National Republican., 1873-02-05
DOG.
A VERY INTERESTING CASE.

The dog, which has been long a subject Of In.
tercst in natural histories, came before the jus
tees Of the general term yesterday In his legal
aspect aud that body was called upon to deter
mine hs rights and liabilities. The case involved
onestions which went to the foundation NJ the
common law, and was considered with very much
more gravity than II was al first supposed woud
attend II. The high character and legal condi.
tion Of the appellant ~ the case, and me con;
the matter, gave a certain dignity TO the case
which was often threatened during It's progress,
by the exuhemnce q humor that would Greer
WHOSE Doa WAS IT7
The case came up under the title OF Mayor
&C., Washington, Ya, r. j. Meigs, and u an ap
peal for aleclslon OF me circuit Coutt sustain
ing the right Of the old Corporation TO levy dog
Among the ordinances Of the late Corporation
of the city Of Washington IA one passed Januar,
Il, lshs, enactng a. follows:
!. 1t shall not he lawful for any person resld
ing within the city Of Washington, to own Ol
Keep any animal Of the dog kind without obtain
ing from the register Of the city, license to dC
40, and such stamps and Insignia as may fron
time to time he designated by the Mayor; To-
which license and insignia or stamps, he shal
pay the sum Of two dollars per annum u a mali
animal, and i've dollars per annuin, u o femal'
7. Imposes forfeiture of not less than nv,
nor more than ten dollars for failure TO ohtall
fnN license. dts, " tue I've
less than ten nor more than twenty dollars II IN,
animal he female. NNebb's Laws Of the Cor
poration, 1871, i22)
The defendant was arrested In an action o
debt for this forfeiture, In the manner stated II
! his petition for the certiorari and adJudgcd u
pay five dollars. And II is 10 reverse this iudg
| inent, or quash the magistratcs proceeding.
that this case has been brought before this court
Mr.. Melgs said that the question for the cuuT
! Ia lust the same as, II In such case, commence
| In court, the CLERK were 70 issue cdPidS al -
-pcndrndHg', aud the defendant, being areste
! and held 10 hal, or IN default thereof, CON
| nltted, were to appear here and move to he dis
charged, and to quash the odpiIs.
The defendant Insists that this motion ongh
| to prevail
/. Because, though In England and esewher
a man may he arrested for q debt due by con
tract, be cannot be arrested and held to hail O
imprisoned for q debt incurred by an alleEe
Violation OF a penal enactment. For that woul
he to presume his Indebtedness, In other worli
his guilt whereas his Indebtedness must h
judiclally found upon proof n guilt; and the
inc Judgment may be enforced by a cdpids d
! s1igfdcirnditH.
The frst process must he summons, and tn
has been the practice In all ages Of the cOmmo
law. Il Tidds Practice, lI2, citing Yelyerton 3
Giberi's Com. y. 81; l Barnes, 81; Chltt's Arcl
holds Practice, 196)
2. Because a dog IL property, and the corpor
ton of this city mad no power to enact the ord
I nance referred TO. II can no more assume
! license the keeping dog than II can 10 llcen
! the keeping oi horse. Property In this city
; not held upon such tenure. The charter max
. no distinction between domestic animals, n
!. did the common law. The same rules OF IN
u system, that regulate property In the horse a
q ply to property In the dog The citizen IN
maintain the same actions for killing, woundiT
or otherwise inJuring him, and for entcing
c taking him away a. he can maintain for I
n same wrongs to his property In the horse. Y
may justify an assault and battery, commit
to protect your property in your dog. lfyod
he goes TO your executor Just as your h0n
You must answer for injuries done by your Il
, Just as for injuries done by other domestic a
i mails; a hutting ram and biting dog stand on I
\, same common law platform.
. In support Of this view Of the question
!, Melgs introduced number OF
a OLD BLACK LETTER BOOKS
= Of the time Of Queen Elizabeth and anterior,
which the law Of dogs was settled. AmOnI
number Of such venerable prcccdents he quot
9, from black letter edition Of Croke the folio
ing precedent In Queen ElLabeths time:
TnE LIGHT OF OTHER DAYS on THE DOdd.
1.-THE plaintiff declareth, that whereas he "
pOsest Of greyhound, which came TO the
: iendant's hands by trover. that he promised
, deliver II upon request, and the defendant
= demur upon the declaration, Lee argued the
: tlon did not lie for being out Of the plaintiff
possession, he had no property in II, being ya'
nature, "a EllZ. Dy, 800, i2H 81 and by a Rra
: Of omHd hdnc II catdlid, a dOgg paseth not. tTa
: neld contraN lie agreed that II It were .fsrao ~
= urT there was no consideration OF the promii
hut dOgg Is a thing that IA tame by industry
man, and the law regarieth as any other hca
and Ia Of as good use and there be four kinds
dOggs which the law regards, viz: massive,
hound, which comprchends greyhound, spa
lei and tumblef, and he had seen precedent
u Henry I, rat, rs.
"where In trespass OF assault and battery I
: defendant justified that !. 3. was possessed Of
dog, ut de c0RN propTsis, and delivered him
4 keep, in which he resisted him, and In defen
A and custody OF his dog he beat him, and the hI
which he had was ds assault dcBSsns. u
> plevin llsth Of ferret, which Is OF more Ia
, nature.N
Mr.. Meigs said he had been charged with
, portentOus cfime-the only one he hal ev
been artatgnetl for-kecplng dog. tLanghte
lie read amid much laughter directions 10 I
officer TO take X. J. MeIgs and him safely kec
That was a consolation to he safe, tlauRhte
and commented upon the ahsurdlty OF such
law. lie would get up at midnight any time
resent little brief authority exercised IN
, tyrannlcal way by creatures into whose nOstr
we have blown the breath Of life.
lie described his arrest, when he was taken
. O policeman and escorted, with all the tOrmi
ities Of law, to the magistrates once, charg
with the pOrtentOus crime OF keeping ms
dog. Another gentleman was at that ON
In the very delicate language Of the statute,
female dog" In the AnRo-SaNOn II was called
h-h or slut, but our lawmakers had tongues
: delicate for that.
The power OF the corporation TO ruise revcn
from property Is restricted to the method
taxation.
The seventh section Of the charter declar
authority to lay and collect taxes upon the r.
and personal property within the city,"
stAtutes-At. Large, bs6.l
And, In order TO collect these taxes, the val
OF the property must be assessed by three
spectacle freeholders, who shall determine
value "agrceably to what they believe the pru
I sriy to he worth In cash at the time Of the VI
uatiOn." a Statutes-at-Large, u, 10Y
ANY ordinance Of the corporation or act
Congress transcenling these limits would be
violation Of the declaration OF rights, C'lS,l win
oar al nor aaRal
cause the cessiOn Of the District was male al
, accented upon the condition that
The laws Of MARYLAND, a. they existed on q
2Ith Of February, 1901, shall he and continue
= force In that part Oi the District which W
y CedCd by that State tO the United states, and
. 1857
I The defendant insists that the true Interpl
u tatiOn OF this compact IA that the laws OF MAJ
land then In force In the District, which I
state Legislature could not repeal, are not
, pealable by Congress.
. Congress has power "to exercise exclusive Il
. isation IN all cases whatsoever" In the Distri
~. ). Const., art. /, sec. |, clause II; Locke
, | Govt, sec. i4l)
1, But the power to leglslate will hardly be &C
" sidered To embrace the power to repeal decla
n tOn OF rights, which Is only an explicit ASSERT
." that the provisions Of magma chaTta and Otf
4 similar ones enumerated In the declaration
" In force.
a Al all events the constitution Of Maryland a
) the declaration ot rights and the acts Of
Alt
~ remain In force In the District, and II viii
= time enough to consider the question Of rept
i Ing any Of these when Congress proposes 10
q" errse the power. Then, possibly, II may
, found that, what the OmnipOtent PaTiam
' OF Great Britain has never had the nerve to
+ tempt, no mere Legislature In this country
. ever been endowed with power to dO. No .
!, pie In this country have ever been 30 stupid a'
~ commit such power to any OF their agents.
- Hence, when this District was ceded 10
> nation, the people carefully enacted the sole
!, stipulation above mentioned that the safeguA
|, already provided for the security Of their al
4 lutte rights against aggression should remain
;, force.
y Tue method OF Altering changing or abolish
the constitution and declaration Of rights Is y
, vlded by the b0th section OF the constitution
NJ Maryland, and that method Is also condition
" the ceAsiOn.
The dog Is liable TO hydrophOhiR, and he 10
n mutton, not wisely hut too well, and his subll
n devotion 10 his friends sometimes leads him
T. too intense dlstrust Of strangers, most Of VIII
no II disposed to treat as enemies
N IL IL said that these characteristics give TO I
+ inequalities the right to put him under string
= police regulations. Granted. But should
the regulations seem TO be adapted, In 90
N measure, At least, 10 prevent the occurrence
! the eyils7 Now, pray, will collar aud lnslg
hinder the dog from biting men or chas
IA sheep, or impaTt 10 him the power to discTi
10 nate his masters friends from house breakers
ID II the regulations have NO such tendency, u
we not suspect that the apprehension, as plea
p as an excuse for them, Is only simulated to ~
tify an excessive taxi
h. Does not the authority to provide for lice
y ing, taxing aud regulating auctions" sc,
Clude tho power Ia regulate the OWNERSHIP
any Of the various kinda OF prOpertyT % 81