Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1883-07-21
Exaotine Fess.Under the Hog Law

There Is loud and bitter complaint ON &C.
count of the manner Ia which the hog erdi-
nance ia made the cloak for unauthorized col.
lections of fees by tho police. We are not
Of those who say that the hog ordinance can
not be enforced. As-it is laid down upon the
statute book ills the law, and the officers
should enforce 1t. We have no word of con-
domination for an officer who endeavors to
carry out the law. On the contrary we think
he should be commended. It is an old and
famitat adage, that business il business"
SO slaw is law" i. e.: a law means what 1t
says, and not what the convenience or inter-
est Of particular persons may require. Tie
hog ordinance is in these words:
section.l. That on and after the 18th day of
November, A. D. 1882, no hogs or pigs of any
description shall be permitted to run at large
within the corporate limits of the city of Leg.
ington, and any or all such hogs or pigs found
running at large shall be taken up BY the city
marshal and put in q secure place provided
for that purpose.
Sec. Q. Whenever any hogs or pigs are
taken up it shall be the duty Of the city mar
shal to make publication by hand bills, giving
a description Of the same; and if they are
then it shall be the duty Of the city marshal
to sell them separately, for cash, at auction,
to the highest bidder. The proceeds Of such
sale, after deducting the expenses of taking
up, feeding and selling them shall be paid to
the owner. or owners, provided the parties
are the owners. II the net proceeds of such
sale be not claimed within thirty days from
the day of sale, then the money shall be paid
into the city treasury.
Sec. 3. This ordinance shall be in full force
and eject from and after the 18th day of No.
yember, A. D., 1882.
Approved Sept. 1s, 1882.
We have been repeatedly told during the
past few weeks that hogs are driven to the
pound by unauthorized persons, sometimes
from without the city limits, and sometimes
from the premises of the owner. This, if
true, is a palpable violation Of the law.
We are also told that the police have exact
ed fees from persons whose hogs were inn
pounded, amounting to various sums, from
80 down, before such hogs had been adver-
tised and sold. This is q clear and emphatic |
violation of the law, and such collection of
fees Is unwsrranted by any legal authority.
No officer has q right to collect fees not pro-
vided for by law. No person need pay one
cent Of kuch fees, and any person who has
already done so has only to demand their re-
turn to secure them, or lay the person refus-
ing liable to very onerous penalties which we
have not now time to rehearse.
There is no warrant In the law authorizing
a cent of collection by the marshal or his sub-
ordinates, until after tie sak, made after ten
days notice by printed hand bill, and then
only q sum sufficient to. cover tthe expenses
OF taking up, feeding and selling" the hogs.
a dime for fees is anywhere provided in
the law or can be collected under it.
The officers no doubt should be paid for
their services, but no sane man will contend
that they have the right to exact fees at their
discretion-.to fix the amount of their
OWN remuneration.
We are further told that in more than one
Instance these fees were demanded and re-
'used' that the party threatened legal proceed
ngs' and that then the hogs were delivered
the owners without charge, thus making
between people who knew
heir rights and people who did not. l.
we say to the policemen, enforce the law,
they lind 1t on the statute books, aud 1t Is
helr duty to do SO. As they cannot lawfully /,
pay from the owners of hogs let them
make out their account, for extra service If It
3 considered such, against the city, and pre-
ent II to the council. That seems to US the
MY proper course. The law IL q botch, but
ne people are not to blame for that. Owners
u hogs Will not be very apt to pay fees on
neir hogs when they know that the law
loes not require them to do so, and in order
o see mai it does not it Is only necessary to