Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-18
DOG MUZZLE EDlCT INVALID
JUDGE RsdiOk Prsnsunoss Mayors ProolE
nation Of No Effect.
COURT GRANTS TEMPORARY INJUNCTION
HoIds Ordinance Defective Because q
CoRfers legislative Powers on
Mayor and He Overrulea
Demurrer OF City,

Tige won a complete and lasting victory
In Judge Redick's court wednesday morn
ing when the court decided Mayor Dahl
mans famous dog muzzling proclamation
was invalid and Of no effect The tenn
porary Injunction asked for by NJ. J.
Greevy to prevent the carrying out of the
mayors proclamation was granted and the
mayor and police oficials will be restrained
from interfering with dogs because they
do not wear the millinery prescribed by his
honor's communication.
Judge Redick overruled the demurrer
filed by the city attorney and in doing %
held that not only was the ordinance under
which the proclamation was Issued bad.
but the mayors proclamation did not even
conform to the provisions OF the ordinance
The flaw in the ordinance, according to
the decision Of the court, arises from the
fact It attempts to give the mayor iegis-
lRtive power. The court declared the power
Of determining when the public safety de-
mands the muzzllng of dogs was leglsl0-
tive and not executive In nature and could
be exercised only by the legislature or
council.
The court also pointed out that that
part Of the proclamation authorizing the
police to kill all unmuzzled dogs did not
conform to the ordinance, which provides
they shall be condemned after a hearing In
police court.
The proclamation as issued By Mayor
Dahlman required all dogs to be muzzled
between April and July s under penalty
Of being shot IL found at large without
muzzles.
DIR. Miller and Mayor Speak.
II regard this decision as a sweeping
victory for law order and decency In the
city Of Omaha and its government" was
DR.. George L. Milers expression when
| advised by The Bee Of the courts action.
THAT is a good thing" he added. The
ruling Of Judge Redck seems TO me to be
eminently sound and in strict keeping with
logic, common sense and law. We MAIN
tanned at the outset that the ordinances
was bad, since It allowed the mayor 20 do
what a legislative body should do. II e
was to be done. That Is the vital point
and the court has hit It squarely.
"Gratined7 Yes indeed, am more than
gratihed; 1 am delighted"
| Speaking of Judge Redick's decision
Mayor Dahlman said:
II intend to go before the city council
next Monday afternoon. when the council
will meet in committee Of the whole, and
urge that the council pass an ordinances
requiring that all dogs be kept on the
streets at all times, unless under leash.
1 think the council will do this
No Further Action,
Assistant City Attorney Rine thinks no
further action will be taken by the city
legal department in this dog case. l. ].
Dunn, who has this matter in hand. is
out of the city. Mr.. Rine said II any
further action would be taken on behalf
of Mayor Jim's' proclamation It would be
an appeal from the order Of Wednesday
morning overruling the demurrer 1t was
Mr., Rines belief however. that the best
\ thing for the city TO do would be for the
council TO pass an ordinance covering the
desired regulation of dogs, as Judge Redick
held the council could do this. but could
not delegate authority to the mayor.