Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-06-08
BY r. r. TAYNTON.

The legal status of the dog is a
bewildering subject. According to
the old English common law and
the laws of many of our States,
the dog is a wild animal and there
fore is not subject to the laws pro-
mulgated to protect domestic ami
mals and the owners of such stock.
On the other hand, in number
OF States the dog is recognized as a
domestic animal and is subject to
such laws and regulations. AS a
domestic animal he is recognized
as personal property, and any injury
to him may be collected for by legal
action.
Like other personal property, the
dog is likely to be taxed. Most
States, and some smaller commune
ties, levy taxes in the form of dog
licenses. These are not licenses
for the dog, but for the owner
allowing him to keep and maintain
a dog. The amount of tax varies
with the State and sometimes with
the sex of the dog, although the
latter SeeaIlS Illogical.
Make Owner Responsible.
Not only is the dog recognized as
personal property in many States,
for which his owner is responsible
and for whose actions and possible
depredations he is liable, but he is
sometimes recognized as an indi-
vidual in his own right. as testified
by several cases recently in which
dogs were brought to trial.
One which attained a great
deal of newspaper notoriety
concerned a dog that was re-
sponsible for the drowning Of
q small boy.
1t was testified that the dog was
not of vicious nature, but had
unknowingly hampered the boys
movements in the water by clinging
to him and buffeting him as he
had been in the habit of doing on
dry land A number of other dogs
that have been brought to trial,
some here, for biting people, have
been punished by death or Danish
ment.
In rural districts, there has been
q studied attempt recently to bring
the dog to the notice of the court
In the matter of sheep and cattle
killing. Enemies of the dog, over
looking the unquestioned value OF
the dog to the farmer and stock
raiser, have raised hue and cry
about the number of animals killed
by bands of so-called wild dogs.
These same enemies raise the issue
Of the cost of replacing such stock,
entirely ignoring the fact that in
most States the cost comes entirely
from the sale of dog licenses. More
over, in almost every instance, there
is generous surplus for other uses
when livestock so killed is replaced
They forget, too, that practically
all such damage is done by unli-
censed strays and that efforts should
be directed to eliminating stray dogs
and enforcing licensing laws, rather
than towards increasing the burdens
on the law-abiding, dog owning
citizens.
Strays Should be Eliminated.
The matter of eliminating strays
and enforcing dog licensing laws
has another angle that has been
given prominence recently. 1t is the
only practical and sure way of elimi-
mating rabies that has been devised
Properly pursued, these two proc
esses would control the spread of
rabies almost Immediately, would
put an end to the bitter legal con-
troversies now raging around the
subject.
While person who undertakes
to keep dog for another generally
is responsible for its acts and liable
for damages If the dog gets into
mischief, in most States people who
board dogs for pay are not re-
sponsible for the safety and we'll
being of the animals in their charge
beyond the necessity of taking rea-
sonable precautions to keep them
safe, comfortable and well fed.
In other words, if dog that is
left in boarding kennel runs away
or dies Unexpectedly, the owner must
prove willful negligence on the part
Of the kennel owner before he can
collect reimbursement for the loss