The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-11-06
CANINE pROPFRTY.

SAN ANTONIO, Tex, Nov. 5.-One year
ago sportsman of San Antonio lost dog
1t had been stolen. The thief was traced
and arrested. The dog was a trained
pointer, and the owner had refused SUI
for him. The criminal was convicted and
took an appeal, his attorneys contendlng
that the dog was not property over the
value of So and a man who stole one was
not liable to the penirentiary. The pros
ecutors said that 5000 dog was worth ten
Texas ponies, and that the man who stole
it ought to be judged accordingly. The
name of the thief was Charles Paerner. IN
confirming the sentence of two years In the
penitentiary Judge White, OF the court O.
appeals, says:
"Convicrion for the theft of dog, with
the punishment fixed at two years In the
penitentiary Whether a dog Is the SUB
iect of larceny under our statute is point
not raised by counsel either in the court
below or in this court. So far as the court
is advised, this Is the first conviction IN
this state of a felony for stealing dog.
Mr.. Justice Wheeler said in State vs..
Marshall, that by the common law the
stealing of a dog does not amount to
larceny Q3 Tex. So, but 10y statute
in England sev-re penalties are IN
flicted for stealing them. In Cooper
VS.. State g CT App, 4S9), this
court held that dogs are not
recognized as other property. and
are not subject to an ad valorem
tax. Mr.. Bishop says: OF those
animals of which there can be no larceny,
though reclaimed, are dogs. cas-, polecats,
'coons, etc. These animals may, when
reclaimed have a recogn zed value, and the
right of property in them be protected in
civil Jurisprudence. Ii Is Otherwise In
criminal In Texas, civil actions for neg
ligently and willfully killing them have
been sustained as Tex, O0). Our statute
provides that within the meaning of per
sonal property, which may be the subject
of theft, are included all domesticated ami
mails and birds when they are proved to De
of any specific value By another statute
il is made an offense to wound. poison or
disfigure any horse, mule, swine, dog or
other domesticated animal
''In Maine it was held that dogs are not
domestic animals, but there was dissent
ing opinion, which this court quotes with
approval: "A dog is the subject OF owner
shin Trespass will lie for an injury to
him. TroVer is maintainable from his
conversion replevin will lie. An action
NAV be had for his price. He is domestic
animal From the time of the pyramids TO
the present day, from the frozen pole TO
the torrid zone, wherever man has been,
there has been his dog. Culver has as
serted that the dog was perhaps necessary
:
is the frieni and companion O. his master,
accompanying him IN his walks, his
servant, with him in hunting; the play
mate of his children, an inmate of his
household, protecting IL from III aSsail-
ants
I'm New York it was held that the term
personal property included dogs, and
that the stealing of dog was therefore
larceny The court in that case said the
reason generally assigned by commou-law
writers for the rule is the basenesS of their
nature, and the fact that they were Kept
for whims or pleasure. When we call to
mind the small spaniel that saved the life
of William of Orange, and thus, probably,
changed the current OF modern
history, and the faithful st. Bernard
which, after a storm has swept the crest
and sides of the Alps. starts out in
search of lost travellers. the claim that the
nature of the dog is ssentIally base, and
that lac should be left a prey TO every vaSa-
bond who chooses to steal him, viii not
receive ready assent Under our statute
there can he no question but that the dog
comes IL with the term of domestlcated
animals, and as such is the subject of the
theft. The dog stolen was n fine pointer,
and WAS worth at least SO Bills Of eXcep-
ton present no error"
On these grounds the conviction was
affirmed. Its effect Is to affirm the right
of every man in the land to finely bred
dog, an animal that heretofore has not
been recognized as property. The Sports
mems association of San Antonio and the
Southwest Texas Gun club will hold a
meeting to take further action regarding
the preservation of their property. Judge
White will be presented with silver SER
vice worth 500, each piece bearing the de-
vice of Il pointer and broken chain. Since
the reception of the decision, the Sports
mems club has received kilograms of con-
gratulations from sportSmen'S associa-
lions of the south and west. The state
association will AXE the matter in hand
and prosecute TO the penitentiary every
man who steals a valuable pointer or
setter.