Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1885-06-10

from entering his lot and destroying
his garden. If cattle, horses, hogs,
ETC., were not allowed to run ut large,
lot owner would not be obliged to
fence. The principal argument used
in favor of letting cows run at large,
is that some widow or some poor man
owns a COW, and it would be a great
injury to them if their cows were not
allowed to roam at large. 1t is also
unjust to compel poor man to incur
the heavy expense of fencing his lots,
if he does not desire to fence.
This question of who is benefited
or injured is one that can not be
taken into consideration in regard to
whether cows, etc, shall or shall not
be allowed to roam the streets of this
city. The laws of Michigan have
something to say on the subject. If
the reader will turn to section 3,06S
of the laws of Michigan, he will find
the following:
SECTION 3O6S. The People Of the State Of
Michigan enact That it shall not be lawful
for any cattle, horses, mules, sheep, swine,
or goats to run at large in any public street,
lane, alley, park, place, or highway, in any
city or village within this State having
population of seven thousand or more in
habitants; and il shall be the duty of every
commissioner of highways, pound-master.
marshal, deputy marshal, policeman, and
constable of any such city or village to
seize and take into his possession as herein
provided, and keep until disposed Of &C
cerding to law, any animal so found run
ming at large: Provided, the city of Lud.
dington be exempt from the operations OF
this act.
The official population of Alpena
city is 9.210. 1t therefore exceeds
the requirements of the State law,
and unless an ordinance passed by
the Common Council conflicts with
this law, no horses, cattle, mules,
sheep, swine or goats are allowed to
run at large in the streets of this city,
and the same State law makes it the
duty of the commissioner of high
ways, the poundmaster, the marshal,
deputy marshal, policemen or consta-
BILE in said city "to seize and take into
his possession, and keep until disposed
of according to law, any animal so
found running at large"
The city ordinance is known as No.
16 of the old series, of which section
three provides that mich cows can
run at large between the hours of 5
o'clock in the morning and 8 o'clock
in the evening, but prohibits horses,
mules, asses, sheep, goats, cattle, geese
or domestic fowls from running at
large, and makes it the duty of the
pound master, deputy marshal, street
commissioner, policemen or constables
to take up and convey to the public
pound any animal or domestic fowl
which may be found running at large
contrary to the provisions of the or
dinance.
TIL city ordinance was passed by |
the Common Council, April Goth,
1872, before Alpena had 1000 inhab-
itants, and when the Council had
authority to make laws in regard to
animals running at large. Since the
population of Alpena has increased
to over 1000, we are of the opinion
that ordinance No. 16 is no longer of
any effect, and that, the general State
law now takes the place thereof. If
we are right in our opinion Of the
law, then no person in Alpena city is
obliged to fence his lot it is unlawful
for COW to run at large, and the
owner of such animal is liable for any
damage it may do while unlawfully
at large on the streets.
To make the matter sure thing,
we would suggest that the Common
Council request the City Attorney to
give his opinion in regard to whether
the State law or ordinance No. 16 is in
force. One thing is certain-horses,
asses, mules, swine, sheep, goats, cat
tie, geese or fowls are not allowed to
be at large in Alpena city.
If the State law is in force, then
the owners Of COWS, etc, will have to
take care their cattle do no damage to
lots that are not fenced. 1t is better
to know what the law really is on the
subject so that citizens can be prepar-
ed and know what to do. Like most
laws it will be injurious to some, and
those who own cows and have no pas
turage will find the enforcement Of
the law a serious damage to them.
On the other side, lot owners would |
not be compelled to build fences
around their lots and keep them in
repairs. To such it would be great |
benefit.