New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-04

Louisiana State Association for the Preven-
ton and Suppression OF Cruelty to Animals,
BY virtue Of which said order issued, and
which was approved March 3, 1874, is un-
constitutional, because its objects are not
expressed in its title"
The affidavit on which the Justice pre-
dicated his order of fine or imprisonment Of
the petitioner, charges him with ill treat
ing a brown or black mare mule while
being driven in a twowheeled cart with
one sack of charcoal by striking said mule
with loaded whip stock" The order
reads as follows: July l. Examination.-
Let Daniel Webster pay fine Of $40 and
in default thereof let him be committed to
the Parish Prison for twenty-four hours.
The ans xer to the order of habeas corpus,
is that the petitioner was held in custody
by virtue of the above order or warrant.
Counsel for defendant cited the fifth sec
ton of the act No. 1l2 as authority for the
action OF this seventh justice of the peace.
wherein it is declared that the president
of the association. or such officer as may be
authorized by the board of directors, shall
serve, or cause to be served, a written no
tice, summOniDg any person or persons.
accused or deemed guilty of cruelty and
inhumanity to any animal or animals, to at
once discontinue, or cause to be discontin
ued, the cruelty, wrong Or nuisance COM
planned Of and upon the refusal of any per-
son or persons so notified to comply with
the mandates of the association, within
eight DAYS after the service of such notice,
the presd ent of the association, or any Off
Ger properly authorized by the board of
directors, may, before any court of justice.
swear ost warrant tor the arrest ana
cause the arrest on the charge OF cruelty,
or any other proper charge, Of any person
or persons refusing compliance with the
mandates and orders OF the association,
and any party 80 arrested shall, if guilty,
be fined not less than ten dollars, or 6e i'm
prisoned in the Parish Prison not lass than
twenty-four hours, or both, at the dis
cretion of the court, and any party
or parties continuing the cruelty
of animals complained Of, shall, if rear
rested, be punished for contempt Of court
and in addition to increased fines and i'm
prisoument, be held liable in damages to
said association" 1t is seriously urged by
counsel that this is solemn enactment of
the Legislature. by which it is clear that
cruelty to and cruelty of animals is made
an otfense against the peace and dignity OF
the State of Louisiana. for the commission
Of which persons may De tined and impris-
oned. at the discretion of the court, after
the first otfense. He refers to the act of
1905, which declares that 'all crimes, of
fenses and misdemeanOrs shall be taken,
in conformity with the common law of
England, and the forms of indictment ldi-
vested. however, OF unnecessary prOlixiry),
the method of trial, the rules of evidence,
and all other proceedings whatsoever in the
prosecution of crimes, otfenses and misde-
meanors, changing whatever ought to he
changed, shall be according to the common
law, unless otherwise provided" lie then
cites Bouvier's definition of cruelty to ami
a:x~ AI- $I,o, r,nIy
to animals is an indictable otfense, and de-
fendant was convicted of misdemeaner for
tying the tongue of calf so near the root
as to prevent its sucking, i'll order to sell
the COW at greater price, by giving to her
udder the appearance OF being full OF milk,
while not aifording her calf all he needed b
Rogers, City Hall rec, 60. "A man may be
indicted for cruelty beating his horse" 3
Rogers, City Hall rec, 1911. The argument
is, therefore, that, because cruelty to ami
mails is an indictable otfense i'll England, it
is necessarily so in Louisiana under the fifth
section of the act of March 2S, 1874, No. H..
1t follows that cruelty to animals is an in
dictable offense in Louisiana, or else we
have not adopted the common law of Eng
land in this particular. Now, l am at a
loss to comprehend how successful prose-
cution could be conducted by the district
attorney against any one by an Indictment
under this law. The style of all processes
shall be the State of Louisiana. All pros
ecutions shall be carrisd on in the name
and by the authority of the State of Louis
lana" and shall conclude against the
peace and dignity of the same" Article
seventy-nine, constitution of Louisiana.
Under such an indictment can not perceive
how the act in question could be cited as au-
| thority for conviction, The fifth section re-
! ferred to makes all acts of cruelty to ami
mails an offense, not against the State, but
| only against the corporation, the association.
| Persons if '.re-arrested, shall be punished
| for contempt OF court, and, in addition, to
| increased fines and imprisonment, be held
| liable in damages to the association To
what extent these fines may be increased;
| to what period of time the Imprisonment
| may be prolonged, the act does not deter
| mine. 1t may be cOntiscation of all the OF
| fender is worth, or on the other hand, i'm
prisonment for life. ''All penalties shall be
| proportioned to the nature of the ottense.'
| Article l02, constitution of Louisiana. Ex-
| cessive fines shall not be impOsed-constl
tuition, article s. We have no crimes, OF
| fenses and msdemeanors in Louisiana ex
cept such as are made SO by special statute
| 'The General Assembly shall never adopt
reference to such system or code OF laws
| but in all such cases shall specify the sew
| eral provisions of the law il may enact.
| Constitution. article 1l6. Therefore, tht
| theory of counsel, that because the httt
| section of act No Il2. mentions cruelty tt
animals as being something which the asso
| citation, and the association exclusively
may take notice of, and punish Tor its owl
| benefit, does not make it a crime. which tn'
State may punish by indictment.
Now, as to the uncOnstltutlonality OF tint
ia IT
to prevent and suppress cruelty to animals
| the simultaneous creation of the assocla
ton was only for the purpose OF accom-
| plishing this end, SO tar as the title lndl
Gates. But when we examine the prOvl
siOns of the act, section one, it is found tina
the association is authorized ''to hold rea
and personal property; make contracts
may receive grants of land and persona
property, and may receive, hold and owl
personal property, real estate and lands
moneys, subsidies aids and grants, ant
donations of ary nature whatever ant
whatsoever, and all powers and privilege
pertaining to corporate bodies" etc
| What has all this to do with the avOwet
object of preventing and suppressing cruel
ty to animals! Section five also authorize
any officer of the association 'to cause tn
immediate arrest, without written notlhca
tlon, of any person or persons found IN Tn
I act OF llltreatlng or cruelty ABUSING an.
animal or animals" What is to cOnstitut
i'll treatment or cruel abuse, are mai
ters left enterely to the discretion
the officer of this association. and no per
atty is provided for an abuse of that dii
cretion. MANS inhumanity to man" mus
be investigated by due process of law, bu
his ill-treatment Of an animal, places hir
entirely in the power of the association
against which the act No. ll2 affords n
relief whatever. BY one section, 1t is al
thorized to hold personal property, by al
other to take it. Section 10. 1t is tru
there is some little formality required, bu
L nat IL e44a Ii q adl