The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1914-03-19
KNEW THE LOBSTER SET DOGS STATUS
Legal Standing of CANNES De-
fined by JuriSt.
judge Cobb, of the Supreme Court OF
the State of Georgia, Refers as
Far Back as Blackstone in
His Decision.

Mr.. Justice Cobb of the supreme
court of Georgia, in Strong VS.. Georgia
Railway and Electric company. 4t
Southeastern Reporter, 966, quotes the
| following opinion in another case re
Gently tried in the Atlanta circuit
court.
"The dog has figured very extern
sively in the past and present. In
mythology, as Cerberus, he was In
trusted with watching the gates OF
hell. and he seems to have performed
his duties so we'll that there were but
few escapes. In the history or the
past he has been used extensively for
hunting purposes, as the guardian Oh
persons and property, and as a pet
and companion. He is the much-val-
ued possession of hunters the world
over, and in England especially rs the
pack O. hounds highly priced.
"In literature he has appeared more
often than any other animal, except
perhaps the horse. Sometimes he is
greatly abused. Sometimes he is made
the type of what is mean, low and con-
temptible, while at others he Is de-
scribed in terms of eulogy.
Few men have deserved, and few
have won higher praise in an epitaph
than the following which was written
by Lord Byron in regard to his dead
Newfoundland Near this spot are
deposited the remains of one who pos
sessed beauty without vanity, strength
without insolence, courage without fe-
rocity, and all the virtues of man with
out his vices. This praise, which
would be unmeaning fattery il In
scribed over human ashes, is but
Just tribute to the memory OF Boat
swain, a dog who was born at New
foundland May 3, 1903, and died at
Newstead abbey, November 1S, 1908
"The dog has even invaded the do
main of art All who have seen Sir
Edwin Landseer's great pictures will
know how much human intelligence
can be expressed in the face OF a
dog. His picture entitled Laying
Down the Law will not be forgotten
in considering the dog as litigant.
THUS the dog has figured in myth
ology, history. poetry, fiction and art
from the earliest times down to the
present, and now in these closing days
of the nineteenth century we are called
upon to decide whether dog is a
wild animal (ferae naturae) in such
sense as not to be leviable property;
or. if he is a domestic animal (dom1tae
naturae) whether he is not subject to
levy, on the ancient theory that he
had no intrinsic value If he was not
good to eat.
Originally all the animals which
are now used by man were wild. One
after another they have become do
mesticated, and subject to his control,
ownership and use. AS time pro-
crossed they gradually lost their
character of wildness, and became
more and more regarded as ordinary
property. At this day no one would
contend that the horse was not the
subject of absolute property because
his ancestors were originally wild, and
the same may be said of other animals
now thoroughly recognized as domes-
tic.
Even in the days of Blackstone,
while it was declared that the prop
erty in a dog was base property 1t
was nevertheless asserted that such
property was sufficient to maintain
civil action for its loss. Bl. Com
236. Since that day, in the evolution
of civilization, the dog has not been
left behind He is now not only priced
for hunting purposes, as watchdog,
and as a pet, but it is common knowl-
edge that many dogs have actual COM
mercial and market value.
when annually there is held in
New York bench show, at which dogs
take prizes amounting to thousands OF
dollars, and where they are bought
and sold at prices which are fire.
quently far larger than are paid for
ordinary horses, it is rather late IL
the day to assert they are not valu-
able property. Dogs are also trained
for purposes of exhibition, being some
times the sole means of support OF
THE dog has been very often before
the courts of the different states and
of different countries, and has been
the subject of a good deal of judicial
humor and judicial learning; but it
bears a tinge of the ridiculous to con-
tend that, however many and however
valuable dogs man may own, he can
not be made to pay his debts If he will
only invest his money in dogs-a con-
tention which reminds one of the very
solemn discussions in certain court,
at a time not very long past, as to
whether the oyster was a wild animal.
Before the courts the dog has re-
ceived treatment as varied as that
given him by authors. AS illustrative
of the widely different light in which
Judges have viewed him, / cite only
one or two cases. Monroe, j., in Will
son VS.. Railroad Co. 10 Rich. IS. CD
ST. INDUCED in some vituperative cpl
thets upon poor canine who was so
unfortunate as TO be run over by a
railroad train"