Show THE NEW LAW ix IN our present issue we published the law passed at the late session of the legislature As many of our readers are aware the former statute upon the same subject had by the courts been declared invalid in several of its vital provisions and the territory was virtually without legislation in regard to estraya and trespassing tres passing animals there was urgent demand for a law upon the subject and the governor referred in his message to this great need early in the session a bill was introduced into and passed by the council intended to supply the want but the house rejected it with the understanding that certain of its ito members would draw a better one the matter estter was deferred until the last day of the session when the bill which became the present law was I 1 introduced alrod and passed the aim of this statute is 18 in the direction of justice and hen henoc to that extent it is a comme noBble ae measure what it Is intended to accomplish ought to be done and while we are reluctant to raise objections to a law the design of which is beneficent we deem jt it proper to call attention to some provisions contained in this one which are of doubtful validity we reproduce sections 2 and 8 3 sec 2 all horses mules and neat cattle regardless of age except sucking in calves and colts found running aldge at large on which there is no brand and all such auch animals branded the owners of which after reasonable search cannot be found and which have been running at large on any range in this territory for one year or more and any hogs running at large on tho the promises premises or of any person not tile the owner are hereby declared to be es trays 61 see sec 3 it is hereby made the duty of the constable of any precinct to take U up anve any strays in said precinct cpr and after advertising them giving therein a general description for ten days he shall sell the same at public auction to the highest bidder for cash and after deducting costs and expenses of keeping and sale shall deposit the balance of the proceeds of sale with the austice of tile the peace to be by him disposed of as in case of the sale of animals for damages as hereinafter provided these there two sections are of a very sweeping nature they define what are es traye trays and make it the duty of the constable to round up advertise and sell unless sooner claimed all estraya in his precinct if an animal has been running on the range for one year and aad its owne rafter reasonable search cannot be found it is an how is it to be determined whether a given yen animal has run on V t e range oae one year how is it to be ascertained that the owner cannot be found who is ie required to search for him on whose or on what showing is the conclusion to be reached that the facts exist which make an of any given animal if those facts exist the constable is under section 8 3 derelict in his duty if he fails to take charge of and advertise the animal if those facts do not exist he is guilty of a violation of jaw should he take charge of and sell an animal supposing dg it to be an and is liable for damass these questions of fact can call be determined ter mined only by a judicial officer and a proceeding A constable is not a judicial officer has no right to exercise judicial functions nor pass upon questions of law and fact in a manner or proceeding involving the ownership owners bip of property his doings in such a case cam would all be undone as soon as they were laid before a court of competent jurisdiction the provi provisions sious of the poland law are explicit as to what officers may exercise judicial powers constables are nut not included in those thos there ethere name named dand and hence must be held to be excluded while it to is true that there are in many precincts of this territory large numbers of range animals that have no known owners and while it is just and proper that such valuable property should be utilized and not be allowed to live die and go to waste unclaimed yet to give a constable power to go out on the range and round up aud and sell all animals he may suppose to have been running there a year and whose owners are unknown to him would cert certainly abaly create great commotion lu in stock raising districts it to is very common to allow calves and colts to run sin en the range until they are three or four years old and to render all such stock liable to be sold because the owners were not known to the constable would work loss on numerous citizens upon whom no fault rests the lad bad consequences of a literal and thorough execution of the provisions of sections 2 and 3 need not be dwelt upon at leu length 9 tb in order to be comprehended in some precincts thousands of head of stock would le be sold whose owners have more or less leas knowledge of and care over them and which are not stock at all in any reasonable sense of the term for reasons apparent from what has been said above we regard these two sections as ae inoperative and would advise ad vise constables to he be very cautious in acting under them it remains to be seen what the result of practical operations under the law willbe will be but buc aside from sections 2 and a we believe it will work satisfactorily and that it meets every constitutional objection made to the old law the procedure un der itis ills simple and easily understood it does away with pound keepers entirely aud and authorizes a man on whose land trespassing tres passing animals do damage to distrain that is to seize and hold in his own poll posses slon sion such tha damages are paid instead of turning them over to a he must properly care for the animals and if he knows the owner and if the latter lives within five miles of the place where the animals are dis trained he must be noti notified fled if the damages are not paid within forty eight hours after the animals are seized the party injured must begin a civil action in the justices court of that precinct by filing a sworn complaint the form of which is given in section 5 from that time on the case is in the hands bands of the justic justices Is court whose procedure is prescribed by the law that the expenses pay be made as light as possible the justice may charge only half the fees allowed in other cases in the simplicity and justice of its provisions and in their practicability we believe the law will prove an excellent one except as noted in regard to sections 2 and 3 |