The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-05
THE HERALDs VIEWS sUsrAINED By -HR
OPINIONS OF EMINENT JURIsTs-How 1HE
ABUSE SHOULD BE HEMEDIED.

Tho following are the opinions Of the jurists al.
JUDGE NELSON'S OPINION
CHAMBERS CITY COURT BROOKLYN, N. T.,
BROOKLYN, Feb. Is, 1915
MY DEAR SiR--we must all sympathze with proper
efforts TO prevent cruelty to animals The common
thought that tho natural Impulse Of most men 10 speak
out on behalf OF the suffering creature not ablo TO
speak for ITSELF or TO Interfere IN spirit OF RESENT
mcnt, might lead to OF the power TO mako
arrests. SO some attention is paid 10 tho selection OF
the officers.
We should accept statutory regulations according to
their spirit and terms, without seeking occasion Tor
criticism or complaint. But special and experimental
laws may well dsappoint the Inventors Under these
statutes we have complicated organ ization-ihe re-
preston OF cruelty becomes regular business. That
repression by arrests appoin ted by
the society, approved by the Sheriff. perhaps hastily
or without special knowledge OF their temper ht
ness The citizen who NAV DO driving and necessarily
Furnishing stubborn or fractions horse, foundcred
horse, apparently disabled yet ut for some uso
horse injured by some accident low MINUTES bciore,
is Liable to arrest according TO mere notion, arbitrary
notion, OF the officer.
1t would seem that such extraordinary power, II to
be granted AZ ALL should have been conferred on the
Sheriff and his deputies and upon the city police Tor
better security, not only that officers having moro
IN charge but that there might be absence Of the
heat and undue zeal common 10 the mere partisan
The who IL sent out TO find something wrong, who
may think that his Official lite and compensation de-
pend upon his finding manifold wrongs, Is pretty sure
TO find tnem may not be dsinterestod or fair Judge
In cases OF doubtful character
But IN all this, IN oil legal regulations the liberty OF
the citizen should DO tho paramount consideration.
Any cxpedient Is bad winch tends TO abate the est
mate We should have OF that liberty. That arrests
hould be made without sufficient cause necessity
is an abuse-an abuse which may possibly be tho
natural fruit OF such experimental organization.
Not only should the citizen be safe in his person, but
IN the possession Of his property; neither should be
subject to interference without due have the
honor to be, yours, &c, J. NELSON.
JOHN T. HoYFMAXs VIEWS
ALBANY, Feb II. 1870.
MI DEAR SIR have your letter relating TO alleged
Tor the prevention OF cruelty to animals was as
you know. one OF the rst organizers OF the New YORK
society, oil which Mr. Dcrgh is president and have
always BEEN you have been, one OF It's most earnest
friends 1t has accomplished great good. Without
almost always causes very serious mistakes. Almost
every will take the best he can of his own
property IL Is the natural thing for him 10 do II
his interest 10 do H. II carman NJ the close OF the
day driving lame horse, should say the pre-
sumption was no was not doing y with evil intent;
that he did not want to nJure what his own that
he dd not desire TO destroy his capital, his
stock in trade. II lady or gentleman coming homo
from the Park, has "A lame horse, should presume,
matter OF course there was no malice. as there
certainly could DO no pleasure in the act Of driving.
these Instances merely to illustrate my point
that there violations the laws to
prevent cruelty to animals which ought NOT 10 DO
placed on a level with and be treated like acts which
are Enthusiastically wicked and cruel, done with evil IN.
tent, or like those misdomcanors which are offences
against public order or public dccency.
All policemen and all agents OF the society ought to
recognize the distinction, aud the duty OF dong SO
should be particularly enJoined upon them by their
must BE- clothed with certain amount
OF discretion, and they will sometimes abuse
H. II policeman or special officer Of the
no arrests without warrant and is requested TO take
the party arrested before magistrate Often mags
rate cannot be found tor many hours in open court,
and so the accused goes TO prison until one can be
found.
Now | think that tor minor offences against the
laws Tor the prevention OF cruelty. instances Of which
have suggested, officer, except by magistrates
commitment, should have It in his power the
inn for In hour pt,ch 1oace nr
night, OF person accused and arrested II q magls-
trac cannot DO found Immediately after tho arrest 1t
IL better to take the chances OF total OF tho
person arrested than to have him her locked up
prison with thieves and other criminals until police
court can be found open.
An act in accordance with these suggestions, made
applicable to certain specified OF violation OF tho
laws in question, might meet the approval OF tho
by tho society. Very respectfully,
JOHN 7. HOFFMAN.
OPINION OF A JUDGE on THE COURT OF APPEALS
ALBANY, Feb IL, 1915.
My DEAR SIR think there viii DO no dissent
from the proposition that the arrest of citizens with
competent jursdction except when permitted Tor
gent reasons Of public policy or urgent necessity
wrong IN principle aud dangerous In practice. When
permitted tho power should be hedged about by strn-
gent provisions OF law, which would absolutely secure
10 the party arrested immediate hearing and
nation. to the end that II the arrest
the Imprisonment may cease at once. By Gimme
date mean forthwith, that there may be dclcn-
ton wialout the authority OF magistrate having
jurisdiction 10 act IN tho premises beyond the time
necessary to 10 from the place OF arrest 10 the
magistrate.
rant, tut actual imprisonment by commtta to place
oil detention before examination and without warrant
seldom be necessary, and when necessary, but
a hours ut tho longest Magistrates and peace
officers aud private individuals, under certain crcum-
stances, may arrest Tor breach OF the peace a
felony committed their presence and SPECIAL statutes
have empowered peace officers and even private per-
to apprcncnd Tor other offences under special
For what acts, under what circumstances and by
whom arrests may be made without warrant, Is
within the discretion OF tho Legisature hat it would
seem that ordinarily there would be no good reason
for exercising this discretion and empowering irre.
sponsbe individuals or even peace officers to arrest
without warrant Tor mere misdemeanor not cndan-
geriDg the public peace affecting mperIling the
rights OF person or property Of third persons, tho
But under whatever circumstances m arrest may be
maze wi bout process II should not be possible under
the law TO detan the PARTY arrested in prison without
examination for longer time than twelve hours III the
urtncst and tor that any other time only because
by reason othc hour ana the time arrest the prisoner
cannot be sooner taken bel ore magistrate. The de-
tcntion oil riscncr thus arrested for any time
beyond that within which he might with reason
able diligence b. taken before magistrate
Is Illegal and shoull make all the parties
concerned In the detention irespassers alb initio
Actual imprisonment upon an arrest without process,
by the commiita Of the party TO house o. detention
or other prison before examination and without The
order or warrant OF the examining magistrate should
be con ncd TO grave aud serious offences affecting
endanIcring he public peace or safety | can con
ccive OF no case IN which, Tor offences against the laws
Tor the prevention OF cruelty TO animals either the
usefulness OF the society organized for pshna
the purposes ol these laws the public interests or
tho general welfare require or should permit sup
posed offender against such laws TO be committed TO
prison tor n single hour before nation by proper
or without Judlclal powers issued by him.
think " mistake as n matter OF policy to resort
to extraordinary or unusual means, especially such
means as are apparently Incompatible with our form
OF government ana our ideas OF civil ana personal
rights, TO enforce any law " Will bring the
law, matter how benign It's purpose, into
disrcputc With Us public opinion has as much to do
In enforcing the laws do the process and OF
courts and officers ana IL public opinion offended
either ny the provisions Of any law the manner In
which The agents appointed for It's execution enforce