The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1874-01-22
AGRICULTURAL.
Supreme Court Decision on
the Stock Law.


During the past week the Saprems
Cour. rendered decision on wha
is known as the Night Stock Inv
or which provides for Dist aiming
stock doing damage in the nigh
time. I. will be OF interest 10 far
ncrs throughout the State ami full,
ser,fes the opinion of the Judiciar,
Committee OF the House, who warn
81 that BODY that the law woal no,
pass the Supreme Cont. Bat the
agricultural mem beers forced the bill
through, declaring that the people
certainly, in each locality ou.h, tc
know whether they wished stock to
run a, large or not, ami have the
privilege Ct deciding the question.
/ send the opinion in full, thai The
people may know jast what was ieci
del.
The case is Weir IS. {. T. Cram
and was brought up OH appeal from
Jones County Circuit Court.
Action commenced before JUS
tice OF the Peace 10 recover money
Illegally recovered OF defendant for
impounding plaintiffs COW. and Tor
damag claimed to have been done
by the COW, tor which she was i'm
pounded. There was = lsment TOR
plaintiff before the Justice, an1 ike
payment on verdict or an appeal
in the Circul. Court The defend.
ant appeals. The facts in the c'se
appear in the opinion.
Beck, Chic: Jas.ice.-Tne parties
70 the salt reside in Monticello. In
March, 1s72. at 6 o'clock IN ti,
morning, defendant, hliing plaintiff ;
cow in his lot, took hcr NJ and in,
pounded her, directing lie o.foer
w-o hal charge OF the pouul, 20 re
tain her until small sum was pait
for the damage dona by the animal
The plaintiff s.,a released the COW
tr IN tha pornl by paying the sum
Of seventy hre cents to Tia keeper,
which MAS the amount charged unie
the town ordinance establishing th'
pound. To recover III, m oacy thu
paid the suit IS brought.
We are reqairel 10 determine il
the case before us, whether the co ~
was legally lmpounIe1. II reaching
q conclusion upon tins inq Try, We
6ni it necessary to consider an or
dinance Of the town Of Monticello
AMI two or three statutes o. the
State.
The ordinances OF the town pro
,ides that all horses, catiles, etc
shall be prohibited from running a.
large in asy Of the streets, alleys OF
public places, etc, from the lst 0
April 20 the lst OF November In eaUl
year, from one hour after the setlin-
Of the sun until saarisc next morning
and from the 1st Of November til
the l.t day OF April oil each year
from 10 O'Clock in the forenoon til
4 o'clock in the afternoon.
The ordinance provides tba. The
city Marshal or any citizen may take
up and impound any animal running
ut large, ID violation ofthc ordinance
which, however may be release up
on payment OF co,,s and expenses 0
keeping it.
II Will be Observed that this orli
nance is intended to prohibit animals
from running at large within certain
hours OF the day or night, varying al
certain seasons OF tie year, and tina
plaintiff CIV was taken up and i'm
pounded at a time when the ordi
nance did not prohibit cattle runnin.
at large; it has, therefore, nothing &c
do in this case.
Chapter 144, acts OF Twelfth G
eral Assembly, section |, provide
that ANY stock taken in the act Of
doing damage between the hours OF
sunset and slnrise, may be dist II ID
by any person or persons whose prop
erty is damaged whether
the fences surrounding such prop
erty are lawful or otherwise. The
other sections OF the act direct the
notice to be gwen to the owners, and
the proceedings to be had after Il.
stock is distrained and lmpounded.
This provision need not be further
natlced. The last section OF the acl
is in these Wcrds:
At the regular session in each year
majority Of the B,arl CT Super.
visors in each organized coanty in
this State shall determine whe her
the adoption Of the provisions 0! this
act shall be submitted to the legal
voters of the county at tho ensuing
general election, and it tie Super
,isors SO declare, there may be writ
ten or printed on such ballot cast The
sentence following: "For the Sloc..