Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-20

| ever it shall be made to appear to the
commissioners that there are good rea-
sons for believing that any dog or dogs
| within the District are mad, it shall be tho
duty of the Commissioners to issue a proc
iamation requiring that all dogs shall, for
period to be defined in the proclamation.
wear good, substantial muzzles, securely
put on, so as to prevent them from biting
or swapping, and any dog going at large
during the period defined by the Commits
sloners without such muzzle shall be taken
oy the poundmaster and impounded, SUBJ
)ect to the provisions of section b.
Under this authority the Commissioners
issued the muzzie order, so veXatious to the
citizens and tOrturing to the dogs The
provisions of section 3 in regard TO i'm
pounded dogs apply only to dogs found
running at large, without tax tags" and
section 4 provides that ''any dog wearing
the tax tag hereinbefore provided for shall
be permitted to run at large in the District
OF Columbia, and shall be regarded as per-
sonal property in all the courts of said
Dlslrlct, and any person -injuring or de-
stroying the same shall be liable TO civil
aclion Tor damages, which, upon proof of
such lnJuring or killing, may be awarded
IN a sum equal to the value usually pur
upon such property by persons buying and
sellnS the same, subject to such modifica-
lions as the particular circumstances of the
case may make proper
Section IL provides that after this act
sonal property"
The Constitution provides that mo per-
son shall be deprived of life, liberty or
property without due process of law" NOR
snail private property be taken for public
use without just compensation"
Dogs, being private property. are if
taken from the owner. so taken for hubble
use ana the owner is entitled to compensa-
tlon, and the Constitution is infringed in
that the owner is deprived of his pronprty
without due process of law The muzzle
ordinance if applied to taxed or tagged
c fgtY,Tf 81
dogs having complied with the law and
put tax tags on their dogs have under the
contract set forth in section f. secured
vested rights to have their dogs run at
large Running at large has a techni-
cal meaning, as the running of COWS and
horses outside the premises of their own
ers and on public grounds and highways,
uncontrolled. Animals driven through the
Slreets and highways are not running at
large Nor is a dog accompanying his
master or mistress and under the usual
control in such case running at large"
AND especially when such dog is in leash
or upon the lot or premises of its owner
The District is liable to pay for every
tax-tagged dog taken by the poundmaster
not less, certainly, than the 81 paid for
tax and tag, and as much more as a court
may be satisfied by evidence that it was
worth. Nor does the law and proclama-
ton of the Commissioners shield the pound
master from personal liability. The prSc-
lamation should in no event be construed
to apply to dogs wearing a tax tag as pro-
vided by section 1.
By what evidence or means the Commits
sioners We're induced to issue such an alb
surd proclamation at this season of the
year is to me incomprehensible. An old
ordinance provided for the killing of "un-
muZzied dogs going upon the streets and
avenues and other public places between
the 18th day of May and the 10Th day of
October" And the poundmaster was au-
thorized to take up and dispose of such
dogs L do not suppose that there has
ever been more than one or two cases of
well-developed hydrophobia in this city
Hundreds of people have died from the
effects Of the old open sewer of TTber
creek, by the emanations from the rotten
pavement about the Center Market and
reekfng alleys. On an average, one human
being is sacrificed badly injured weekly
by the steam and electric railroads There
is enough to occupy the attention and time
of health officers and Commissioners in
correcting evils affecting the lives and
health of our citizens, without this sticking
implements of torture on dogs. The best
way out of the mess is to repeal the proc
lamat1on ordnance. R. L. B. c.