Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-29
IN or cannot be remedied under existing


sariiy cruel manner without possibility Of
prevention under existing law. the idea
naturally suggests itself that specific in
stances of such experimentation must have
been placed on record in the hearings
which have been accorded those endeavor-
ing to secure the enactment Of this meas
ure. and In the reports which they have
filed with It. There has been no complaint
that anything was excluded from such
hearings or from such reports which had
even the most remote bearing upon the
subject. but while instances of alleged
cruelty have been cited from various parts
of the world not one has been placed on
record which was in any way related to
the District of Columbia. The omission is
ton it Is to my mind conclusive that the
promoters of this measure had no such
evidence to submit. And If the absence
of evidence to show that such abuses have
existed Is noticeable, the lack of evidence
to show that they are likely to exist is
equally striking
LeRfslation Not Needed.
The foregoing considerations, says DIR.
Woodward, have convinced him that no
legislation such is proposed in the bill
is needed. If, however, this were all that
could be said of it. and If it could be classed
as harmless. even If unnecessary, there would
in his opinion, be no objection to its enact
ment other than the undesirable numbering
of the statute books. No better way, he
of this measure. whether harmful or other
wise, could be found than by ascertaining
the effect of similar legislation in other
places where the general scheme OF law is
the same as that of this District. Unfor-
tunately, however he states, no such legis-
lation exists in the United States. Con-
gress is asked he explains. to legislate ten
tatively for the District Of Columbia, but
even if the promoters of the proposed ex-
pertinent be excused from showing any
local need therefor it is certainly incum-
to,, I,D holt 40
it will do no harm; no one should be re-
Quired to demonstrate that 1t will work
mischief in order to prevent its enactment.
Dr. Woodward then proceeds to discuss
the provisions of the bill, declaring that
many of them are obscure and some seem
repugnant to each other. AS as example.
he cites paragraph E of section 2, which is
as follows
The experiment must be performed by a
person holding such license from the Com
missioners of the District OF Columbia as In
this act mentioned, or by duly authorized
officer of the government of the United
States, or of the District of Columbia and
says:
TT Is by no means clear whether due au-
thCrZation refers to the authorization to
perform the ordinary duties of the office,
or whether it refers to some special author
ity to perform experiments upon animals.
If the former be intended persons having
no knowledge of scientific matters are at
liberty to experiment at will: if the latter,
there Is no indication of the source or form
of this due authorization.
Paragraphs c and d of the same section
read:
"(c) The animal must during the whole
of the experiment, be completely under the
influence of ether or chloroform sufficiently
to prevent the animal from feeling pain,
excepting only that in so-called incubation
experiments, or tests of drugs or medicines.
the animal need not be anaesthetiZed nor
Killed afterWard, nor in tests of surgical
procedure need animals be kept completely
"A a or hn r,f
cry from the surgical operation. Otherwise
than this the animal must be kept from
pain during all experiments, and
''(d) The animal must. If the pain is like
ly to continue after the effect of the anaes-
thetic has ceased or If any serious injury
has been inflicted on the animal, be killed
before it RECEIVERS from the influence of the
anaesthetic which has been administered"
referring to these paragraphs, DR.. Wood
ward says: r
Paragraph C provides that after an noc-
uiatlon experiment the animal need not be
killed: paragraph D, that IL pain is likely
be killed. The former provides that in tests
of surgical procedure the animal need not
be completely anaesthetized during the
process of recovery from the operation: the
latter, that If pain is likely to continue
after the effect of the anaesthetic has
ceased, or if any serious injury has been
inflicted on the animal. it must be killed
before it RECEIVERS from the influence of the
anaesthetic. Is the investigator to perform
experiments of this sort with the liability
of being compelled to defend himself in a
criminal prosecution simply because of the
vague language of this statute?'
Difficulties Suggested
These citations are made, states the
health officer, solely for the purpose OF
illustrating the difficulty which will be
likely to arise, in his opinion, in deter
mining the meaning Of the bill should it
become a law. Continuing, he says
IF the language of this bill is uncertain.
its erect, If enacted into law, seems too
To be more or less obscure. In all of the
discussion no allegation has been affirmed
on one side, or denied on the other, with
50 much vigor that the proposed regu-
lations are prohibitory in their character
The affirmative has been held by scientific
men all over the United States, who have
examined the provisions of this BILL and
many of whom are engaged in research
work involving the of living animals.
The negative has been supported by per-
sons entirely ignorant of the technique of
yivfsection or having only theoretical ac-
quaintance with it. As to the relative
weight to be attached to opinions upon this
point originating from such sources there
can be no question. One matter, however,
is clear as to be beyond the reach of
controversy; that is, that the proposed law
would take the regulation of such expert
ments out of the control of medical col
leSeS and scientific societies and intruSt
II, even to the extent of absolute prohbi-
ton. to two laymen, forming a majority
of the board of Commissioners. To this
statement there is possibly one exception,
and that is with reference to the POSSIBLE
fty of clerks and messengers in the service
of the United States or of the District of
Columbia being permitted in some more or
less indtinite manner to perform expert
ments, under paragraph b. section 2. But
it is believed that if any unprejudced per-
son, unbiased by emotion, will consider all
of the restrictions imposed by this law-the
trebly-indorsed applications and certifi-
Gates, the registrations. the inspections, the
use of anaesthetics. the choice of animals,
the reports and the other technicalities
which can be appreciated only after an
effort to comprehend what this bill requires
he can come to but one conclusion, and
that is that, if enacted into law. it will
at the very least seriously hamper expert
mentation on living animals, and that 1t
puts 1t quite within the reach of officers
charged with it's enforcement to execute it's
provisions as to prevent such work, even
while nominally permitting it.
New Rules of Law.
''An of the rigorous requirements of this
proposed statute might be looked upon
| lightly if they were such as would be called
| into action only by the commission Of some
act, wrong either from moral or a legal
i