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