The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-06-20
The Cases in Police Court Set
for Next Monday.
Ordinance win Likely he Tested b'
the Courts-Claim Police Court
Has No jurisdiction.
ORDINANCE MAY he DEFECTIVE

Attorneys on both sides are busy
preparing their respective cases for
the contest over the validity of the
COW ordinance which will begin in
police court Monday.
It is Understood that the dain
point of the attorneys for COW own
ers will be that the police court has
no jurisdiction in cases wherein an:-
mails are ordered sold That the sole
authority of police court is in ap-
plying the law In criminal cases. anl
that ordering cows sold is beyord
its province, and comes within the
Jurisdiction only of civil courts.
1t will be the first time this ques-
ton has been raised here in cases OF
this description. In fact. attorneys
claim 1t has never been raised at all
so far as they know. Hogs have been
lmpounded and sold in Paducah
without protest for many years, and
the same principle OF la wifi good in
hog cases, would be good in COW
cases.
IL would not be verv s~"nrisiul
however IL the COW ordnance has
to be changed to some extent. II
does not appear to prescribe any pen
atty for violation of the ordinance.
All the reference there is in the or
dinance to a penalty for violation by
turning cows out is where II SAYS
that the owners shall be summoned
before the police court ito show
cause why he shall not be fined IS
for violation of the ordinance or
words to that effect. The culprit's
cause" It is claimed by some at
torneys, might be that there is moth
Ing that says he shall be fined IS.
The ordinance does not say that
person shall be fined. but simply
that he shall show cause why he
shall not be fined.
Other attorneys, however, claim
that this "show cause why he shall
not be fined IS" is sufficient, and
makes the penalty.
II seems certain, however, that
there is going to be lively fight in !
the courts before the question is set |
tied here as II has been settled else-i
whereby establishing the right of
a city to keep cows off the streets.
Some of the police commissioners
and policemen are ready to rebel.
right now over the COW business, butt
IL will likely do no good.
"The council has no right to direct
the police" resentfuily declared
member of the police board this
morning.
Members of the board of works
and others in favor of keeping up
the cows, however, say that the
council is not trying to direct the po-
lice.
THE ordinance requires these Of
iicers to take up a cow" said one
man today. ut is not the council do |
ing IL. II Is the ordinance itself
"lf every person who sees a COW
running at large will simply find
police officer and show IL to him, he
will have to take IL. IL he does not, /
charges can be preferred, and of goes
his head. IL the commissioners re- !
fuse to discharge officers who will
not do their sworn duty. we can make |
IL so hot for the mayor that he will /
have to discharge the police commits
sioners and get commissioners who |
Will. We are going TO have cows
kept of the streets, and II might as
we'll be realized now as later. I'll |
wager one thing. that Is II the police
officers do not take up cows when |
cows are pointed out to them. well
have new crop Of policemen. II
may be hardship for some people |
to have to keep up their cows and
feed them instead OF turning them /
loose and making us do IL, but II will
not be any harder than for us to
give up our shrubbery and howers
10 these same COW owners as feed for
thefr stock -