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Show t Page 2 Sugar House, Utah Thursday. October 24, 1957 INDEPENDENT Are You Being FairtoYour Neighbor? Are you being fair to your neighbors? ' While we realize this is a provo-cative question, we feel it isonly fair that it should be asked, and that you, the readers, should have a chance to answer it. This is in reference to that grea-test of all pets, the dog. The Salt Lake County, there are definite rules and ordinances est-ablished for the protection of both the dog owner and his neighbor, the property owner. And, in spite of these rules and ordinances, carefully thought out and duly passed into laws, the controversy between the pet own-er and the property owner waxes hot and hotter with each passing week. I "What can I do about the dog that tears up my newly-plante- d lawn and ruins my expensive j shrubs," wails the distraught pro-perty owner. "Can my neighbor shoot - my dog legally?" screams the owner :0f a pet. And, in between, stands the County License" Department and their representatives. Patiently, this office explains to irate citizens that there is a law that specifically says, "Dogs may not be allowed to run at large." 'But the law does little to protect; j the shrubs and lawns ddesecrated 'by wandering canines. So, this is directed at the owners of pets that have been allowed to j become a public nuisance. The Dog Ordinance specifically declares that any dog that has been allowed to become a public nuisance can be impounded and summarily destroyed, unless re-claimed by his owner and said owner shall thereafter see to it that his dog does not destroy neighbors property nor annoy or disturb excessively those same neighbors. Dogs left unattended, chained or penned, that bark in-cessantly and howl to the moon when the neighborhood is trying to rest, are as much of a public nuisance as are those that des-troy property. Now, on the dog owners' side, There are many, many owners who carefully see that their dogs are chained, penned or otherwise kept under control and who see -- that their pets are properly lic-ensed and cared for. . And these owners derive a great pleasure from their pets, and at the same time cause their neighbors very little inconvenience. Neighbors who are unreasonable in their de-mands that dogs thus. cared for be prohibited in the area, are be-ing as unfair to these pet owners as are the pet owners who take little or no care of their dogs. So, residents of Salt Lake Coun-ty, get a copy of the dog ordinance from Room 307, City and County Bldg., read it carefully and make it your business to see that you, as a pet owner, are complying with this set of rules, and that you, as a property owner, are not being unreasonable in your demands. t Are you being fair to your neigh-bor? Make a careful check, and it stands' to reason, a great deal of the present unpleasantness can be corrected and future difficulties avoided. NATION A t t 0 I T 0 R lA I AScfjTlON i With 'this beginning, which pre-sents a rather broad, but brief, view of the organization of the law, we should be able to bring into closer focus what our law is, and what .it can be expected to do under certain situations. In addition, to giving certain exam-ples and illustrations of the action of the operation of the law, this column will, in future issues, at-tempt to furnish some basis for an appreciation of why we have chosen to submit ourselves to the control of the law. To do this you will meet here historical fact, fan-cy, and anecdote, for law is life--it was, and is made by men whose emotions ran, and yet run, the same gamut as do our own. The Common Law And The Statutory Law In this country we have a legal maxim which states that for ev-ery wrong there is a remedy. This we shall find is largely true, and to find that remedy for what-ever wrong is suffered by persons within ouc borders we shall look to either the common law or to that law which our representatives to the Congress of the United States have enacted and the Pre-sident has seen fit to sign, and the law enacted or authorized by the legislatures of the various states. Within these two groups falls all of the secular law. j What is the common law? The! name was aptly chosen for it was made from the' settlement of con-troversies which commonly arose among the inhabitants of early England the American common law is primarily an English insti- - The seamless web is a vast body of rules designed to control the conduct of all organized civi-lizations, and to provide a remedy for those who have been harmed, or who are about to be harmed by conduct which does not fit the conception of justice which each organized society has built for it-self. The Seamless Web is the Law. In this column, this week and in future issues, you will find a gen-eral survey of those rules which govern your relations with your neighbor, the butcher, the baker, the candlestick maker, and that ubiquitous institution which seems to have become so much a part of our lives, the finance company, to mention only a few of our daily associations. It is believed that what you will find in the Seamless Web will be both interesting and informative. The subjects treated here will be discussed generally without any attempt being made to solve specific problems. For the application of the law to a specific situation you should see your lawyer. However, it is hoped that our weekly conclave will be such that readers will find it not only entertaining, but educational as well. No doubt within a week or two the problems printed here will spark your curiosity, and if they do your questions, addressed to the writer in care of this paper, will be discussed in this column if, in the opinion of the writer, they can be dealt with ethically the determination as to whetherj they will be answered will have to remain within the discretion of your correspondent. Organization of the Law A popular legal reference work has over fur hundred different headings under which the rules of the law are organized. This does not mean that each one of these divisions is a group of rules which can be applied to solve legal pro-blems independently of the others. The converse is true. The solution of legal problems depends upon the application of the rules from many of these different classifica-tions. This vast body of rules of con-duct which we call the law, ex-tends into every form of human activity, and it is not inconceiv-able that one fact situation could involve some consideration of the principles of each of the numerous fields and classifications of the law. So, the appelation, the Seam-less Web, remains the term which can convey the most realistic pic-ture of that body of rules under which we chose to govern the con-duct of our society. If we imagine that each of the countless rules of law is a thread woven into a seamless web, that tution. The rules with which the American colonists began an org-anized society on the new contin-ent were pronounced by judges and men of authority in feudal times. These rules became furth-er entrenced when the King's Courts were organized during the reign of Henry II (1154-118- 9) and at that time the common law be-gan to evolve away from mere-loca- n customs into the vital and active principles for which Sir Edward Coke (rhymes with cook) (1552-163- 4) was so largely respon-sible. The common law was so dear to the hearts of the early colon-ists that they claimed it as their birthright and looked to it for the maintenance of their new found freedom. This system of law con-tinued in full force as the major guarantee of civic freedom to the colonists," and the original Declar-ation of Rights of the Continental Congress recognized it as such. Thus the common law became the basic framework for the founda-tion of all the original states and the states formed from the origi-nal states. In the states of our country which were formed from territory acquired from countries in which a different system of law was followed it became nec-essary to determine which of the two different systems would be followed, and generally in most development of the society of this state they have been and are yet the rule of decision. Because the common law dealt with common situations and met each controversy with a view toj a just settlement (which would preserve the King's peace) it has maintained its life and vigor, and; its evolution was such that it gave to every new society in this coun-try a basic and lasting frame-work upon which to build and it was and i3 flexible. Sir Edward Coke, supra, de-scribed the common law this way, "Reason is the life of the law; nay, the common law itself is no-thing else but reason. The law. which is the perfection of reason." Next week, we will venture into the web with one of our major j landmarks as a guide. See you then. all the threads of a like kind are situated in the same area of the web, then when one part of the web is pulled, used, or disturbed we can see that some reaction is produced from all other parts of the web. Such is the action and interplay of the law. With such a group of rules and) mandates controlling our conduct. it is readily understandable why certain guideposts and landmarks are necessary to lead us- - through any search or inquiry wev may want to make into the law. From early times such guideposts or classifications were used. The ancient Romans classified their law into Persons, Property and Things. This evolved into a classi-fication, current some forty years ago, called The Seven Grand Di-visions of The Law. These divi-sions were Torts, Contracts, Crimes, Equity, Property, Govern-ment and Procedure. Each one of these is a quilting block in the web we have spoken of. and each one is attached to and interwoven with .the other without a seam. About all of these areas and divi-sions we will have more to say in subsequent issues. Each of them! will come in for its discussion and brief analysis. They will serve as major landmarks for our venture! into the fastnesses of the Seamless! Web we will need them. j all of these the common law has been accepted and put into opera-tion by statutory enactment. An illustration of this which is found close to home comes from our Utah statute, Title 68, Chap-ter 3 & 1. UCA 1953. "The com-mon law of England so far as it is not repugnant to, or in conflict with, the Constitution or law of the United States, or the Consti-tution or laws of this state, and sq far only as it is consistent with and adapted to the natural and physical conditions of this state and the necessities of the people thereof, is hereby adopted, and shall be the rule of decision in all courts of this state." This statute has come under the view of the Supreme Court of the State of Utah on various occasions and the high court has ruled that the fundamental principles of the English common law were adopt-ed in this state without any of the harshness or rigor which charact-erized some of the ancient law, and in so far as these fundamental principles lent themselves to the Letters to The Editor Dear Sir: I received a sample copy of your newspaper South East Inde-- i pendent. I am a newcomer to the city and would like to subscribe. Yours truly. Amy M. Schwendiman 2339 Green St. Salt Lake City 6. Utah NOTICE TO CREDITORS Estate of Samuel A. Mackay, aka S. A. Mackay, Deceased, Creditors will present claims with vouchers to the undersigned at the office of W. Douglas Allen, 2121 South State, Salt Lake City, Utah on or before the 12th day of January, A.D. 1953. Glen S. Mackay, Ad-ministrator of the Estate of Samuel A. Mackay aka S. A. Mackay, Deceased. V. Douglas Allen, At-torney for Adminis-trator. Date of first publication . Tub. dates Oct. October 10th, A.D. 1937. NOTICE TO CREDITORS Estate of Marie S. Otten, de-ceased. Creditors will present claims with vouchers to the under- - signed at Donna Alsterlind Earl S. Spafford, attorney at . law 2183 Highland Drive, on - or before the 20th day of Decem-ber A.D. 1937. Donna Alsterlind, Ad--; ministratrix of the Estate of Marie S. Otten, Deceased. Date of first publication Oct. 17. A.D. 1937. NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue of a chattel mort--: gage executed by Credit In-dustrial Loan Plan and Geo. J. Thomas and Gerald Parkins, dated the 1st day of May, 1957, and upon which default has been made and upon which is due $878.77, we will expose for sale at public auction on the 25th day of October, 1957 at 10 A.M. o'clock, at 1063 East 21st South, Utah, certain r Salt Lake City, : propertv mentioned in saii to wit: mortgage as follows, 1951 OldsmoMe Four Door Sedan. Motor No. SC 13S722 The terms of the sale will be made known on the day of the sale. SOUTH EAST INDEPENDENT 1123 East 21st South Dial IN 32 Or HU The South East Independent is entered as Second Class Matter, March 1, 1946, in Salt Lake City Post Office under the act of March 3, 1879. It is published each Thurs-day morning. South East Independent is pub-lished by the News Bulletin, Inc., and Sugar House Press, Inc., at 1123 E. Twenty-Fir- st South St. Sugar House, Utah. Subscription rates are 3.00 per year by mail. Single copy price is ten cents. Publisher Clair King Editor Emma D. King The Russian satellite moon en-circling the earth approximately 15 times a day reminds us how small and closely inter-relate- d this planet of ours has become. What happens on the other side of the globe has almost imme-diate repercussions in our own country. We cannot cut ourselves off from what goes on in the rest of the world. And we ignore it at our peril. Earnest American concern over the role of the United Nations is thus made more important by re-cent atomic, missileand satellite developments. Unless we are to stake our whole future on Ameri-can staying power in a catastro-phic struggle for survival, the way must be found to mainten-ance of peace and security thru some kind of international agree-ment. BUSINESS PROPERTY FOR sale right in the heart of Sugar House. One-hal- f block from Wa-lker Bank. 5 rm. brick home ' rents for $100-1- 10 feet, 52 feet deep lot 1033 Elm. Dial EL 3I LESSONS IN PIANO piano ac-cordion (can be rented for be-ginners.) Spanish and Hawaiian guitars. Holladay location, Mrs. Jensen CR FOR ADVERTISING CALL 'Emma' 11115-826- 1 New Halloween Parties Halloween has turned from a holiday of pranks and sometimes destruction to the trick-and-tre- at custom of today and now to the wonderful Trick and Treat Parties planned by the UNICEF for the United Nations Children's Fund. And anyone interested may be hostess. Invite the children of the neigh-borhood in and with their marked cartons, identification cards and (of course, costumes and a remin-jde- r to be courteous they go on their way to collect the treat for the Children's Fund in an hour's jtime. The guests at the parties remind their contacts their treats should be frdm a penny to a nickel and the funds are used for thej medical care and food for child-ren of other lands. When the children have com-pleted the areas they return to jthe host's home for their own treats of light refreshments and 'usually play games while the mo-ney is counted to find the total j fund they have assisted in bring-ing in to the worthy cause. Oct. 27, Ed Murrow will show- - the Jo Ellen Cunnings and Danny Kaye film on UNICEF on "See It Now." If anyone is interested in being hostess to the new Hal-loween party they may call CR-7-32- 75 for further details. Welcomed to the home of the Don R. Freebairns, 1317-4t- h East, was a baby daughter and they have called her Carla Elizabeth. . Happy with his new sister is two-- ' year-ol- d David. , Accidents in 1936 took the lives of nearly 35,000 persons in the prime of life 15 to 44 years of age the National Safety Council reports. An additional 19,400 per-sons 45 to 64 died from acci-dents. |
