The herald and news. (Newberry S.C.) 1903-1937, October 09, 1908, Page TWO, Image 2
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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