Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1918-01-04
DOGLAW NTOBE
GIVEN SUPPORT
Deputy Attorney General
Says Commissioners Must
Act or Be Forced To

Both criminal and civil prosecu-
tions are to follow the failure of
county commissioners, police officers
and any other public officers who
fail to enforce the provisions of the
dog law of 1917, which becomes
operative on January Is.
Secretary of Agriculture Charles
u. Patton, in whose control the en-
torcement of the act was placed by
the Legislature, has asked for advice
from the Attorney Generals office
concerning the method of compelling
county commissioners and others in
carrying out the provisions of the
dog law and an opinion rendered by
Deputy Attorney General Fl. X.
Daugherty, clearly outlines the re-
sponsibility of both county commits
sioners and local police officers. The
opinion states:
In the case of nonperformance
OF the duties of public officers au-
thorized to enforce the provisions
OF. this law, it is the duty of the Sec
retary of Agriculture to employ the
proper means for the enforcement of
this act"
Section "a of the said act provides,
in part, as follows:
ITO this end the Secretary of
Agriculture may employ all proper
means for the enforcement of this
act. Any other state department,
bureau, or commission may, on re-
quest of the Commissioner of Agri-
culture, assist in the enforcement of
the provisions of this act"
County commissioners, therefore,
who refuse to perform their duties,
are guilty of a misdemeanor and
should De proceeded against in ac-
/ I.gEN lou a. aI.sz.
which provides as follows:
ANY person violating, or failing
or refusing to comply with any of
the provisions of this act shall be
guilty of a misdemeanor, and upon
conviction shall be sentenced to pay
fine not exceeding one hundred
dollars, or to undergo an imprison-
ment not exceeding three months, at
the discretion of the court"
Upon notice of the violation, it
would be the duty of the Secretary
of Agriculture to direct the district
attorney of the proper county to
prepare an indictment against the
accused officials and prosecute them
in the criminal court of the county
in which they live. And, in addition,
if the above remedy Is not effective,
the county commissioners can be
proceeded against by n writ of man
damus on the initiative of the Sec
retary of Agriculture, as provided in
section of the act of June s, 1898,
2. l.. S45, which provides as follows:
When the writ is sought to pro-
cure the enforcement of a public
duty, the proceeding shal be prose-
| cuted in the name of the Common
wealth on the relation of the Attor-
ney Generals: Provided, however.
That said proceeding in proper cases
shall be on the relation of the dis
trict attorney of the proper county:
Provided further. That when said
| proceeding is sought to enforce a
| duty affecting a particular public in
! terest of the state, it shall be on the
relation of the officer entrusted with
| the management of such interest. In
| all other cases the party procuring
the alternative writ shall be plaintiff,
the party to whom said writ is di-
rected shall be defendant, and the
action shall be docketed as in ordi-
nary cases"
| whe same provisions apply to the
| duties of police officers who under
section IS of +he act are compelled
! to seize and detain any dog or dogs
which bear a proper license tag,
and which are found running at large
and unaccompanied by its owner or
kecper. 1t is also the duty of every
police officer to kill any dog which
does not bear a proper license tag,
which is found running at large
| Dogs having licenses are to be kept
| ten days while the owners must be
notified and claim such dog and pay
all reasonable expenses incurred by
reason of its detention.
Secretary Patton is making ar
rangements to have the law rigidly
enforced throughout the state and
has been receiving hearty support
by most of the boards of county COM
missioners and police officials.