The sun., 1908-03-24
Violence About NiyLsectIOn.


lied by extraordinary violence on the
part Of the supporters Of the measures
which have been introduced into the
Legislature on the subject Any one
who ventures TO suggest that the existing
law il properly enforced is sufficient To
protect animals against cruelty finds
himself subjected TO unmeasured de-
nunciation and is characterized as an
advocate Of sayagery. The so-caled
nti-vivsectionists refuse to discuss the
question in a judicial frame Of mind, and
instead of endeavoring to meet argument
with argument they content themselves
by pronouncing the views of their oppo-
nents unworthy of consideration.
We have been surprised to find this
intolerant sentiment manifested in let
ters from several correspondents who
have hitherto shown themselves intelli-
gent and temperate in the discussion OF
other matters of public interest, Some
Of these writers are fierce because this
newspaper, while as strongly opposed 10
cruelty to animals as any journal in the
land, is impressed with the vast I'M
portance of permitting animal expert
mentation so far as It may be conducive
TO the welfare Of humanity.
We have in this State a general and
permanent statute known as the Penal
Code, in which the various offences
against the criminal law are specifically
defined and the punishments therefor are
prescribed Title XVI. Of the Penal
Code relates to cruelty to animals. Sec
ton 6S5 in that title makes it misde-
meanor for any person TO torture or
unjustifiably injure, MAIN or mutilate
any animal, whether wild or tame, or will
fully to set on foot, instigate, engage in
or in any way further any act of cruelty
TO any animal or any act tending to pro-
duce such cruelty Section 500 defines
the word torture or cruelty as in
cluding every act, omission or neglect
whereby unjustifable physical pain, suf-
fering or death is caused or permitted
in the case of any animal. The same
title of the Penal Code contains other
provisions for the payment to the Amer
lean Society for the Prevention of Cruelty
TO Animals Of such fines, penalties or
forfeitures as may be imposed or col
lected for a violation OF its prohibitions
or of any other act Of the Legislature for
the prevention Of cruelty to animals now
in force or hereafter TO be passed.
1t has seemed 10 us, and We have here
tofore suggested, that these provisions
of law, if enforced as they may be and
ought to be, are amply sufficient to pre-
vent vivisection in all cases where it
ought 10 be prevented that is TO say
except for purposes Of experimental re-
search where the proposed experiments
are designed to elicit information which
will be Of value in the prolongation Of
human life or the alleviation Of human
suffering, or in medical schools in which
such experiments are indispensable in
order to instruct the students in physi-
olopy or in other knowledge tending to
the same ends. In other words our view
is that under the Penal Code vivisection
would be held TO be torture, and therefore
unjustihable, in all instances except those
as to which a majority of intelligent per-
sons in and out Of the medical profession
will agree that vivisection is necessary
for the benefit Of the human race.
Entertaining this opinion We have not
entered into any controversy AZ 10 the
respective merits of the bills now pend
ing in the Legislature. If il shall be
determined, however, that the enactment
of some more specific legislation on the
subject is expedient We would suggest
that a good model can be found in the
existing English statute regulating vlvi-
section in the United Kingdom Of Great
Britain and Ireland That statute really
gives control of the whole matter TO the
great scientific societies and medical and
surgical institutions of learning in Eng
land, Scotland and Ireland,
In order to perform upon a living
vertebrate animal any experiment cal
culated 20 give pain the eXperimenter
must obtain license, the power to grant
which is vested in the Home Secretary
That officer acts, however, only upon on
application and certificate signed by the
president Of one or more specified learned
bodies of scientific men. These are
the Royal Society (of England, the
Royal Society of Edinburgh, the Roya
Irish Academy, the Royal Colleges Of
Surgeons in London, Edinburgh and
Dublin, the Royal Colleges of Physicians
in the same cities, tho General Medical
Council Of Great Britain, the Faculty Of
Physicians and Surgeons Of Glasgow
the Royal College Of Veterinary Sur
geons and the Royal Veterinary College
Similar licenses and certificates may h
granted by any professor Of medioa
subjects In a university or college ir
Great Britain or Ireland, incorporated
by royal charter, unless the applicant
himself is such professor
In practice, while the licensing au'
thority is the Home Secretary the license
really proceeds from some one or more
Of the organizations which we have
enumerated. 1t would be just as well
therefore, if the Home Secretary were
eliminated, inasmuch as his duties are
largelv peffunctory. So, if similar