Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-13
MUZZLED DOGS BARK.
Legal Fight Over Commissioner
Order is Now On.


The fight against the much-complained-of
dog-muzzle law was commenced today by
the association of citizens recently organ
lied The first move in the legal game now
| under way was the filing today of bill in
equity by Mr.. Thos. Edward Clark against
Mr.. Samuel Einstein, who Is the director
general of the army of dog catchers and who
has, under the direction of the Commission
ers been prosecuting a vigorous warfare
against all CANNES who appear without
| muzzies and this without regard to whether
| the animals wear tags not.
Mr.. Clark's bill in equity pleads for an
injunction restraining Mr. Einstein from at
lacking his dog, and Judge Barnard, before
whom the matter was brought, issued an
| order against the defendant to appear on
the 23d and show cause why the injunction
should not be granted.
Mr.. Clark in his bill alleges that he is
| a citizen of the District of Columbia and of
| the United States and the defendant is
poundmaster of the said District of Co.
/ lumbia; that he brings this suit in equity
| not only for himself, but also for the bene-
| fit of other complainants who may make
| themselves parties to the same; that he has
| a valuable dog. for which he has paid the
tax levied by law, and has complied with
| all the provisions of the statutes of the
| United States in each case made and pro-.
| vided relative to placing and keeping a
| collar on said dog, which is marked and
| engraved in legible and durable characters
| the name of the complainant owner and
| the letters ID. c., to which collar is at
| tached the insignia and tax tag furnished
| by the collector of taxes of the said Dis
| trict of Columbia, numbered $780, as per
| certificate of said collector of taxes here
| with attached. and made part of this bill
| Of complaint.
| Notwithstanding your complainant has
paid this tax and complied with all the
| provisions of law as to the keeping of dogs
| in the District of Columbia he is Informed
l believes DC
poundmaster of the said District, is about
| to seize his dog. impound the same and
| then proceed to kill and sell the said dog;
| that your complainant has been Informed
| and verify believes that defendant has
| seized number of dogs belonging to own
| ers who have paid the tax on said dogs
and complied with all the provisions of law
| relative to the keeping of same, under color
| Of a recent proclamation issued by the Com
misstoners of the said District of Columbia
| in which the defendant is ordered to take
| impound and then destroy or sell all dogs
| that do not wear good. substantial muzzles
securely put on.
| Your complainant maintains that such
| order, such proclamation, is illegal. as de-
| inasmuch under the Constitution of the
| United States the Congress is to exercise
exclusive legislation in all cases whatsoever
| over the District of Columbia, this power
| to enact law by proclamation cannot be
delegated to the Commissioners of the said
| District Of Columbia. And your complain
| ant Is Informed and verify believes that he
| is remediless in the premises at and by
| the rules of the common law and cannot
| have adequate relief save in a court Of
| equity. where matters of this and the like
nature are properly cognizable and reiieva-
| ble."
| The complainant then asks that the
| defendant. Samuel Einstein his servants
| and agents, may be restrained by order
and injunction of this honorable court from
| taking, lmpounding, killing selling the
| above mentioned dog bearing the insignia
and tax tag numbered $780, and that COM
| plainant may have such further or other
| relief in the premises the nature of the
| case may require"