Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-05-03

BY waiter 4. lowers, ~. .
Can one be cruel to an angleworm 2
Can one be cruel to an oyster !?
These queries are not part of any
foolish question series, but are ex-
amples OF the inquiries upon which
courts OF law have engaged them
selves in their efforts to prevent un-
necessary suffering to animals. As
the Judge leaves the decision of these
questions to the jury, one average
citizen Is as competent to answer
them as another. 1t all depends up
ON what happened to the worm or
the oyster, whether 1t hurt the VIC
tim, why it was done, the viewpoint
of the person making the decision,
and few simple rules Of law.
A recent case of similar nature has
attracted public attention and drawn
forth an interesting opinion from the
jadge. The case arose in New York
and involved the question as to
whether cruelty to turtles Is cruelty
to animals and further, whether you
can be cruel to turtle. Sixty-five
green turtles were shipped from Cuba
on steamship with their flip2ers
perforated and tied together by
means of ropes passing through the
holes. The turtles were placed ON
their backs and so allowed to remain
until the ship reached New York
City. The captain of the steamship
was prosecuted under the penal law
OF New York, the charge being that
he had caused these turtles unneces-
sary and unjustifiable pain and suffer
ing while in transit.
The first objection made was that
u turtle is not an animal and so the
act was not covered by the statute.
The statute Of New York defines an
animal as not including the human
ace. but every other living creature.
Notwithstanding that turtle Is a
species of reptile. the court held
chat a turtle IL included in the def
milton.
It was next considered as to
ghether unjustifiable pain was I'M
flicted. On this point the court COM
nented as follows:
Hogs have the nose perforated
and a ring placed In 1t; ears OF
calves are similarly treated; chick
ems are crowded into freight care;
Goldfish Ia taken out OF the waters
and thrown into barrels OF ice and
sold on the market as live cod;
cells have been known to sQuirm In
The frying pan; and snails, Holsters
ard crabs are thrown into boiling
water. Irrespective of the devious
means that might be adopted to de-
stroy life before these cruelties are
perpretrated upon them, still no one
mas raised q voice In protest.
The Emperor Augustus nearly ex-
terminated peacocks to regale him
self in Rome with their brains. To-
day the world would hold their death
MUS tifiable. Then again juries and
magistrates of different localities,
race, or education, with varying ideas
OF taste and cuisine, may hold widely
divergent ideas as to whether the i'm
proved flavor of Holsters boiled alive
makes such torture justifiable.
The court left the matter to the
jury. How would you decided
The protection afforded dumb ami
mails against needless cruelty rests
upon particular statutes as enacted
by the legislatures OF the various
states, and not upon any general
principle Of English law, unless the
act be done In public and so amount
TO a nuisance. Thus. just what may
be punished as cruelty to animals in
particular state depends upon the
wording of the laws of that state.
Criminal statutes against cruelty to
animals are virtually universal. These
laws are generally of similar nature
and usually auuly to all animals other
than humans, as does the New York
statute. The law does not, Of course,
prohibit all acts that cause animals
pain Or suffering, but only such as
are unjustifiable and not necessary to
the accomplishment Of some lawful
purpose. The butcher may kill the