The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-08-08
DIR. MULCAHY'S VICTORY.
The Newark Dog License. Ordinance
Evidently Illegal = The
Writ Granted:
Special to The JERSEY city Ns,s..

august ., 1895. - MulcAny
has come out ahead in his fight with th5
city authorities in the matter OF the dc q
tax. According to the provisions OF the
city ordinance male dogs are taxed So
and female dogs IS. DR.. Mllcahy con-
tended that this Discrimination Is Ill eaal,
and made application tor i writ TO re-
strain the dog warden from seizing bis
pct Fannie, when he refused TO pay the
Illegal fee. The hearing III the matter
took place yesterday before Judge Dspue,
acting as a Justice of the Supreme Court.
Counsellor Edward b. Kenny appeared
for DR.. Mulcahy. Wills the clty's intef-
ests were looked after by City Counsel
Guild
Counsellor Kenny argued that the or
dinance WAS illegal. c~uutending anon
other things, as follows:-
1T makes an unjust anil Illegal dis
elimination between male logs aud
Fauny, in that it provides than any OF
the former may be licensed for 80. while
for FANNY IS must be paid; it creates the
Office of Dog War.en, mn office not recos-
nizsd by law: 1t provides that il the
license fee De not paid the dog shall be
seized and aiken 10 rne dog pound. while
the act Of the Legislature Dsosidttix for
the licensing of dogs, app.ovett Marcia 10.
1893, provides that tDe nmount of tire
accuse fee shall be assessed aud collected
at the same lime and la Ins saiRe niannar
that other taxes are collected; it provides
for the seizure OF unlicensed do1s ruiz
mug at large, II W not graiibsd by
fhe Legislature; IL provides u I,enaisy of
$50 for violations, II power not grautet ay
the Legislature noc by the city cnArtsr.
In fine, being an ordinance approved on
Juue II, it directly clUflicts with the Law
above referred IT,, which says:-"FhAt iG
shall aud may be laWfui for the Common
Cou Icil, on or before the first day of
May In each aud evsry year, t. provide
by resolution the amounJ OF license fe.
for the ensuing year TO BIZ pald Try the
owner OF every dog within sueh city.'
III arguing these points Mr.. Kenny said
that the Dog Warden had received ~liceuse
fees M 10 date for e03 male ,andll5,fe -
male CO.'S. From this I've arg6ed, ihat
male dogs must be in The majority. aud
bv that very fact are u greater past than
female dogs.
.'The difficulty with the gentleman,
said City Counsel Guild ia reilly 10 Mr..
Kenny. us that he labors under q nlls-
conception of the facts. This nrdt4faiice
Was, drawn by me, and Of all tns or1in-
ances passed by the Cotnillop Councti.
noue, | co nsider, is msrs important tttAn
it Tor the public safety. This iordiuauce
was not drawn rs my frieih Rup1oses,
under tile law passed by tne Legislature
this year. 1t was based on Tue CHI arter
of tnoScity OF Newark. Ynn will tiud the
autnoritv for ib on page (nsre he named
the p1Ge and s%ectiou) which gives
p1wer-"
Mr.. Guild pausel IL moment and Judge
Dupue put iu dryiy:
Power To do 'most anything"
III had knowu of rhis law OF 1884,
| said Mr.. Guild. II would have wurusa
the ordinances TO read difsre tty.p
Suppose. Mr.. Guild,n said the Judge,
shat tue Law of 1888 was on. of tile
question, is your o~reluance within tile
SCOPE OF The ctarter. aud Is 1t enforced In
accordance with it?"
mo, your honor" admitted Mr.. Guild.
"Then you need some e~xtrstneou4 legis-
lation outside OF the charter to iiake The
ordinance vatid?" asked the Judge.
III is absolutely necessary" admitted
MIR. Gould. He continued: "Ths ordi-
nance Is in conformity with erdl1a nee
for the same purpose pissed In all paris
of the country. Your Homer very we'll
knows that tbs Old systeM OF giving re-
wards Tor dogs brought to the city
pound was simply y schooling for
| thieves"
Il am unwilling" sid Judge Depue.
ITO interfere Ia the slightest degree, TX
cept Oh the most stable grounds, with
the methods a iopted ~ the city govern
ment in the matter. The right to tax
logs and destroy those that are untaxed
is right Inferred from The provision of
n great many Gu irters. IL the penal
part uf this ordinance Is excessive. or
has no warrant FROM the Legislature. Il
may be set aside. / do not think that the
ordinance eau be set aside just because Ii
discriminstes betwesa male aud female
dogs.
Il will allow this writ, bur It will not
operate as Il stay, bee auss | do not wish
to question or interfere with the right OIL
the Newark city government 10 put III
end to tue running Of dogs at large IL
ONE other manner than that which has
obtained heret 1fore. If the ordinance be
declared illegal the fees eau be refunded
SO that NO Que will suffsr lo$s.p