Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1896-05-23
YOU CAN'T STEAL THE EARTH
Decision of a New York Justice
Causes CONNECTION.
Held by n Justice ofthc Empire state
Supreme Court That Removing
sod From a Neighbours
Lawn * Not Theft.

Nov York. May l6.-RiVerdale on the
Hudson was a quiet. peaceful little gar
den spot, nesting sleepily on the bank
of the Hudson-until Wednesday. NOW
Riverdale threatens to be all torn up
not fguratively. but literally. Property
owners are wondering whether their
title deeds are OF any value or not.
while the common herd walk around
proudly with a sort Of 1--WE the
earth" expression. that makes a new
creature of the average R~iverdalian.
1t all came about through Timothy
Reagan's suit against Robert A. john
son for $1,000 damages for alleged libel
lous remarks and Justice Dykman's de-
cislop.
Mr.. Johnson was once q prominent
dry goods merchant in this city and has
a magnificent residence fronting on the
Hudson at Riverdale, rs well as other
property near by.
one Of Reagan's cousins was employed
for a time on some of his property, but
left owing to a disagreement with Mr..
Johnson. There was some ill-feeling,
and finally Reagan brought suit against
Johnson for libel. claiming that the lat
ter had called him "A thief and accused
him OF stealing sod from Johnson's
property arr thus injured his reputa-
ton.
The case came UP in fbe supreme
court in White Plains Wednesday, and
after listening 10 all the evidence jus
ticc Dykman dismissed the case on the
ground that As sod was real estate, no
person could steal and carry away real
estate, consequently even if Reagan had
carried away Mr.. Johnson's sod he had
toen guilty Of no crime, and johnson.
accusing him rightly or wrongly or
what was no crime. had uttered no libel.
The decision came just in time. Lew
Southers, seeing a ~neighbor drawing a
pail of water from the river, had &C.
cu.ed him of stealing the Hudson and
the neighbor had begun to tall OF bring
ing suit for libel and a dozen lawyers
Immediately sen their business cards,
Libel suits began TO boom in all direc-
tons until Wednesday. Now that's all
spoiled.
Sodding parties are talked Of now.
There's lots If real estate around River
dale, some Of it very fine, and Justice
Dykman says il can't be stolen. Prop
erty owners begin TO sec visions of holes
being dug out Of their property, and
when they go to sleep they dream 0t
men digging around their houses and
they wonder whether they will awake
in Riverdalo or China.
The people who never owned properly
before reali2o that the earth belongs TO
them as well as to the Ian n
Justice Dykman's decision had long
been forestalled by the street railway
people, who have always acted on the
principle that they couldn't steal real es-
ate because 1t belonged 10 them as well
as 10 everyone else-and a little more so.
The decision promised TO be far reach
Ing, as the term real estate as defined
by Webster means lands. tenements
and hereditaments; freehold interests in
landed property; property in houses and
lands" This leaves a fin scope for he
citizen privileged TO help himself 10 real
estate-if justice Dyhma1's reported de-
cis!on is to be taken literally. The prices
of bulldogs in Riverdale have risen 10
alarming degree and watchmen COM
excellent wages.
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