The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1912-06-12
DR.. S. E. Smith, Accused of
Not Muzzling His Dog,
Pleads Not Guilty, Is Fined
and Appeals.
WILL MAKE A TEST
OF STATE STATUTE
Which Provides that Orders
of the State Health Board
Have the Same Power as
the Statutes.

The state laws authorizing county
and city health officers to order
quarantines and the muzzling of dogs
for stated intervals in times of rabies
epidemics, are to be tested in the
Wayne county circuit court. Dr. S. f.
Smith, superintendent of Easthaven
insane hospital, through an attorney,
John F. Robbins, pied not guilty to
the charge of violating the county
health officers dog muzzling orders
this morning in police court. He was
fined IS and costs, however, and At
torney Robbins Immediately gave an
appeal bond, saying that he would
take an appeal to the circuit court.
Prosecutor Ladd will file an affidavit
against DR.. Smith this afternoon.
The state laws give the health
board of the state authority to pass
rules for the governing of the health
of the state and stipulate that such
rules shall have the effect of laws
when passed by the board. A rule OF
the state board of health gives county
and city health officers power to order
muzzling or quarantining of dogs
when they deem such step neces-
sary The validity of this act is ques-
toned, and as it has never been tried
in a test case, DR.. Smith has decided
to make the test.
Case important One.
Authorities are hopeful of an early
;,, ho in
uance of the muzzling order in this
county depends on the results of the
trial If the court rules against the
health officer and for DR.. Smith, the
muzzling order will be rescinded. If
the finding is in favor of the state,
the owners of all unmuzzled dogs will
be hauled into police court and fined
for their violations.
DIR. Smith is alleged to be the own
er of dog which last Saturday, inno-
cent of muzzle, ran after John Cross,
927 Boyer street, as he rode across
the grounds of the asylum, and bit
him in his leg tearing the trousers.
DIR. Smith is alleged to have purchas-
ed a muzzle for his dog, to have plac-
ed it on the dog and afterwards taken
It off.
Legal authorities differ on the ques-
tion of the legality of the order is
sued by the city health officer, the
county health officer and the sheriff.
The case will be closely watched, and
promises to be a hard fought legal
battle.
When DIR. Smiths name was called
in court this morning he was not pres
ent, but was represented by Attorney
John Robbins, who made motion to
uuash the affidavit which he alleged
was faulty on four points. The mo-
tion was overruled. AS he desired the
case taken to circuit court, Mr.. Rob-
bins stated he was agreeable to a
fine being assessed, which was done.
Mr.. Robbins then gave an appeal bond
of $50.
Roscoe Gibbons, 709 South street,
pied not guilty to the charge of violat-
ing the muzzling order. He stated that
the dog strayed from his home last
Thursday, escaping from the cellar in
which it had been confined since the
order was placed in effect. He stat
ed his intention of shipping the dog
out of the county. On motion of Pro-
secutor Ladd, who wished additional
witnesses summoned, the case was
continued until Saturday