The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-03
war ON THE DOGS
City Council May Eclipse Former
Regulations.
Would Order All In City Con-
fined -Four Months.
WILLMEET ON MONDAY
Radical Ordinance to Be Sub
mitted to the Council.
No Provision to Refund License
Fees Paid.
MELTON MONDAY

the ordinance framed at the request
of Mayor VIM. Green today is passed
by the council without amendment
Monday evening. mot unless several
of the councilmen request it," said the
mayor in response to, query as to
whether a special meeting of the
council would be called for prior to
Monday.
Il was given to understand that the
test for rabies in the case of the JEFF
frey's dog showed unmistakable proof
and in that event a special meeting
| would have been called. But 1 was
somewhat disappointed when I re-
ceived letter from DIR. Greenfield
| telling of the test. which does not
state authoritatively that rabies was
| found
The letter follows:
ITO the Mayor Of the City of Topeka:
Dear Sir: have been requested to
send you a report of the findings in
the case of the suspected rabies in the
dog belonging to DR.. Jeffrey, s21 Lane
street. Portions of the brain of this
| dog were examined under the micro
scope and bodies were found which
| correspond to the organism now
thought to be the infective agent in
rabies. Respectfully.
| SARA E. GREENFIELD"
There is nothing in this letter to
show that rabies actually existed, but
simply that the test seemed to show
its existence. 1 was somewhat disap-
pointed because I had been told by DR..
| Jeffrey or led to understand that the
| test showed rabies existing beyond
any doubt. I think now that proper
action can be taken Monday evening
| without calling special meeting
| There are 1885 dogs in town that
have been registered. 1929 Of these are
male dogs and 1856 are the other kind.
| But it Is safe to estimate that the total
number including those that have
been registered as well as unregister-
ed will crowd the 2,400 mark pretty
closely.
The ordinance therefore will affect
2.4oO dogs all Of whom must be close
" confined for 120 days or only ap-
pear On the streets when fastened by
a chain, rope or leash. Muzzles are
under the ban and will not be coun-
\ tenanced.
One man called at the city attor-
neys office at the city hall this morn
ling to complain about a number of
dogs that infest his neighborhood. 81
| have three lotssin raspberry bushes.
but the dogs me SO ff there esn t
any relief to be had I Will have to
move out of town."
W. c. Ralston, assistant city attor-
4 ney, did not give him much encour-
/ agement. There is no way by which
you can keep a dog from running at
large now If he has had the license
paid on him. Chickens. horses and
cows cannot be permitted to run at
large. but you can't stop the dogs,
| said he. 1.-THE only relief that you
might have is one Of tresspass against
the owner of the dog for the owner
has to stand responsible for the acts
committed by the dog. The damage.
however, would probably be so small
that you could recover that it would
be hardly worth while.
IF put up a sign that no dogs
are allowed here, would that help?"
| asked the man.
| mot unless the dogs can read,
said Mr.. Ralston with a laugh.
An ordinance which. however. will
help to some extent was drawn up by
w. C. Ralston, assistant city attorney,
this morning on instructions from the
mayor
Text of Proposed Ordinance.
The ordinance follows:
Section 1. For a period of one hundred
date date of the taking effect of this ordinance
it shall be unlawful for the owner, keeper
or harborer of any dog in the city of To-
| at large upon any of the streets, avenues,
alleys or public grounds in saiS city; pro-
vided, however, that nothing herein shall
be construed as preventing the owner
keeper or harborer of any dog from lead
ing such dog upon the streets, avenues
when such dog is Securely fastened by a
strong chain, rope or leash.
Sec 2 During the period of one hun
the e taking effect Of this ordinance. ali
dogs found running at large upon t tnS
streets avenues IT,. alleys s h and P4o nc
the dog officer or his assistants. AND
kept in pound for period of twenty-foul
| Sec 2 When any dog is CAPTURED anc
!. put in pound which the registration fe'
for the current year of 1908 has beer
| paid, it shall be the duty of the dog off
Ger. or his assistants. to notify the cit!
| clerk of the number of the registration
tag of such dog, and the city clerk shall
harborer of such dog that he must i'm
mediately confine such animal so as t
| prevent the same from running at large
: and if such owner, keeper or harborer o
any such dog shall fail neglect or refus
/ to confine said dog so as to prevent tn
, ty-four ga hours after the same has beei
! put in pound. then it shall be the dut.
The dog OFFICER shall also collect the sun
of fifty cents to cover the cost of i'm
, pounding each such dog.
Sec. 4. All dogs. upon which the regis
/ tration fee for the current year of 100
has not been paid. shall be kept in poun,
: put in pound, and if the owner, keeper o.
!, harborer of any such dog SHALL for
l period of twenty-four (24 hours, fail
neglect or refuse to pay the cost of i'm
r pounding each such dog in the sum o
fifty cents and the registration fee, a
5 provided by the ordinances of the city o
+ Topeka, and Immediately confine sail
dog in compliance with the provisions o
this ordinance, then it shall be the dut.
4 of the dog officer to destroy any sucl
, dog.
: Sec 5. Every owner. harborer or keep
er of any dog in the city of Topeka, VIII
shall allow or permit such dog to run a
large upon any Of the streets. avenues
| alleys public grounds of said city, 4
| violation of the provisions of this ordi
nance. shall be deemed guilty of mis-
' demeanor and upon conviction thereof
S shall be fined in any sum not less thai
V five dollars nor more than fifty dollar
for each offense, and be confined in tn