The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-17
IS THE HEN REAL EsTATEs
A KnOtty Question which Set All
Maine to Guessing.

East Bucksport (Me) Letter in New York
Sun.
The Hill-Oliver feud, which has been
raging with more or less intensity for six
years, causing great amusement among
the neighbors and bringing the Hill ana
Oliver families into the Police Court two
or three times a year, has been settled out
of court, and old Oliver, a pensioner of the
Civil War. has retired TO his camp in the
woods to work off his superhuous ener-
gies sharing rabbits and shooting deer.
AS the story of the trouble occupies
many pages of the County Court record,
and as the trouble itself has vexed judges
and lawyers and furnished a subject for
debate since 1894, nearly everybody In
Eastern Maine had become partisan or
one side or the other and had expressed
an opinion upon the matter that would et-
fectually disqualify him from jury service
whenever the case came up for trial.
The family quarrel began twelve or fif-
teen years ago, when Hill, young farm
er of the town, married divers daughter
Nancy. The first quarrel was over mat
ter of discipline. One day when Hills son
and divers grandson, Master Henry OH
yer HILL had been soundly whipped by
was choked for his trouble. The judge
had no sooner acquitted Hill on the charge
of assault and battery than Oliver turned
his dog loose among Hilfs hens. The dog
had killed three hens and filed the barn
yard with feathers from other hens that
were not dead, when Hill appeared on the
scene, killed the dog and knocked his faith
er-in-law over a sawhorse.
AS soon as Oliver was able to get to
lawyers office he had his son-in-law ar
rested for assault and battery and brought
a civil suit against him for destroying
property belonging to Oliver, namely one
pointer dog, having an appraised value of
$l5 Hill paid his fine in the assault and
battery case and appealed from the $3.50
costs awarded 10 Oliver for the loss of his
cog. Then he brought suit against his
father-in-law for killing his hens. After
a long trial by jury a verdict against Hill
was returned for s. with $62 additional
in costs for killing divers dog, and Oliver
was asked to pay "a so with So. 80 in costs
for Staying Hills hens.
There is a century-ol dispute among
the lawyers of Maine as to just what con-
stitutes personal property Until a law
was passed in 1898, putting a per capita
tax on dogs no man could assess damages
for the loss of his dog, a decision rendered
In 1857 declaring that all dogs were in the
nature of wild animals, IN which no per-
son could legally claim ownership. The
ty of dogs, 1t was inferred that all ami
mails which a man had about his place
With the possible exception of rats and
miceLwere personal property. Basing
their suit on the act of 1893, which says
that the owners of dogs shalt be RESPONSE
bic for all damages which they commit
upon sheep and other domestic animals.
Hill and his lawyers believed they had a
clean case against Oliver, but when ex-
ceptions were filed asking for new trial
il was found that Oliver and his lawyers
claimed that hens were not domestic ami
mals; therefore, they were not property.
Hence any person. or the agent or the dog
of any person, could kill hens without
coming under the ban of the laws In sup
port of their side of the case divers law
yers cited two decisions from the Maine
reports which declared that doves were
wild animals, for the staying of which
no damages could be assessed, and for
whose depredations no owner could be
held responsible. IL therefore seemed 70
follow that If a dove was a wild animal
hen must be included In the same class.
No sooner had divers lawyers pre-
pared their case clearly than Hnrs law
yers came forward with a decision rem
dered in 1853 which emphatlcally declared
that goose was a domestic animal and
that man who owned a goose was NOR
ally and legally bound to care for the same
and see that 1t committed no trespass
. iAc Illumination WHieh the regal search
lights had cast upon the subject was
spread all over the state. Those who ia
Vored Am claimed, with good reason
that a goose which wandered from field to
pasture, paying no attention to fences.
was domestic animal; there could be no
question about the legal status OF a hen,
which never weni far from home, and
which produced large quantities OF newly
laid eggs for the support Of the family
The oliver side OF the controversy argued.
with equal logic and-superlor force, that
doves and hens had similar habits. They
made their home IN some portion OF the
farm buildings, ana never voluntarily
shifted their place OF residence. During
the daytime both wandered away far
enough 10 obtain such food as they re-
quired always returning 10 their homes af
uishtiah in order 20 keep hens and
doves from etrayins away they must b.
n0nnned by harrlnrs or fhneea A dove