The evening times., 1896-05-15

Judge Miller rendered a decision this
| forenoon in the police court which ef-
| fectually knocked out the police regulation
| adopted by the District Commissioners
known as the dog clause of the 'cacklmg
| nen, growing rooster and barking dog
ordinance.
| The case in which this decision was rem
| dered Is that of Bertha Budin, a French
lady residing on X street between Ninth
and Tcuth streets northwest, who is the
| owner OF "a valuable Russian stag hound.
| She was charged with having a canine
| which pit boy, in violation OF the section
mentioned, which provides that upon con-
| Niction the owner shall pay u fine or SO,
anu IN addition thereto tine dog shall be
| killed.
In view of Judge Kimbans many de
| cisons in which the lives of valuable dogs
| hvae been sacrificed after their owners
were fined, Attorney Albert sillers, who
| appeared for Mrs. Budin, requested Judge
KImbali to send the case upstairs TO Judge
Miller, hoping to get Il better decision
as TO the legality of this ordinance. This
| was done, and the case was tried before
Judge Miller on Wednesday.
TENT OF THE ACT.
Mr. sillers brought into court u copy OF
the Revised Statutes of the United States,
and showed to his honor an act Of Com
gress, which makes dogs, upon the pay
ment of the license tax, personal prop
erty. This act states that any dog wear
ing a tax tag shall he permitted to run at
large III the District of Columbia, and
shall he regarded as personal property in
all the courts of said District, and any
person injuring such dog shall he HaDie
10 a civil action.
Another section Of the act provides that
the pc enalty for keeping a dangerous dog
shall he for the first offense flne OF
$40, second Offense, $50; third cfieilse,
the dog shall lie killed by Il policeman.
Attorney Sillers contended that the Com
mis- had exceeded Their autnCTlly
in making such police regulations as they
had on many other occasions ana passed
an ordinance in direct confhct with an act
of Congress and that they had no more
right to kill a dog for the first offe nse than
they had to take mans watch from ms
pocket aud destroy II because 1t did not
keen the strict city time. as Congress had
in plain terms said that such dogs shall be
considered personal property.
After argument 10y Assistant District
Attorney Pugh. who claimed that the Or
dinance was operative, Judge Miller care
fully examined all the laws and ordinances
III relation to dogs, presented by counsel,
ana decided that the biting dog clause
OF the Commissioners remark kablc and
unique cacklng hen ordinance was not
operative and in direct conflict with a
plain statute of the United States.
UPSETs THE REGULATION.
THAT such dogs are personal property
there can be no doubt, said the court,
"and they caunot be destroyed by an
order of the District Commissioners.
His honor said that however much he
regretted this, he was bound to decide the
case in strict accordance with the statutes
now in existence.
The Commissioners have no legislative
powers" said his honor. They are but
the mOuthpieCes OF Congress to make ordi-
n3 noes covering matters that are not al
ready covered by the statutes ana legis-
lativc acts. The Commissioners say If a
dog barks or howls, the owner shall not
keep that dog. Congress says he shall.
The statute on this subject Is ample. II.
says biting dogs shall not run at large
Prosecutor PGgh announced that he would
continue to bring prosecutions in Judge
Kimball's court Uncer the Commissioners
ordinance on the subject of barking and
bowling dogs.
Il do not think" said Attorney Sillers,
that Mr.. Pugh should continue prosecu-
tions in view of the able decision OF Judge
Miller who Is recognized as legal author
ity not only throughout the District, hut
in the surrounding country as WELL
IF have any more cases of the same
kind | shah ask that they be tried before
Judge Miller: or. in the even. of a failure
10 try them before him. in view of the fact
that we have no appeal, | shall ask the At
toeney General of the United States for
his opinion. which the police court would
be bound to respect"