The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-08-18
AT Law AGAINST ANIMALS.

Responsible.
The singular practice, common In the
middle ages, Of treating animals - morally
responsible beings, and subjecting them as
such to civil and criminal processes ut law,
probably had its origin in the provisions of
1.-The Mosaic code: 'If an OK Roreth . man
I or woman that they die. them the OK shall
surely be stoned, and his flesh shall not BE-
eaten" In theeye Of the Hebrew legisla-
tor the actual murder was everything, the
|pgininal intention was Of small account.
0stAnge as it may appear, the rule thus
laid dawn was far from being unique, leRis-
lative acts against animals being common
among the nations Of antiquity. Scion or
Ia aimed that "a dog which had bitten,
should be handed out to the authorities fet-
tered with shackles four ellis long" SINH
Ilarly, by decree Of Draco, not animals
only, but even inanimate things, which had
caused death, were ordered to be removed
from tho country. The balance Of justice
had somehow to be struck whether the real
nature Of the punishment could be under
stood by the sufferer or not; for, AZ 6uidss
tells us the Athenian judges, in default of
the murderer himself, were accustomed to
pass sentence upon the sword or dagger
with which the crime had been committed.
A good example Of the strange proceed
Felix Hemmerlein, famous medieval ju-
rist. I'm the environs of Coire," writes
this authority, there was once sudden IT.
ruption Of caterpillhrs. They enter the
earth at the beginning Of winter, attack the
Gus teeth that, at the return of the spring,
the plants, instead Of budding, dry up. The
Inhabitants cited these destructive insects
before the provincial tribunal by three con-
Beoutive edicts; appointed a council and an
attorney for them, observing the formali-
them with all requisite solemnity. Finally
the judge, considering that tho said larvae
were creatures Of God. that they had right
to live, and that it would be unjust to de-
prive them Of their means Of subsistence,
delegated them to a woody and uncultivated
region, so that for the future they
might have no pretext to devastate the
cultivated land. Thus it was done; and"
adds the narrator, "the same thing was done
IN the diocese of Constance" In similar
way the inhabitants of Coire acted when
pest Of beetles made its appearance. They
cited the insects, and, as usual judgment
vent by default. Here again, portion of
land was set aside specially for them; and
No are seriously informed that the beetles,
atisfied with the treatment which they had
deceived, gave over trespassing and never
again attempted to overstep the prescribed
boundaries.
Under date Of the 18th Of November, 1881,
IN entry in the registers Of the municipal
council of Thonon, runs thus: Resolved,
hat the town shall join with the other par
shes Of this province in obtaining from
|ects and that it will contribute pro rata to
he expenses of the same."
Equally strange, and perhaps even more
triking. are the criminal processes in
xhich animals had to bear part. When
beast at any kind-in the majority of
bad been guilty of causing the death Of
human being, legal proceedings were taken
gainst it which in every way resembled
hose instituted under similar circumstances
Rainst man. The proper forms were
zone through in all solemnity, and sentence
ut: The execution took place in public;
nd sometimes it would appear that the
Unfortunate animal was dressed up as man.
p an account OF the expense incurred in
connection with the prosecution of a SOW
hat had devoured child. We find items
or the prisoners keep while in jail. pay
aent to the executioner, and outlay for
art, ropes, etc., used in conveying the
Fininal to the place of execution.
One such case, which will serve as sam
lie, occurred on the 10th of January, 1857.
entence of death was then pronounced
gainst q SOW which, aided by six young
mes, chad committed and perpetrated muir
or and homicide on the person of Jehan,
pn of Jehan Martin, aged years." After
formal trial the judge declared the SOW to
'con6scated to the Justice of Savigny, in
rider to suffer the extreme penalty OF the
~, and be hanged BY the hind legs to a
Eee." The sentence was fully carried into
feet.
Proceedings of this description were still
pmmon in France during the seventeenth
enturv. The latest instance seems to have
ccurred in Parton az late as 1741. In this
tho Nrir oil .