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>:< >:< * * >:? >;< * * >;< >:< $ $ , % * * * SUPREME COURT ON DOGS. * * * **************** The State supreme court has recently rendered a decision in a case concerning a dog, which furnishes some very interesting reading. (!cop-re Landlord was indiclcd at Newberry on I lie charge of stealing a dog. Judge Cage granted :ni order quashing the indictment on the ground that under the old common law a dog had no value as property, and tliat therefore a man could not he indicted for stealing a dog. The supreme court has reversed this ruling and sent the case hack for trial. The decision was delivered hv Justice Jones and is as follows: In this ease the State appeals from an order quashing an indiet( incut, containing two counts?one charging burglary of a dog house within L'OO yards of and appuntcnant |n tin* dwelling t?I* Mary Nichols, with inleni to steal, iS;e., the goods and <ahalltels of Mary Nichols in the said dog house; the other count charging larceny of a dog of the value ol *10 uf the proper goods and shattels ol Marv Nichols, then and there being found in the said dog house. In sustaining the demurrer to the indictment the circuit court held: M) that larceny cannot be commit led ol a dog; t'J i that the intent |o steal good-! and chattels, charged in the lirst count, necessarily implies the stealing of a dog, because from a dog house and that the offense of burglary i<, t here I ire, not charged; (."{) that ii is U"l compound larceuv to *1 eaI a dog I nun a dog iiouse, as aliened in the second count. I. That first and principal question presented is whether a dog is |he subject of larceny. By I he old common law, larceny could not be com* mil1 ei| o| a dog. The reasons assigned I or thiv were the baseness of the nature of such creature; thai il was kept for mere whim and pleasure; that being unfit for food, il was of no intrinsic value; that the penally for I lie felony of larceny was loo severe to apply for the stealing of so contemptihle a creature. l>v (lie state ol It) (leorge III, eh. 18 ((Seorge 111. was fond of slag bunting), I he taking and carrying away of a dog was made punishable, but not as larceny. 1 nder the reasoning salis'i'actory a I that day, it was larceny |o -teal a tame hawk, but not larceny to steal a lame dog, although it was larceny to steal the bide of a dead dog. Yc| hv the common law dogs 1111 were held (o lie such property as would sustain an action of trover for Their recovery. Civil remedies were permitted for injury to or loss of dogs, and they would go to the executors and administrators as property. I'he reason for the outlawry of dogs in lavor of thieves can hardly be regarded as persuasive at this day and here, and such crude application of the principles of llie common law must yield to common sense. The fitness of an animal for food is not the only test ol' its value lo mankind; its capacity for useful service in other wavs is often the real lest of value. Nor is the fact that an animal is kept for the whim and pleasure of its owner any sort of reason for excluding it from the law of larceny as a tiling of no value, for amusement has its valuable uses to man. Neither is it just to say of the dog- that it-1 nature is so base as to render it unworthy of protection as absolute property, for Baron Cuvier says the dog is the "completes), the most singular, and the most useful conquest ever made by man.'' When we are told that the Creeks and Romans employed dogs in wa*\ armed with spiked collars, and that Corinth was saved by war dogs which attacked ami checked the enemy until the sleeping garrison were aroused, we better understand Shakespeare's Antony when he said, "Cry havoc, and let slip the dogs of war." We should not let our contempt f c .ilice; killing dogs and <> ; dread of hydrophobia do injustice !o the noble Newfoundland, that hri.vs 'the water ;o i?sii.e the drowm-; child; to the Ksnimaux dog, the burden bearer <?l the Arc-tic regions; to the sheep dog, that guards l:,e shepherd's f\< ;<-. and makes sheen raising possible i some countries: { the S{. Bernard ?og trained to rescue travelers lest or buried in the snows of the .Alps', to the swiff and ?|ocile erayhcuno: lo the package carving spaniel; to the scagacious sellers and pointers, through whose eager aid and tables are supplied wi'h tha game of the reason; to the fleet f.?x hounds, whose music whon opening on the fleeing fox is sweet to many ears, to the faithful watchdog, whose honest bark, as Byron says, bays "peed-mouthed welcomti as we, draw near home," to the rat^exterminating terrier; to the wake ful fice, whit h (he burglar dreads p.ore Ihan iio duos the sleeping > tor; lo even I lie pug, whose very ugliness inspires the adoration of the mistress; to the brag 'possum and coon dog, for which the owner will fight if imposed tipo::; and lastly, to the ) et dog, tin playmate of the American boy, to say nothing of the "yaller dog," that defies legislatures. Of all animals the dog is most domestic. Its intelligence, docility and devotion make it the servant, the companion and the faithful friend of man. The raising and training of dogs are now pursued by many as a business, large sums of money are invested in them, and they are j bought and sold as other property. In | this State, by statute, dogs are and I have long been taxed as personal properly, according lo value and for revenue. As stated in Salley vs. R. R., )1 S. *181: "What the law taxes as personal property it will protect as such." This legislation is potent in two ways: (1) If the common law rule, notwithstanding the fallacy of the reasoning upon which it is based, as applied to present conditions, should be held of force in this State, in the absence of modification by statute, then the statute taxing dogs i as personal property and valorem and for revenue is a modification of the common law rule. (2) it brings dogs as personal property, and things of value within the meaning of "chattels" in our Slate as to simple lar- cony?.see l(if) criminal code, the term "chattel" including all kinds ( "I property except freehold, or I hums parcels thereof, ami perhaps ehoses ia action. fn the case of .. Ward vs. Slate. IS Ala.. Hil, 17 Am. Rep., I, holding that there is no such property in dogs as makes them the ^ sub ject 111 larceny. I lie court was in 11ueiiced by |he absence of anv statuie modifying the common law, and (l he I act that dogs were not taxed as . oI her property in that State. Likewise. in the case of State vs. Doc, 7!) " Ind.. !), II Am. Rep., .>! !), the court, while holding dogs not the subject of . larceny, said: ''II dogs were taxed in this State (Indiana) as other proper- , ty for revenue purposes, it would be ' a strong circumstance to show an intent on the part of the legislature to 'l abrodgate the common law rule and make them the subjects of larceny '' like any other personal property." In P the case of Mullaly vs. People, 8(?, N. '' I'.. .!(? ). a strong case in support of " t lie view o I this court, the court said: ? ''It can scarcely be supposed that the '' legislature meant I" regard dogs as n property for purposes of taxation, P and yet leave them without pro tec- v lion front thieves." Sustaining our '' conclusion, among others are the following ca>es: Slate vs. Brown, 8 Bax., v >!!, In Am. Rep., 81; Ilornsbv vs. Sampson (Iowa), 10 L. R. A., 508, ' ami a very able and exhaustive note on property rights in dogs, beginning '* at page .">(>;>. si 2. The circuit court also erred in holding, "that the intent to steal ' goods and chattels, charged in the ' first count, necessarily implies the 1 stealing of a dog, because from a dog house." The first count did not ' charge intent to steal a dog, but in- ' tent to steal the goods and chattels of the prosecutrix in said dog house. It is not necessary inference that no a chattel other than a dog could be in a dog house, as there might have been other chat lids there, such, for example, as collar and chain, block ! ami chain, vessel for food and water, ' Are., or indeed, any other chattel the ' j proprietor might see fit to place . therein. I lie lirsl count could, there- ^ fore, be sustained as a court for bur- ' glary, without rctereuee t.? the rjueslion whether a dog is the subject of ' larceny. In indictments for burglarv with intent to commit larceny, it is ^ j uecesscary to specify the particular uood- and chattels the defendant in- I | tended to steal. Km*. 1' 1. & I'rac., V 77li. It is urged against this that , such wan; or specification would prevent the plea of former acquittal " or conviction; but not so ,for such plea is available if the same burglar- j ions breaking ami entering is |hc es- . sential ingredient in both charges. s d. In reternce to |he second cou it, |, vv*' think the circuit correctly held v tnai it tailed to charge a compound j larceny. In alleging a larceny from "said dog house," this count did not \ allege that the dog house was appur- ^ tenant to and within 200 yards of the v dwelling house. This was alleged in the first count, but the rule is that s the sullicieney of each iuii'<t must be determined by its own allegations, | without aid from another count. State vs. Johnson, -lo S. .|8.'}. But, 1 nevertheless, it was error to quash tho second count because i' was good 1 a> a count lor a simple larceny, and the court of general sessions has con- 1 current jurisdiction in all cases of larceny triable bv magistrate. See I constitution, art. 5, sec. 18,'applied in reference to larceny of live stock, 1 tpA HATK ThtT a ftne whiskeys I IB ! 1 | I El 1 b ihect! | fv> The al)ovo is our chipping I : best and quickest shipping facilitio! HATKE'S VIRGINIA MOUNT PRIVATE STOCK COoN-'T HOLLAND GIN ? Best Gin sole APPLE BRANDY?This years PEACH BRAN DY ? Made esp "ado it We prepay express Charges i 8OO-8OS-8O4-8O0 E. i (lie case of Stale vs. Crosby, 51 8.! 249. * C The judgment ??L* I lie eirouit court ; reversed and I he case remanded for i c! iii*lher proceedings. : i v NOTICE OF ELECTION. TATF OF SOUTH CAROLINA, R CO IN TV OF N FWBFRR Y. Notice is hereby given that the V eucral Flection for Presidential and ice-Presidential Fleclors and Kep- II rsenlative in Congress will be held I the voting precincts fixed by law V i the County of Newberry on Tuesav, November !5, li)08. said day be- ' S ??r Tuesday following the first Mon- | ay, as prescribed by law. 1 ?T The qualifications for suffrages] re as follows: i ei Residence in Slate for two years, ! i the Connlv one year, in the polling Is< recinct in which the elector offers > vote, four months, and the pay- ^ lent six months before any election f any poll tax then due and payable. ' rovided. Thai ministers in charge of n organized eburch and teachers of " ublic schools shall be entitled to j ote after six months' residence in : le State, otherwise qualified. Registration.?Payment of all tax*. including poll tax, assessed and dlectable during the previous year, j 'he production of a certificate or j ? lie receipt of the officer authorized > colled such taxes shall be eoncluive proof of the payment thereof. Before the hour fixed for opening ! j lie polls Managers and Clerks must ^ ike and subscribe to the Oonstitu-j ' ional oath. The Chairman of Ihej ' toard of Managers can administer; lie oath to the other Managers and I ? the Clerk; a Notary Public must | dminister the oath to Chairman, j 'he Managers elect their Chairman , ml Clerk. | ,( Polls at each voting place must j e opened at 7 o'clock a. m., and clos- j il at 4 o'clock p. ni., except in the j 'iIv of Charleston, where they shall 2. e opened at 7 a. in., and closed at ' L p. m. I p The Managers have the power to e< ill a vacancy; and if none of the fanagers attend, (lie citizens can ap-| d oint from among the qualified vot- ' ir rs, the Managers, who, after being m worn, can conduct I lie election. 'o At the close of the election, the! lanagers and Clerk must proceed j Q nblicly |o open the ballot boxes and a unit the ballots therein, and con-I o iiiue without adjournment until the | n, ame is completed, and make a state- j j: lent of the result for each office, ~ nd sign the same. Within three days hereafter, the Chairman of the ^ ?oard, or some one designated by the loan.l, must deliver to the Oommisioners of Flection the poll list, the j ioxes containing the ballots and j frill ten statements of the result of he election. Managers of Election^?The followng Managers of Flection have been ippointcd to bold the election at the ' arious precincts in the said County: 0 Newberry Court House: J. 0. Wil- c on, I). F. Piter, P. M. Hawkins. a Newberry Cotton Mills: 0. W. 11 il- 0 er, .1. R. Thornton, .1. P. Cook. ^ Mollohon Cotton Mills: L. S. Dar- c >y, J. J. Porter, I). P. Adams. Olymphville: 0. F. Smith, 0. I* j I1 .eitzsey, V. M. Cannon. \a Helena: B. F. Ooggans, W. V. Lyes. N. S. Pitts. Maybinton: W. B. Whitney, C. E. Jison, B. H. Maybin. V Whitmire: W. S. Jones, F. W. ''ant, C. II. Shannon. E & co rr*** SEP 1867 MlLUpi MS^ND g^TT ill? iBHHl RgTAI L bK^I^^^LESALj" [? ^ ^ ^ yj l*?'F * 11 v ^ liouso where we have been doing busine 3, All orders are sent out same diiy rc AII\J RYE-A whiskey wo hove bee s mild and mellow, try It once, I at this low price crop, but it is PURE BRANDY leoially for us in Maryland. I CENTS EXTRA PER GALLON FOR AN 24 Pints or 48 Half.Pints of Any A it these prices and guarantee aafo delivei Send Money Order or lief A. HATKE & Cromer's: C. M. Folk, S. 13. Mcarlcy, J. H. Dominiek. I Jalapa: W. \V. Kiser. \V. R. Merliant, \\ . S. I)obl)ins. Loin-shore *s: .1. A. Schroder, J. W. \ ilsihi, K. M. Martin. Williams: .]. Stilwell, W. K. :oid, C. A. Brooks. I topia: J. |{. Paysinger, ?J. A. Fov, k. I\. Sclmiiipcrt. Prosperity: 10. \y, Worts, T. G. law kins, Almi/i) Bolciitiniigli. Uciidrix Mill: (). (). Shealy J A Use. \\\ P. I Sligh s: I,. ] ). Kcnipsmi, 10. 10 ligli, .1. S. Watts. 'lolly St reel ; ,|?o.. }>,. Bodeilbaugll, . Kihler. (!. I*. Worts. Central Sehoolhouse: B. S. Wickr, A. L. Anil, G. A. Meefzo. Poniaria: 11. F. Counts, G. J. Wil>n. -T. W. Kinnrd. Walton: W. B. Graham, Geo. T. rown. J. I). Crooks. Mount Bethel: Joe Adams, J. A. oaso, 10. C. Brown. Saint Phillips: W. G. Meelze, M. T. Wicker. Benjamin llalfacre. Little Mountain: P?. II. Miller S. Young. J. 10. Shealy. Union: 10. L. Strauss, D. W. Buznrdt. P. B. Banks, Jr. Kinard's: J. F. Miller, J. C. Garv f. 1). Gary. ' ' fJarmany Academy: T. L. B. Epps, tV J. ?T. IT. Brown. I lie Managers at each preeinet nam'1 above are requested (o delegate no of their number to secure the <>xes and blanks for the election on aturdav October 111, 1008, at Suprvisor's office in old court house. I lOugene S. Blcase, Chairman. <T. II. Dorroh, A. IT. Hawkins, Commissioners of Federal Election ji* Newberry County, S. C. October r>th. 1008. 500 Mile State Family Tickets $11.5. Good over the Atlantic Coast ine in each State for the head or decadent members of a family. LimitI to one year from date of sale. 1000 Milo Interchangeable Indiviual Ticket $20.00,-0ood over the i tiie Southeast aggregating 30,000 liles. Limited to one year from date f sale. 2000 Mile Firm Ticket $40.00.? ??d over the Atlantic Coast Una ud 30 other lines in the Southeast ggregating :i0,()00 miles; for a mangel oi bead of firm and employes lilies in the Southeast aggregating 41 kited to five, but good for only one f such persons at. a time. Limited to tlantic Coast Line and 30 other lino^ ne year from date of sale. 1000 Mile Southern Interchangeable ^dividual Ticket $25.00.?Good over io Atlantic Coast Line and 75 other 00 miles. Limited to one year from ato ->f sale. All mileage tickets sold on and afJr April 1st, 1008, will not be honord for passage on trains, nor in becking baggage (except from nongency stations and stations not pen for the sal eof tickets) but must o presented at ticket offices and there xchanged for continuous tickets. 15 cents saved in passage fare by >urchasing local ticket from our gents. Atlantic Coast Line. T. C. White, General Passenger Agent. !. Craig, Pasensrer Traffic Manager, Wilmington, N. C. LOCATED I N' RICHr I ' >f F I C ez. 11 ?> l-ilf^> A jB8HfeM - PROMP >ce&fa0W tlmnif0rfy years- Bein? ncx* -ceivod. We mako losses and breakage g. ? ? ... 1 Ga n selling for forty years - $2.5 thon always - - - ? 2 5 " " " - - 2.5 2.5 " 2.6 V OF THE ABOVE BRANDS ff/V FU11 Qt 601/0 Brands In P/a/? Caao* S7.SO. y. Write for complct? prico list, as t ;istered Lotter with order. COMPANY, 3T1, AN ORDINANCE. 1*ixing (he rate and prescribing the tune IV)i* (he payment of town- taxes lor (lie year .1008. Hlj 11 OKDAINLD bv the mayor and aldermen of (lie Town of Newberry, S. C., in council assembled and by authority of the same: I hat for the purpose of raising a revenue and in the exercise of the taxing power of said town, the following taxes are hereby levied for the fiscal year ending December 31st 1908, upon all real and personal property within flic corporate limits of said Town (except such as is exempt trom taxation under the constitution and laws of this State) upon the valuation thereof as assessed for taxation for county and State purposes; Section 3. That a tax of sixty cents on each one hundred dollars of real and personal property within the corporate limits of (he Town of Newberry in (he Staie of South Carolina (except such as is exempt from taxation under (he constitution and laws of this State) is hereby levied or (lie purpose of raising a revenue to defray the ordinary expenses of said lown for the fiscal year ending December 31st, 1908. Section 2. That a tax of threefourths of a null 011 cach dollars' worth of real and personal property witlun (he corporate limits of the lown of Newberry (except such as is exempt -from taxation under the Constitution and laws of this State) is hereby levied for the purpose of raising a revenue to defray the bonded indebtedness of said Town for the Opera House. Section 3. That a tax of two and a alt mills 011 each dollar's worth of real and personal property within the corporate limits of the Town of ! Newberry (except such as is exempt I trom taxation under the Constitution land laws of this State) is hereby levied for the purpose of raising a revenue to pay (he interest on and create a sinking fund for the bonded indebJedncss of said Town for the [Water Works and Electric LH,t Plant. 0 Section 4. That a tax of one mil! oil each dollar's worth of: real and personal property within the corporate limits of (|,o Town of Newberry (except such as is exempt from taxation under the Constitution and law< of this State) is hereby levied for the purpose of raising a revenue to pay (lie interest of the bonded indebtedness of said Town for the Sewerage System. I SoHion Tliat .,11 taxes heroin imposed or levied shall be paid to the said Town of Newberry in lawful money of flu? United States, between the fifteenth day of October 1008, and the fifteenth day of No-' vein her, 1008, and a penalty of ten per cent is hereby imposed upon and shall be added to all taxes in arrears. Section 0. That execution issue according to law for the collection of nil faxes, fines or penalties past due and unpaid for fifteen davS, nnd tlu> cost of said execution. ' Done and ratified under the corporate seal of the Town of Newberry in the State of South Carolina, this the second day of September, A. D., J."I/O. J. J. Langford, Attc*t: Mayor. Eng. S. Werts, Clerk and Treasurer. WW??n jlBHI j 4 H T.HE.HEART OP 7 I lOND, VA,.| I ? M Tyinrf^ . 5 OUT hfER N EXPRESS ' ' T SHIPMENTS.\ , , ; to tho express offico gives as tho ood I. 2 Gals. 3 Qals. 4yA Gals. 0 $4.50 $6.50 $9.00 S O 4.50 6.50 9.00 W O 4.50 6.50 9.00 O 4.50 6.50 9.00 0 4.50 6.50 9.00 1 ARTS." lieeo are only a few brands. Richmond, Va. ps. Alice Robertson, TEACHER OF Voice, Piano and Harmony. Studio Over Mower's Store. JfeB Open Mondays, Tuesdays, TluujHV days and Fridays. fffi Phone 263. W VIOLIN MUSIC: W Miss Carrie Pool will give instruc-Jp| tion on the Violin, beginning September the 14th. JH Address: 1727 Harrington Street.^K Phone: No. 78. SB *0 ^ M 0 ~ - tr" ? ?2 0 ^ o *: 5 ? S? > 13 > p> o lJ lT z? 553 x<< 3 ? ?-> 2 2. O ! 3 m (P M " g. 53 PH ^ ?vi1/1 S s" - c O O w 3 FOR SALE I 173 Acres Fine LandS One mile of city limits olflj Newberry, S. C. One-half ofl| lands in new grounds. 100H| acres will make one bale o?S cotton to the acre per year i'j^R properly cultivated. Just twJH miles from the City GradecMf Schools and Newberry College?! Fine location for a home. CanH| be purchased on reasonabkB|| terms. Apply to gfc GEO. w. summer! NEWBERRY, S. 0. B va/. g. Houseal, /v\. dfilfl Office Hours - i 9 to IO a ?? BI l 3 to 4 1>. m. ^HHK| I?. A. Riser, /W, D, ?fflce VA/Itli Or. Ilousenl' Office Hours - J 2 to 3 p m' I 6.30 to 7.30 ]>. ? v -. NOTICE OF FINAL SETTLEMF^l^^W AND DISCHARGE. Notice is hereby given that I wi'vBp make a final sol (lenient of fhe pev^ff^"' sonal estate of Benjamin I<\ Ni<:hoh?n 1 deceased, in the Prolntc Coin* fojBL jJjjhorry county on O-lober l^thflHj mediately thereafter apply for Jet-j^^P'* lers dismissorv. All creditors oil? said estate will render their chinxH properly proven to the undcrsimisdBj "'b (>l Sn'(1 1 "l1 ('"-v ('c-jH .... Laura C. Nichols, Administratrix of the pcr-onal es*a?? | Benjamin F. Nichols, dvce.ised! ?1 U-l taw. 3h POST CARD? that sold for 2 for 5 I cents f\ 1 1 cent. Broaddus & Ruff. H SEE Broaddus & Ruff's Toilet. Soap |H Box Paper, Talcum Powder, Dental ill Powder, Tooth Brushes, etc., he B fore you buy. ' M f) 9 Bf