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* x * SUPREME COURT ON DOGS. * * * -* * * *' * * * * * * * * * * * * The State supreme court has re cently rendered a decision in a case concerning a 1og,. which furnishes some very interesting reading. George Langford was indicted at Newberry on the charge of stealing a dog. Judge Gage granted an order quashing the indictment on the ground that under the old common law a dog had no value as property, and that therefore a man could not *be indicted for stealing a dog. The supreme court has reversed this ruling and sent the case back for trial. The decision was delivered by Justice Jones and is as follows: In this case the State appeals from an order quashing an indict ment, containing two counts-one charging burglary of a dog house within 200 yards of and appunten ant to the dwelling of Mary Nichols, with intent to steal, &c., the goods and chatttels of Mary Nichols in the said dog house; the other count charging larceny of a dog of the value of $10 of the proper goods and shattels of Mary Nichols, then and there being found in the said dog house. In sustaining the demurrer to the indictment the circuit court held: (1) that larceny cannot be committed of a dog; (2) that the intent to steal goods and chattels, charged in the first count, necessarily implies the stealing of a dog, because from a dog house and that the offense of burg larv is. therefore. not charged; (3) that it is not compound larceny to steal a dog from a dog house, as al leged in the second count. 1. That first and principal ques tion presented is whether a dog is the subject of larceny. By the old com mon laiv. larceny could not be com mitted of a dog. The reasons as signed for this were the baseness of the nature of such creature; that it was kept for mere whim and pleas ure; that being unfit for food, it was of no intrinsic value; that the penal ty for the felony of larceny was too severe to apply for the stealing of so contemptible a creature. By the state of 10 George III, ch. 18 (George TII. was fond of stag hunting), the taking and carrying away of a dog 'was made punishable, but not as 'larceny. Under the reasoning satis Tactory at that day, it was larceny to steal a tame hawk, but not larceny to steal a tame dog, although it was larceny to steal the hide of a dead dog. Yet by the common law dogs were held to be such property as 'would sustain an action of trover for their recovery. Civil remedies were permitt-ed for injury to or loss of dogs. and they would go to the exe cutors and administrators as proper ty. The reason for the outlawry of dogs in favor of thieves can hardly be regarded as 'persuasive at this day and here, and such crude appli cation of the principles of the com mon law must yield to common sense. The fitness of an animal for food is not the only test of its value to man kind; its capacity for useful service in other ways is often the real test of value. Nor is the fact that an animal is kept for the whim and plgasure of its owner any sort of rea son for excluding it from the law of larceny as a thing of no. value, for amusement has its valuable uses to man. Neither is it just to say of the dog that its nature is so .base as to render it unworthy of protection as absolute property, for Baron Cu vier says the dog is the "completest, 'the most singular, and the most use-, ful conquest ever made by man.'' When we a.re told that the Greeks 'and Romans employed dogs in war.. -armed with spiked collars, and that 'Corinth was saved by war dogs 'which attacked and checked the ene 'my until the sleeping zscrison 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 con tmnb1t f .r shIee".killing dogs and om dread of hydrophobia do injustice to the noble Newfoundland, that bras' 'the wae :o r. s.nte the drowwni child: to the Esrumaux dog, the 'burden bearer of the Arcetic regions; 'to the sheep dog. that guards th;e -shephr'd 's f'<eks and makes sheen raising possible I. some countrie; b.1 the St Bernar'd c-og trained to e; eue travelers lest or buried in the *snows of the A!ps: to the swift andl dleI C'r~ahound: to the package c'ariying spaniel: to the seagtacious 'setters and pointers, through whose eager aid and tables are supplied wi'.h thea game of th~e .season; to the 'fleet fax honnds, whose musie wh2n opening on the fleeing fox is sweet to many ears, to the faithful watch dog, whose honest bark, as Byron says, 'bays "peed-mouthed welcome as we draw near home,'' to the rat eteminatino- terrier; to the wake .i:e than ie d"es the sleeping noa ter: to even the pug, whose very ugli ness inspires the adoration of the mistress; to the brag 'possum and cocui dog, for which t:e owner will fight if imposed upo::; and lastly, to tLe i et dog, the pi-,a: mate of the American boy, to say nothing of the "yaller dog," that defies legisla tures. 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 bought and sold as other property. In this State, by statute, dogs are and have long been taxed as personal pro perty, according to value and for re venue. As stated in Salley vs. R. R., 54 S. C., 484: "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 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 "chat tels" in our State as to simple lar ceny-see 160 criminal code, the term "chattel" including all kinds of property except freehold, or things parcels thereof, and perhaps choses in action. In the case of Ward vs. State, 48 Ala., 161, 17 Am. Rep., 1, holding that there is no such property in dogs as makes them the subject of larceny. the court was influenced by the absence of any sta tute modifying the common law, and the fact that dogs were not taxed as other property in that State. Like wise, in the case of State vs. Doe, 79 Ind.. 9, 41 Am. Rep., 599, the court, while holding dogs not the subject of larceny, said: "If dogs were taxed in this State (Indiana) as other proper ty for revenue purposes, it would be a strong circumstance to show an in tent on the part of the legislature to abrodgate the common law rule and make them the subjects of larceny like any other personal property.'' In the case of Mullaly vs. People, 86, N. E. 365, a strong case in support of the view of this court, the court said: "It can scarcely be supposed that the legislature meant to regard dogs as property for purposes of taxation, and yet - leave them without protec tion from thieves.'' Sustaining our onclusion, among others are the fol lowing cases: State vs. Brown, 8 Bax., 53, 40 Am. Rep., 81; Hornsby vs. Sampson (Iowa), 40 L. R. A., 508, and a very able and exhaustive note on property rights in dogs, beginning at page 503. 2. The circuit court also erred in holding, "that the intent to steal goods and chattels, charged in the first count, necessarily implies the stealing of a dog, because from a dog house.'' The first count did not harge intent to steal a dog, but in tent to steal the goods and chattels of the prosecutrix in said dog house. t is not necessary inference that no hattel other than a dog could be in a dog house, as there might have been other chattels there, such,' for example, as collar and chain, block and chain. vessel for food and water, &e., or -indeed, any other chattel the proprietor might see fit to place therein. The first count could, there fore, be sustained as a court for bur lary, without reference to the ques tion whether a dog is the subject of lareny. In indictments for burglary ith intent to commit larceny, it is necesscary to specify the particular 2mods arnd chattels the defendant in tended to steal. 3 Enc. P1. & Prae., 776. It is urged against this that 51uch want or specification would prevent the plea of former acquittal or conviction. but not so ,for such plea is available if the same burglar ious breaking and entering is the es sential ingredient in both charges. .3. In refernee to the second count, we think the circuit correctly held that it failed to charge a compound larceny. In alleging a larceny from "said doz house.'' this count did not allege that the dog house was appur tenant to and within 200 yards of the dwelling house. This was alleged in the first count. but the rule is that the sufficiency of each es must be determined by its own allegations. without aid from another count. State vs. Johnson. 45 S. C7., 483. But, nevertheless. it was error to quash the second count because it was good as a count for a simple lareeny, and the court of general sessions has con urrent jurisdiction in all cases of lareenv triable by mazistrate. See constitution, art. 5, sec. 18, applied STrABLIS AHATCO HA K O. FaNE WHISKEY5 The above is our shipping best and quickest shipping facilitii HATKE'S VIRGINIA MOUN1 PRIVATE STOCK COnN--'l HOLLAND GIN-Best Gin sol APPLE BRANDY-This years PEACH BRANDY-Made es "ADD 2 We prepay express Charges 800-802-804-806 E. in the case of State vs. Crosby, 51 S. C., 249. The judgment of the circuit court [s reversed and the case remanded for further proceedings. NOTICE OF ELECTION. TATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY. Notice is hereby given that the xeneral Election for Presidential and Vice-Presidential Electors and Rep- ] cesentative in Congress will be held" t the voting precincts fixed by law .n the County of Newberry on Tues lay, November 3, 1908, said day be-! ng Tuesday following the first Mon lay, as prescribed by law. The qualifications for suffrages re as follows: Residence in State for two years, .n the County one year, in the polling reeinet in which the elector offers :0 vote, four months, and the pay ient six months before any election f any poll tax then due and payable. rovided, That ministers in charge of rn organized church and teachers of ~ublic schools shall be entitled to ote after six months' residence in bhe State, otherwise qualified. Registration.-P.ayment of all tax ~s, including poll tax, assessed and ~ollectable during the previous year. rhe production of a certificate or' he receipt of the officer authorized :o collect such taxes shall be conclu ive proof of the payment thereof. Before the hour fixed for opening he polls Managers and Clerks must ake and subscribe to the Constitu ional oath. The Chairman of the oard of Managers can administer :he oath to the other Managers and :o the Clerk; a Notary Public must dminister the oath to Chairman. 'he Managers elect their Chairman nd Clerk. Polls at each voting place must e opened at 7 o'clock a. in., and clos d at 4 o'clock p. in., except in the iity of Charleston, where they shall e opened at 7 a. in., and closed at ~p. m. The Managers have the power to ~ill a vacancy; and if none of the fanagers attend, the citizens can ap oint from among the qualified vot- i ~rs, the Managers, who, after being worn, can conduct the election. At the close of the election, the ~fanagers and Clerk must proceed a1blicly to open the ballot boxes and ount the ballots therein, and con inue without adjournment until the ame is completed, and make a state-1 1ent 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 oard, must deliver to the C.ommis ~ioners of Election the polL list, the )OXes containing the ballots and ;rittten statements of the result of he election. Managers of Election-The follow .g Managers of Election have been ppointed to hold the election at the arious precincts in the said County: Newberry Court House: J. C. Wil ~on, D. F. Pifer, P. M. Hawkins. Newberry Cotton Mills: G. W. Hil er. J. R. Thornton, J. P. Cook. Mollohon Cotton Mills: L. S. Dar y, J. J. Porter, D. P. Adams. Glymphville: G. F. Smith, C. L. 1 reitzsey, Y. M. Cannon. Helena: B. F. Goggans, W. V. Ly e. N. S. Pitts.I Maybinton: W. B. Whitney, C. E. ison. B. H. Maybin. Whitmire: W. S. Jones, F. W. HED 1867 HFEll EllE DISTI LLERS AND SHI ;-Ilrrj- E luE EE A L I WHOLESALE .O house where we have been doing busine ,s. All orders are sent out same day re FAIN RYE-A whiskey we have bee is mild and mellow, try it once, d at this low price - - - crop, but it is PURE BRANDY pecially for us in Maryland. - 0 CENTS EX fRA PER CALLON FOR ANI 24 Pints or 48 Half-Pints of Any A at these prices and guarantee safe deliver Send Money Order or Reg A. HATKE & CARY ST., BOX Cromer's: C. M. Folk, S. B. Mc ,arley, J. B. Dominick. Jalapa: W. W. Riser. W. E. Mer -hant, W. S. Dobbins. Longshore's: J. A. Schroder, J. W. Vilson, R. M. Martin. Williams: J. J. Stilwell, W. R. Reid, C. A. Brooks. Utopia: J. R. Paysinger, J. A. Foy, V. R. Schumpert. Prosperity: E. W. Werts, T. G. 3awkins, Alonzo Bedenhaugh. Hendrix Mill: 0. 0. Shealy, J. A. Vise. W P. Pugh. Sligh's: L. E. Kempson, E. E. Bligh, J. S. Watts. Jolly Street: Jno.. B. Bedenbaugh, 1. J. Kibler, G. P. Werts. Central Schoolhouse: B. S. Wick r, A. L. Aull, G. A. Meetze. Pomaria: H. F. Counts, G. J. Wil ion. J. W. Kinard. Walton: W. B. Graham, Geo. T. Brown, J. D. Crooks. Mount Bethel: Joe Adams, J. A. Sease, E. C. Brown. Saint Phillips: W. G. Meetze, M. I{. Wicker, Benjamin Halfacre. Little Mountain: B. H. Miller, S. WV. Young. J. E. Shealy. Union: E. L. Strauss, D. W. Buz 1ardt, P. B. Banks, Jr. Kinard 's: J. F. Miller, J. C. Gary, W. D. Gary. Garmany Academy: T. L. B. Epps, ). H. Lane, J. J. H. Brown. .The Managers at each precinct nam ~d above are requested to delegate me of their number to secure the >oxes and blanks for the election on saturday October 31, 1908, at Sup ~rvisor 's office in old court house. Eugene S. Blease, Chairman. J. H. Dorroh, A. H. Hawkins, Commissioners of Federal Election 'or Newberry County, S. C. October 5th, 1908. 500 Mile State Family Tickets $11. ~5.-Good over the Atlantie Coast ine in each State for the hread or de >endent members of a family. Limit 'd to one year from date of sale. 1000 Mile Interchangeable Indivi lual Ticket $20.00.-Good over the 11 the Southeast aggregating 30,000 niles. Limited to one year from data >f sale. 2000 Mile Firm Ticket $40.00. Tood over the Atlantic Coast Line nd 30 other lines in the Southeast ggregating 30,000 miles; for a man ger or head of firm and employes li ines in the Southeast aggregating 41, nited to five, but good for only one af such persons at a time. Limited to A tlantic Coast Line and 30 other line' me year from date of sale.' 1000 Mile Southern Interchangeabl4 :ndividual Ticket $25.00.-Good over he Atlantic Coast Line and 75 other 100 miles. Limited to one year from lata >'f sale. All mileage tickets sold on and af er April 1st, 1908, will not b~e honor Jd for passage on trains, nor in ~heeking baggage (except from non igency stations and stations not ~pen for the sal eof tickets) but must e presented at ticket offices and there ~xchanged for continuous tickets. 13 cents saved in passage fare by >urchasing local ticket from our Ltgents. Atlantic Coast Line. T. C. White, General Passenger Agent. V. J1. Craig. Pasen2er Traffic Manager, Wilmington, N. C. LOCATED WKTJ RICHMI NDR C PPERSOF FINE WMtSK<C PROMPT s for more than forty years. Being next to tl ,eived. We make losses and breakage good 1 Gal. n selling for forty years - $2.50 then always - - - - 2.50 -- 2.50 -- 2.50 - - -- - - - 2.50 r OF THE ABOVE BRANDS IN FULL QUART bove Brands In Plain Cases $7.50. y. Write for complete price list, as these istered Letter with order. COMPANY, :371, AN ORDINANCE. Fixing the rate and prescribing the time for the payment of town taxes for the year 1908. BE IT ORDAINED by the mayor and aldermen of the Town of New berry, S. C., in council assembled and by authority of the same: That for the purpose of raising a da revenue and in the exercise of the taxing power of said town, the fol lowing taxes are hereby levied for the fiscal year ending Decembei- 31st, 1 1908, upon all real and personal pro perty within the corporate limits of Mi said Town (except such as is exempt from taxation under the constitution and laws of this State) upon the valuation thereof as assessed for tax- Ad ation for county and State purposes; viz: Section 1. That a tax of sixty cents= on each one hundred dollars of real and personal property within the cor porate limits of the Town of New berry in the State of South Caro lina (except such as is exempt from taxation under the constitution and laws of this State) is hereby levied o for the purpose of raising a revenue ' to defray the ordinary expenses of - said Town for the fiscal year end ing December 31st, 1908. Section 2. That a tax of three fourths of a mill on each dollars' worth of real and personal property within the corporate limits of the Town of Newberry (except such as is exempt -from taxation under theN Constitution and laws of this State)N is hereby levied for the purpose of lai raising a revenue to defray the bond- aC e.d indebtedness of said Town for the Co Opera House. p Section 3. That a tax of two and a rmg half mills on each dollar's worth of SC real and personal property withinFi the corporate limits of the Town of Newberry (except suc2h as is exempt from taxation under the Constitution ter and laws of this State) is hereby le vied for the purpose of raising a revenue to pay the interest on and create a sinking fund for the bonded indebtedness of said Town for the Water Works and Electric Light -- Plant. Section 4. That a tax of one mill on each dollar's worth of real and personal property within the corpor- ] ate limits of the Town of Newberry (except such as is exempt from taxa tion under the Constitution and law of this State) is hereby levied for the~ - purpose of raising a revenue to pay N the interest of the bonded indebted- N ness of said Town for the Sewerage System. m Section 5. That all taxes herein o imposed or levied shall be paid to dec the said Town of Newberry in law- Ne ful money of the United States, be- 190 tween the fifteenth day of October, me< 1908, and the fifteenth day of No- tr vember, 1908. and a penalty of ten per cent is hereby imposed upon andpr shall be added to all taxes in arrears.pr Section 6. That execution issue ac-tb cording to law for the colleetion of' all taxes. fines or penalties past dueAd and unpaid for fifteen days, and the I cost of said execution. 4_ Done ani! ratified under the cor porate seal of the Town of Newberry',P in the State of South Carolina, this P the second day of September, A. D.,c 1908. J. J. Langford, SE] Attest: Mayor- E Eug. S. Werts. IEJEART OF DND, VA. ERN E XPR E5 >HIPMENTS# le express office gives us the 2 Gals. 3 eals. 4% Ga1s. $4.50 $6.50 $9.00 4.50 6.50 9.00 4.50 6.50 9.00 4.50 6.50 9.00 4.50 6.50 9.00 are only a few brands. ZICHMOND, VA. rs. Alice Robertson, TEACHER OF ice, Piano and Ilarniony. Studio Over Mower's Store. )pen Mondays, Tuesdays, Thu ys and Fridays. Phone 263. VIOLIN MUSIC: ss Carrie Pool will give instruc ;ion on the Violin, beginning September the 14th. dress: 1727 Harrington Street Phone: No. 78. FOR SALE 73 Acres FineLano One m!le of city limIts o swberry, S. C. One-half o ids in new grounds. 1 res will make one bale o tton to the acre per year i >perly cultivated. Just tw les from the City Grade :hools and Newberry College se location for a home. C purchased on reasonabl 'ins. Apply to EO. W. SUMER NEW8ERRY, S. C. /. G. H-ouseal, M. D Office Hours- {- t a n L. A. Riser, M, D. OffIce with Dr. Houseal. 8 Sto 9a.zn. Office Hours - 2 to p. TICE OF FINAL SETTLEME AND DISCHARGE. Totice is hereby given that I wt ke a final settlement of the pe;; al estate of Benjamin F. Nicho1s, eased. in the Probate Court fo evberry county on OAtober 12th S. at 11 o 'clock a. mn., and im :lia.tely. thereafter apply for Jet dismnissory. All creditors o I estate will render their elT.ins perly proven to the undersigned or before said 12t'1 (day of ('e er, 1908. Laura C. Nichols, ninistratrix of the perwonal eaae f Benjamin F. Nichols, dece.'sed. .taw. ST CARDF' that sold for 2 for .4 ents at 1 cent. Broaddus & Ruff. B Broaddus & Ruff's Toilet Soap, k>x Paper. Talcum Powder, Dental towder, Tooth Brushes, etc., be.