are directly impacted by this brute
force. Cattle set the standard for every living thing, it’s adapt or die. Cattle
deposit 80 pounds of raw sewage on the land and the water, per cow every day.
100 cows pollute the streams and rivers with 240,000 pounds of fecies and
urine per month and the fish die. Cattle can destroy a vegetable farm in hours
or a home’s front yard in minutes, therefore barbed wire became a flash point
for violence.
The fact that a sod buster or a neighboring cattle owner could control his cows
really infuriated the cattle owners, who had become use to allowing their cows
to trespass at will. Barbed wire enraged cattlemen to the point they tore down
fences, put dead cows in springs and wells, burned out or killed their neighbors.
There was precedent for all this violence. After all violence had worked on the
Native Americans, that by 1900 were all but extinct.
When the cowboys could no longer just kill their neighbors they turned to the
courts. They began suing neighboring cattle owners and farmers alike, claiming
adverse possession of their neighbor’s land by way of cattle trespass. Cattlemen
suing cattlemen for each other’s land reached a crescendo about 1900. And in
1915 the California Legislature passed The Estray Act of 1915, the open range
law. What this did was allow neighboring cattlemen to let their cattle run in
common and it barred adverse possession claims by way of cattle trespass,
that’s it! It did not allow cattle owners to just turn their cows lose to wander at
will. It did not include U.S. Forest lands, as they are federal jurisdiction. Open
range – The Estray Act of 1915, is a state law.
To make this open range law constitutional it only allows neighboring cattle
owners to let their cows run at large in common on their adjoining properties.
To intentionally allow a cattle trespass on a non livestock owner’s property
renders the open range law unconstitutional!! See Burgess v. Rogers, Trinity Co.
Superior Court.
The Estray Act of 1915 does not allow intentional trespass, unless the neighbor
also has livestock, if they don’t then the cattle owner must fence his cattle in.
Open range does not provide immunity for trespassing cattle allowed to roam at
will, to cross and recross any public road. Putting up signs stating “watch for
cows on road” does not protect cow owners from strict liability for property
damage, personal injury or death arising from a cow car collison.
See Shively, et al v. Dye Creek Cattle Company 29 Cal App 4th 1620.
Cattle owners who allow their cows to trespass on their neighbor’s property, or
to stand in and to cross and recross the public roads are strictly liable. This also
makes the counties and the CHP libable for promoting car cow collisions on
public roads for not enforcing nuisance laws and allowing the cattle to trespass
on public roads and right-a-ways.
We should be more concerned about the possibility of a school bus filled with
children or a car full of family being killed or injured by a cow bus/car collision
than some cattleman’s cows for profit eating grass on the side of the public
road… Protect our children and families and not the petty profits of some
arrogant cattleman, who does not care one cent for public safety or anything
else except their profits.
© 2019 Bill Rogers
3
This is good info, however the offending cattle didn’t come with identification tags, so I couldn’t find the owners. I called around and one person who said she knew who the owner was called him, but nobody called me back or came to collect them. Several times when I tried to run them off with my dogs, one came at me and I was afraid for my safety. It’s not a good situation to be in.
If no one owns them, tell the town you’re going to have a BBQ. You’ll soon find out who owns them.
You can most *certainly* shoot one legally if you are afraid for you or your family’s or dog’s safety. Especially if you complain to animal control a few times beforehand. You could maybe donate the meat to a tribe or food bank if you wanted to- ask animal control if you can “hire” someone to shoot it and dispose of it if you’re uncomfortable with that.
by state law all cattle have to be ear tagged for ID. No tag illegal cow. Check with your local animal control people it has been a few years since I was involved in ranching in any way.
The article reminds me of the show Deadwood on HBO. The way they talked and wrote was elegant back in the day.