Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-11-15
SUES HUMANE SOCIETY
Injunction Sought in Dis
trict Supreme Court.
DRAYMAN'S CHARGES
ALLEGES THAT He rs ANNOYED
BY soc1ETY's AGENTS.
Says His Horses Are Stopped and Ex-
amined for Evidences of
Cruelty.
DRAYMAN'S CHARGES

The Washington Humane Society and Jo-
seph r, Rabbit and William r. Haynes,
agents of the society, are named defendants
in a proceeding i'm equity for injunction in
sthuted this afternoon In the Supreme Court
Of the District Of Columbia by Charles E.
Myers who. Is represented by Attorney
Thomas M. Fields. Mr.. Myers is a dray-
man apd expressman. He asks the court to
enjofn the defendants from stopping horses
owned by him and examining them for evil
dence of cruelty to animals. He asserts
that the society. for the past five years has
unlawfully interfered with his property and
business, and that the association and its
agents have "maliclously singled him out
and purposely taken special pains to perse-
cute, annoy and harass him, by forcibly
stopping his horses on the public highways
and searching them for evidence Of viola
tons of law, and withous warrants forcibly
arresting his drivers and sending them, to-
gether with his horses and vehicles, to po-
lice station houses, leaving his horses eX-
posed in the public streets for hours with
out food, water, covering or shelter during
all seasons of the year, thereby causing him
and them the loss of trips and great injury
to his business, vehicles, merchandise and
reputation.
Cause of Delay.
The complainant also AYERS that upon
some occasions of the arrests Of his drtv-
ers and teams they were on the way to
customers with coal, thus causing many
hours delay in Its delivery, and that such
interference has resulted in great pecunia
ry loss, and If continued by the defendants
in the future, great and irreparabe pecu-
mary injury will result therefrom to him
1t is further averred by Mr. Myers that his
drivers have often been arrested by the de-
PENDANTS or by their orders, without war
rants, and locked up in the police station
houses for many hours, and at other times
all night, and yet when called for a hear |
ing In court, have been discharged, because |
there was no Just cause Of complaint |
against them or the defendants failed to |
appear The complainant states that the |
defendant agents have often threatened to
cause him all the expense and trouble they
can, and to 10 all they to injure him in
his reputation, property and business; and
he also avWs that they are incompetent
to determine whether horses are fit to do |
their work or not. whether they are
sound or not. or whether they are treated
cruelty not The complainant declares
that the acts of the defendants are COM
mitted from III VIII toward him and his
drivers, and IL continued will ultimately
compel him to abandon his present bust
ness, and prevent him from conducting any
business In which the use of horses Is re-
quired. 1t is further charged by the COM
plainant that his constitutional rights have
been and are being violated by the defend
ants, and that their alleged unwarranted |
and una wful acts have injured and will in
ture his business, social and private stand
Ing, character and reputation, by causing
belief among his customers and acquaint-
ances and the public that he Is devoid OF
humane feelings.
Other Allegations.
Mr.. Myers alleges in his bill that the
agents are paid from the fines and collat-
erals which they are able to have imposed
upon various alleged violators Of the cruel
Nv To la |
extent, the complainant and his drivers;
and he also says that the defendants have
seized his horses and vehicles and sent
them to livery stables, and then endeavored
to compel him to pay for their boarding
while detained; and that owing to the press
of his business he has often forfeited col
lateral for himself and his drivers finding
1t cheaper to do SO, rather than suffer po-
lice court notoriety by appearing and prov
ing his innocence of the defendants I'M
founded charges against him.
Mr.. Myers contends that there has never
been any valid law or ordinance in force
in the District of Columbia which created,
defined. prohibited or punished any acts as
the offense of cruelty to animals as such;
and that there is not now any such law or
ordinance in force within this District by
reason of the code. except, perhaps, sec
tons and of the act of June Is, 1902,
and the first part of section thereof The
bill further charges that the complainant
has no remedy at law to prevent the con-
tinuance of the defendants alleged unlaw-
full acts. and that he is entitled to the aid
and assistance of the court, through writ
of Injunction. to protect him in the enjoy
ment of his constitutional rights, and par
ticularly his right to be free from unrea-
sonable searches and seizures Of the de-
PENDANTS. and from arrest by them without
warrant or probable cause.
1t Is stated that Of the objects in
filing this suit is to have the court define
the exact legal status and powers of the
Humane Society.