The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-07-14
SMITH AND CATS |
TO LEAVE ROOMS
Felines Without Open Air
Privileges Cause of
Trouble
EJECTMENT SUIT
BY ODD FELLOWS
Health Officers Attention Called to Con.
ditiOns in Watercure Building Tene-
ment-0ccupant Given Until Monday
to Move Out

to Move Out.
Six innocent and well-meaning cats,
helpless victims of circumstances, were
the cause of an ejectment suit which
came before Judge Frank d. E. Stowe in
the municipal court this forenoon.
Wantastiquet lodge of Odd Fellows
was the plaintiff and was represented by
Attorney A. F. Sehwenk and by W A.
Shumway, agent of the lodge in looking
after the real estate involved, and the de-
fendant was Roy Smith, a man of mid
die age who occupies the southeast cor
ner tenement on the second floor of the
watercure building on the north side of
Elliot street.
1t was Mr.. Smiths humanitarian in
stincts that got him into trouble, as the
cats are some which Mr. Smith found on
the street, deserted and forlorn, and took
them home to give them food and shelter
Up to that point his action was COM
mendabIe, but 1t was his subsequent
course that was responsible for legal ac-
ton. The cats We're females and it was
decided not to allow them to roam at will
but to keep them confined to the tene-
ment. This was months ago, and ac-
cOrding to a statement made in court by
the agent for the plaintiff the policy of
keeping the felines indoors has been
rigidly adhered to, but MIR. Smith told
the court the number had been reduced
to three. a-=
Other tenants. so the story goes. looked
upon the cat haven as altogether too
much of a good thing and turned up
their noses. In fact it is Mr.. Smiths be-
lief that the neighbors are the ones who
complained to the agent. Some of them.
he says, found fault because they were
disturbed BY hearing the cats jump down
fro. ha F.nI - hn. HraF but hk1f III
clares that if the other tenants had been
attending strictly to their own affairs
they wouldn't have heard them
The situation as to sanitation did not
disturb Mr.. Smith, but complaints to Afr.
ShumWay were of such a character that
Mr.. Shumway finally told Dir. Smith
that either the cats or Dir. Smith and
his wife would have to leave the tene-
ment.
As conditions showed no improvement
due warning, brought IN the municipal
court an ejectment suit against Dir.
Smith, which came on for hearing this
morning.
Meantime DR.. Chester s. Leach. health
officer had been appealed to TO inspect
public health. DIR. George b. Hunter
of West Brattleboro happened to be in
the building on another case at the time
of DR.. Leachs visit, and the two went
to the Smith tenement together Neither
was equipped with a gas mask SO their
stay was comparatively brief, but they
were there long enough SO that DIR.
Leach decided that change was desira-
BILE.
In court this morning Ar. Smith was
not represented by counsel. Mr.. Shum-
way was sworn as a witness and was
examined by Attorney Schwenk He told
what he knew of conditions in the Smith
tenement and said he had given Mr..
Smith notice repeatedly that they must
be changed.
Il told you several weeks ago." Mr..
Shumway said, addressing Mr. Smith.
that you would have to get rid of those
cats or get out, and you said you would
not do either Isn't that so p
At first Mr. Smith denied the conversa-
ton, and then he replied, That's what
anybody would tell you. isn't it, How
do they do in the city tenementsg They
don't let their cats out there"
Mr. Shumway allowed that a city
tenant wouldn't have a bunch of cats.
1t appeared that MIR. Smith paid rent
BY the week and that three weeks had
elapsed since he paid. Judge Stowe de-
cided in favor of the plaintiff.
Attorney Schwenk thereupon notified
Mr.. Smith that he could have until next
Mondayt move out and that if he was
not out by that time an officer would be
given authority to set his goods out on
the sidewalk
That Mr.. Smith intended to move was
evident from the fact that he said he
was out last night trying to find ten
ement.