The news & observer., 1897-01-08


The Superior Court adjourned yester-
day afternoon after having completed the
docket by finally disposing of about rs
cases. This is two weeks term, but
Judge Adams and Solicitor pou got
through with the business in four days
a remarkable record and a great saving
Of expense to the county. Judge Adams
has thus far made a splendid judicial
officer
4 large number of small cases wer4
disposed of yesterday. The most impor-
tant probably, and certainly the one that
excited most interest was that of the
State VS.. j. j. Rogers for failing to pay
q dog tax, under an ordinance of the
town of Apex.
The town of Apex has an ordinance
taxing the owner of each dog 81 Rogers
refused to pay this tax. The Mayor
thereupon had him arrested and brought
before him to show cause why he should
not pay it, His reasons not being adj
Judged satisfactory. the Mayor fined him
81. .Rogers appealed to the Superior
Court
In. this case the defendant contended:
1.-the charter giving no specific au-
lAtOAskS ~ td6 dD@5s ll3E tbNA Eb1kiD4ISSlDll~
ers gould pass no valid ordinance to tax
dogs except under general law, which
permits "a tax TO be levied upon dogs
runaing at large. The ordinance in ques-
tioTt being a specific tax on all dogs, is
voi6.
- That the ordinance in question speci-
lSfiesj that tax shall be due April | Of each
year. Defendant had no dog prior to
elar A0n
nots due until April, 1897.
s. Ordinance provides a fine for not
listing and paying tax, which can be done
only by execution. as charter gives no
authority to imprison for failing to pay
fine.
Judge Adams directed verdict of rot
guilty on the grounds that the town
had no right under the charter of the
general law to tax dogs as in this in
stance, and only had the right to tax dogs
running at large. The town Of Apex
was taxed with the cost
This case is OF Importance and general
interest on account Of the questions OF
law. involved in it. The law under which
this tax was levied is an exact copy Of
the ordinance now in force in this city.
One effect of this suit and decision will
be that the town of Apex will ask this
Legislature TO amend it's charter
Ofher cases disposed Of by the court
yesterday were as follows:
State VS.. John Pratt, for larceny and
receiving. Pleads guilty Judgment,
on roads for u months.
State vs. Bose Upchurch, for retail
ing without license. Verdict not guilty.
State vs. Bose Upchurch, for selling
liquor without license. Mol pros.
State VS.. Timothy Williams for carry
ing concealed weapons. Judgment 80
days ON the roads.
State VS., Laura Justice, for larceny and
receiving. Verdict guilty Judgment,
months in the workh0use
State VS.. Dune Matthews, two cases.
for carrying concealed weapons. Pleads
guilty. Judgment, on roads 30 days.
State vs.. Andrew Freeman and Wes-
ley Whitaker, for larceny and receiving.
Mol. pros. as to Freeman; not guilty as to
Whitaker
State VS.. Edward Short, for trespass.
Defendant pleads guilty and is allowed to
take the insolvent debtors oath and be
discharged.
State VS.. William Hight, for larceny
and receiving. Judgment supended on
payment Of costs.
State vs.. James Moore, for carrying
concealed weapons. Pleads guilty.
Judgment S5 fine and costs.
In the matter OF State VS.. Belle Meb-
ane, for larceny and receiving sentence
was reduced from u to months