New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-09-02
JUDGE G.AYNOR ON DOGS.
DECISION OF INTEREST TO EVERY OWNER AND
LOVER OF DOGS IN THE CITY

" pfNisiON Of INTEREST TO EVERY OWNER AND
LOVER OF DOGS IN THE CITY.
A learned dsquistion the dog the friend Of
man is embodied in a decision handed down yeste--
Jay py Judge Gaynor In case before him In the
Supreme Court. Police Justice Tighe had ordered a
dog owned by William Shand to be killed because
ne bit Thomas Croke. Shard refused, and Justice
Tighe said that he would have to impose the pen
atty provided In the city ordinance of a fine of 80
for falling to comply with the order for fortyeight
hours. and s. for each forty-eght hours thereafter
that the dog remained alive. a writ was sought
from Judge Gaynor to prohibit the carrying out OF
this intention. In granting 1t Judge Gaynor declares
that he fails to find authority for. ordinance by
the Common Council authorizing the killing Of
dog and shows that there no proof that the
dog attacked Croke. while proper hearing was not
afforded in the case. Motley's Dutch Republic"
Homers odyssey and Moore's byron" are quoted
authorities TO show that the dog is the friend and
solace of man.
The decision. which is of interest to every owner
or lover OF dog, is In part follows:
The charter of Brooklyn empowers the Common
Counci to enact ordinances 10 regulate and license a
common shows and dogs" Claiming to act in pur,
suance OF and within this power TO legislate thus
conferred upon by the State Legislature the Com
mon mon Coqnc many years ago passed an ordinance
except on the premises of his owner upon com.
paint made to mayor or a police justice he shall
INQUIRE inio the complaint. and If satisfied of It's
the or possessoT Of such dog to xiii him imne
within forty eight hours ne shall forfeit slO and also
= more every forty eight hours thereafter until the
relator to Kill his dog under this ordinance, and re
ator having refused to obey the police justice has
and is proceeding 10 enforce the prescribed penalty
This Court is asked to issue writ of prohibition
justice to desist It vii ' be Observed that the orG
nance only professed TO confer jurisdiction on
and Ser alleges ssS tho he ssbc BY See
he
against the owner. find that ne swears that the
90 use his exact words 7 got hold Of the boy. and
the dog bit me-; so that instead of the dog making
and the dog defended him. No Compliant being
made the justice that the dog had made an attack
matter. conceding the ordinance to be valid
except by due e process Of law which requires notice
OF hearing to the owner and opportunity to be
s staq s'a fams 4 h the
common law of England dog was not property II
larceny P to steal dead dogs hide But the world
moves. and these crudiies no Longer exist and in
p 1hs s'e goH The dog from the beginning
has been the friend and soaGe OF man human nnG tne
history and poetry in withfTa"n a hn ,ro oq
Nloore's Byron volume I, 1922 1t may be well to
| remember in excuse OF the courts however tnat
1t was in order to decide that IT not larceny TO
steal him. for the prescribed punishment at that
time for larceny of property Of the value oil u
pence or more death, and they thought II not
| III that should die for dog tCoKe INST.
3D. lO9 etc. And yet II was larceny 10 steal tame
hawk and. have said. a dogs hide But try.
ing 10 forget these oddities. suifce IL that doS Is
property in the fullest sense in this state; ana
therefore the order Of the justice TO XIII this dog was
| absolutely void, because he gave judgment without
| n hearing. and has been seen. that IL no Judg
ment all. and can affect nothing ana nopouy, II
follows OF course that the justice has no JuTisuic-
ton to punish the owner for not having opeyea 'his
! void order Judgment . r a.. -,
Az TO the ordinance ITSELF ii is one OF those an
| surdities which often encounter IL IS Vou. ~
nrofesses TO authorize judgment without the constr
iutional prerequisites of judicial nearing upon que
/ notice IA New York. SUPRA ANA, besides 20
~, ind any authority gong FAR as to suggest
| that a statute authorizing a Common Couholl 10
nsss an ordinance to regulate and license 9og' or
swine or cows confers power 10 pass an oruiiaiio.
to XIII them The common aw Is tha. itLVo o
| dsneernus dog running az large in pubic street
is public nuisance ana may be killed ~ aIy on r
| The intervention of n police justice Is Wholly, uh-
| necessary This ordinance is iair Sample Oh 700
much law and government. ike many ohe h,' e.'-
| acted in BROOKLYN. OF which Is That no house
holder shall ao~ f's chimney TO take nre ,ns
II proper 10 say that do not see thai the po,l.e
| iustce is open 10 blame He only did Wha' ma ma.
been done by his predecessors for long "hr' he'