| Show A NEW ORDINANCE NEEDED THE present ordinance of this city relative to embray anil and trespassing tres passing animals should be immediately superseded pers eded by a new one that would conform to the new territorial law upon the subject itis it is open to alithe all the objections that were raised against the old territorial statute and which the courts sustained tied thereby rendering inoperative the essential features of that laws law of which it is as a matter of fact noab nothing 1 dg more than an adaptation under the new territorial law pond keepers are done away aay as also is the old method of appraising the damages the city council should follow in the wake of the superior legislative body by abolishing both these features of the present ordinance before a mans property is sold he is entitled to his day in court which he be does not have under the pou nd keeper system and in order that he may enjoy this thia right the selling of thes the acock cock must be under ja the order of a court and must be preceded by certain judicial proceedings ce edings all of which is impracticable u under ader th the P pou beeper method the old way of appraising the damages done hy by trespassing tres passing ant mals male was unconstitutional in that it conferred judicial functions upon the appraisers selected for the occasion whereas such functions can lawfully be exercised only by judicial officers such ruch as a justice of the peace or other court all proceedings based upon an unlawful appraisal of damages are of course vol voi 1 and parties to them pound keepers especially are likely to be rendered liable to litigation and for damages under the new territorial law the person damaged may seize aud and hold the trespassing tres passing aming animal anival until the damage is paid forty eight hours is given in which he and the owner of the animal may settle without litigation if they fall fail to do this the case goes before the j ustice of the peace of the precinct by whom the amount of damaker damages costs etc is judicially determined and under whose order the animal is sold if needful the necessity of having a city ordinance upon this subject corresponding with the territorial law is too obvious to need urging this requirement ex bats in all tho incorporated cities of the Terri territory tor |
