Los Angeles herald., 1906-02-14
OFFICIALS TEST
C0URS|NG LAW
SECRETARY CAUSES HIS OWN
ARREST
Because Jack Rabbits Are Dangerous
to Property Contention Is That
Hare Killing Is Legal and
Legitimate

In the case of Henry Lyons. secretary
of the Los Angeles Coursing club.
who was arrested at his own request
in order that a test case might be made
of the law which makes 1t a misde-
meanor to hold coursing matches, the
counsel for the defendant. Wallace W.
Wideman, yesterday filed his brief on
habeas corpus proceedings.
Some of the contentious by the de-
fendant are unique and have never
been advanced before in similar cases.
The law says that in the cruelty to
animals act an exception is made of
killing any animals dangerous to life,
limb or property.
Attorney Wideman says that jack
rabbits are dangerous to property and
bases his contention on natural history
and records of the United States agri-
cultural department.
Destructive of Crops
The allegation is made that an inves-
tigation of the habits and nature of
jackrabbits has convinced high author
tiles that they are very destructive to
crops and are considered a pest by
farmers. In Tulare county it is stated
that in one year the crops were dam
aged 100000.
Quoting from the brief. the follow
ing points are made:
THAT the statutes do not mention
the means which may be used to de-
stroy such pests. There is no reason
why it is any more cruel to destroy
jackrabbits by the use of dogs than by
the use of clubs, common practice.
1t was undoubtedly the opinion of the
Legislature that those most affected
by the damage done by jackrabbits
would be the best judges of the best
means to destroy these pests, and that
different means are used in different
localities.
Science Causes Torture
rabbits have been destroyed by
poison and the animals suffer slow
death. Scientists have inoculated jack
rabbits with various germs, with the
result that epidemics would break out
among the jackrabbits and they would
suffer the most eXcruciating agonies
before death.
According to the complaint against
the secretary of the Coursing club, he
is charged with having caused certain
hounds to chase a California jack
rabbit and caused said dogs to cruelty
kill. torment and worry the rabbits.
Assume that a dog chased and killed
a rabbit in the open, could its master
be punished under the statute?
Counsel for the complainant showed
great ACTIVITY IN drafting MS complaint
a against the defendant by attempting
to inject a feature showing that these
rabbits were killed for gain and amuse-
ment.
ITO this the defendant replies that
1t makes no difference whether said
rabbit was killed for gain or amuse-
ment or both.
Right to Be Amused
THE law makes no distinction nor
does 1t set forth that persons destroy
ing pests Of the kind mentioned in
the complaint shall be denied the right
to be amused when the enemy of their
is being destroyed nor does
the statute under which the complaint
is drawn provide that persons shall not
kill pests such as the California jack
rabbit for gain,
What Is a bounty? Thousands of
dollars are spent annually in this state
for the scalps of jackrabbits. Is this
not gain? Is it necessary for bounty
seekers to introduce themselves to a
pest and request 1t to come into a par
lor and there with great ecat initiate
the example of Socrates by drinking
the fatal hemlock?''
Some unique points are raised in this
effort TO show that any law forbidding
is not constitutional and that
the Legislature did not make any
statutes governing such cases.
on the decision of the court depends
in a large degree the future Of rabbit
coursing. and the decision on the
ha beas corpus proceedings now before
Judge James will be watched for with
great interest by many sportsmen.