New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-12
DOG TAX DOWNED AGAIN.
Declared Unconstitutional by Rich
mORd COUNTY Court.

The law which allows the Society for the Pre-
vention Of Cruelty 10 Animals 10 collect license
Zee Of 50 for every dog in the city and renewal
tax Of 81 a year for every year the dogs master
keeps him has been declared unconstitutional IN
the Richmond County Court by Judge Stephen D
Stephens.
The test case was between Roderick Mcleod
Cameron, son OF the late Sir Roderick Cameron,
Of Rosebank Staten Island defendant ana appel
liant and the Society for the Prevention Of Cruelty
20 Animals. Mr. Cameron haa appealed from
fine o. 81 imposed by Magistrate Marsh in 1905 for
refusing to pay his dog license Of 50 TO the soci-
ETY.. The income from these license fees and taxes
Is Of the main supports of the society. and
the case the-efore viii be taken before the APP
pellate Division Of the Supreme Court. William
y. Dykman. OF counse; for the society, said the
appeal would probably not come Up before next
fall
Judge Stephens wrote no opinion in reversing
Magistrate Marshs judgment and renting the
fine, but William A. Shortt, counsel for Mr.. Cam
eron, based his argument the clause in the
New York Constitution which forbida the state or
any municipality within its boundaries 10 give pub
lie moneys TO a private corporation. The statute
in question originally passed in 1894. This
statute provided that the money thus collected
should be used first for defraying the cost Of
shelter for lost strayed and homeless dogs. and
that the remainder should 60 for the society's
own purposes. The Court Of Appeals declared this
act unconstitutional in 1901 on the ground that
the retention Of fees for the fociety's OWE pur-
poses was equivalent 10 a gif Of public moneys
20 private corporation The case known
as Fox agt- Mohawk Humane Society
The following year, therefore law was
amended 10 read that the remainder OF the MONEYS
collected instead Of being used for the socety's
purposes, should be GRANTED 10 il in compen-
sation for enforcing the laws against cruelty TO
animals In this way the Legislature hoped 10 get
around constitutional provision against gif.s 10
corporations, but TIE court holds that Il did
not succeed III doing
Another argument brought forth by Mr. Short
that the present Law. If constitutional 50
Gar gifts 10 corporations sre concerned, rs an
appropriation Of pubic moneys would stin be un-
constitutional because II passed the Legislature bv
majoriIies only IN The two houses. The consfitu-
son provides that al appic praton bills to become
law, must be passed by tWo-thrds majority IN
both houses OF the legislature.
NT Short pointed out yesterday that the maxi
mCm fine which city magistrate could imposa
for failure pay dog license fee was SO and that
the 81 fine imposed on his client by Magistrate
Marsh was a minir5rIn This action. he thought
showed that tae nla gistrate inclined 10 view
the statute with doubt. though lie had no power 10
pass IFS consttutionality.
Or. Darlington Of the Health Department intro
6Iced hto the Legislature a year ago hin 10 give
the power TO license and tax dogs 10 the Health
Department. This bill died legislative death. bun
81 Is t,04gEt that il viii be reir:roduced and
stand good chance o. passing.