Prevention of Cruelty to Animals in New York State 9780231888530

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BULLETIN OF SOCIAL LEGISLATION ON THE HXNRV BKRGH FOUNDATION FOR THE PROMOTION OF HUMANE EDUCATION

No. 3 EDITED BY

SAMUEL McCUNE LINDSAY, PH. D., LL.D. Professor

of Social Legislation

in Columbia

University

PREVENTION OF CRUELTY TO ANIMALS IN NEW YORK STATE BY F.

MORSE

NEW T H E COLUMBIA

HUBBARD

YORK UNIVERSITY

JUNE, 1915

Price $1.00

PRESS

BULLETIN

OF

SOCIAL

LEGISLATION

OK TUS KKHEY BKXGH FOUKDATIOH TO« TH« PROMOTION o r HUMANE EDUCATION EDITED

BY

S A M U E L MCCUNE L I N D S A Y , PH.D., LL.D. Pro/tittr tf Sociml Ll[itlaiion in Columiùt [/mntrtùr

PREVIOUS ISSUES OF THE BULLETIN N o . i . THE CAGED MAN.

B y E. Stagg Whitin, Ph.D.

A summary and digest of

the laws of continental United States regulating the treatment of prisoners. 1913, 8YO, paper, pp. vi + 1 1 7 .

Jane,

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N o . 2. LEGISLATION FOR THE PROTECTION OF ANIMALS AND CHILDREN.

A dis-

cussion of the administration of the laws for the prevention of cruelty to animals, and of recent legislation for the protection of animals and children, by Frank B . Williams and C. C. Carstens, together with tables of recent legislation, continuing the summaries of Roswell C . McCrea's " T h e Humane Movement " to the end of the year 1913, prepared and incorporated by Professor Roswell C. McCrea, May, 8TO, paper, pp. 96.

1914.

Price, f t . 0 0 net.

OTHER PUBLICATIONS OF THE HENRY BERGH FOUNDATION THE HUMANE MOVEMENT.

A descriptive study by Roswell C. McCrea, now D e a n

of the Wharton School and Professor of Economics in the University of Pennsylvania.

8vo, cloth, pp. vii

444.

Price, #2.00 net.

COLUMBIA UNIVERSITY PRESS LKMCKE & BUBCHNER, AGENTS 30-32 West Twenty-Seventh Street

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EDITOR'S P R E F A C E THOSE who seek to improve legislation with respect to its forms and the clearness or precision of the standards it imposes, or with respect to its effectiveness in accomplishing its purpose, find it necessary to give increasing attention to the problems of the administration of the law. It has, therefore, seemed desirable to follow our studies of the humane laws of the various states whose statutory requirements have been summarized in Professor McCrea's book entitled " T h e Humane Movement" ( 1 9 1 0 ) , and for intervening years in previous bulletins of the Henry Bergh Foundation, with a more detailed study of the administrative difficulties of public officers in particular jurisdictions, and of the existing machinery, especially the private societies, some of them endowed with public functions, which seek to enforce the law, and secure compliance with the highest standards of humane conduct. The following pages of this Bulletin give the results of a study made by Mr. F. Morse Hubbard, a member of the staff of the Legislative Drafting Research Fund of Columbia University, under the joint direction of the editor of the Bulletin and the staff of the Research Fund. This is an intensive study of a few typical societies and local situations in New York state. In a previous issue, (Bulletin No. 2) Mr. Frank Backus Williams had already called attention to some of the legal and social problems involved in the administration of anti-cruelty laws. The difficulties that are due to the lack of a clearly defined public opinion on the one hand, and a halting and ill-defined state or public policy on the other, are now set forth with considerable clearness in Mr. Hubbard's concrete pictures of local situations in New York state. His comments and conclusions should point the way for the humane societies and other workers to shape their own policies, so that in the future their propaganda, iii

iv

EDITOR'S

PREFACE

and the influence they exert, may be directed to a better determination of the respective duties and obligations of the State in the legislation it enacts, and of the humane societies in the program of work for which they may properly appeal to the public f o r private support. This study of New York state administration, while typical of many other states, we shall hope to follow with similar monographic studies of other states where different methods have been pursued, other experiments have been tried and policies developed that in like manner typify at least two or three other groups of states. Until these additional studies are completed we lack the materials for the preparation of a companion volume to Professor McCrea's analysis and discussion of legislation (as found in " The Humane M o v e m e n t " ) which shall set forth the problems of administration of humane legislation throughout the United States and the way in which they are being met. SAMUEL COLUMBIA U N I V E R S I T Y , J U N E ,

1915.

MCCUNE

LINDSAY.

T H E PREVENTION OF CRUELTY TO ANIMALS NEW YORK

IN

STATE

INTRODUCTORY

I

N New York State the prevention of cruelty to animals depends almost entirely upon the efforts of private societies. This is the inevitable result of the provisions of law which confer upon agents of these societies the powers of peace officers, and which obviously aim at relieving the regular police force in large measure of this class of work. Of course the police force retains its jurisdiction over violations of laws relating to animals and does make arrests in many cases; but it is only natural for the police to feel that the enforcement of humane laws is not primarily their business and to leave it to the private organizations. In practice it is the society's agent rather than the public officer who takes the initiative. T h e wisdom of having penal laws enforced by private corporations has been seriously questioned in some states; and the policy has aroused no little opposition in this state, particularly in New York City where the horse owners have constituted themselves its most active critics. Especially do they object to the practice of giving fines to the societies. They say the fines are public money which should go into the municipal treasury. The merits of this question, and of other questions connected with humane work, can best be shown by a brief description of the societies operating in New York State for the prevention of cruelty to animals and by a comparison of their various aims and methods. In general their activities are of three kinds: corrective, or police w o r k ; relief work; and educational work. Our attention will first be directed to the group of societies located in New York City.

I . T H E W O R K IN N E W Y O R K

CITY

T h e American Society for the Prevention of Cruelty to A n i mals was incorporated in 1866 with jurisdiction to operate anywhere within the boundaries of the state. 1

For the purposes

of this discussion, however, our attention will be confined to its work in Greater N e w Y o r k .

T h e Socicty now has twenty-eight

salaried agents patrolling the streets with power to interfere in cases of cruelty and to make arrests when deemed necessary. It is the declared policy of the Society not to make arrests if any other method of procedure seems warranted, and the agents are instructed to render assistance whenever they find horses stalled or fallen.

In slippery weather practically all their time

is given to this kind of relief work and arrests are in abeyance. W h e n an arrest is made the offender is taken before the nearest magistrate, the agent appearing as complainant.

Upon a plea of

guilty the magistrate pronounces the sentence, which in practice is usually a

fine.

Occasionally offenders are committed to the

city prison for a f e w days.

If the defendant pleads not guilty

before the magistrate he is held for trial before the court of special sessions, with, of course, the privilege of securing bail. In cases where the person accused is placed under indictment of the grand jury for the same offense, or where it is certified by a supreme court justice, by a judge of the general sessions, or by a county judge of another county, where the trial may be had, that the charge should be prosecuted by indictment, the trial is removed to the proper court.

Appeals may be taken by the defend-

ant from the court of special sessions to the supreme court and from the supreme court to the court of appeals.

( L a w s 1910,

ch. 659, sees. 30, 40 and 72.) T h e great majority of cases are disposed of by the magistrates' courts.

The records show that during the past five years less

than five per cent of the cases prosecuted by the A . S. P . C. A . 1 The Society has over two hundred volunteer agents throughout the state engaged in prosecuting violations of anti-cruelty laws.

THE WORK IN NEW YORK

CITY

3

h a v e gone to special sessions, and during the past eight years only o n e case w a s held f o r indictment and trial before the court o f general sessions.

( P e o p l e v. D o w n s , 1912, b e f o r e Judge S w a n n . )

Convictions are secured in o v e r 90 per cent of all cases a n d in over 80 per cent o f the cases tried b e f o r e special sessions. F o r m e r l y , w h e n the court of special sessions had original j u r i s diction over cases of cruelty to animals, the total percentage o f convictions w a s the same as now, over 90 per cent, so the t r a n s f e r o f original jurisdiction t o the magistrates' courts has had no appreciable effect upon the results.

T h e following table shows

the number of arrests and convictions f o r the past seven years : IN

CASES

PROSECUTED BY T H E A M E R I C A N

Arrested by Arrested by Society's Agents. Police.

Year.

S.

P.

C.

Cases Disposed of.

A.

ConvicHons.

1908

1858 (both agents and police)

1483

1043

1909

1516

440

2130

1623

1910 1911 1912 1913 1914

1904 2159 2463 2287 1696

187 138 us 156 195

1912 2503 2555 2501 1943

1635 2309 2391 2240 1812

W h e n a driver has been arrested his horse is taken by the agent to the nearest sanitary stable t o be kept until claimed by the owner.

T h e Society p a y s charges f o r such keeping f o r the first

t w e n t y - f o u r hours. the animal.

A n y f u r t h e r expense becomes a charge upon

A n order blank granting authority to assume custody

o f the horse is g i v e n to the liveryman by the agent and must be presented to the Society along with the bill f o r stable expense. T h e o w n e r can recover his horse upon presenting the written authorization of the Society f o r the animal's release.

It rarely

happens that the horse is in the custody o f a liveryman longer than the t w e n t y - f o u r - h o u r period.

If the condition o f the horse

demands immediate attention the agent renders first aid, but does not undertake to prescribe or administer a course o f treatment. A f t e r pointing out what is w r o n g with the horse it is left to the o w n e r to see that the animal is properly cared for, although the Society provides ambulance service, if necessary, to convey the animal either to the o w n e r ' s stable, to the Society's hospital or

PREVENTION

4

OF CRUELTY

to some private veterinary hospital.

TO

ANIMALS

A s has been stated above,

most cases are disposed of in the magistrates' courts, upon a plea of guilty, or through a discharge by the magistrate f o r lack of evidence.

When the defendant pleads not guilty, the Society

sends its veterinarian to examine the horse in question and to secure evidence which may be presented at the trial before special sessions. In addition to patrolling the streets the special agents investigate complaints and inspect stables to ascertain the conditions under which horses are kept; they watch the horse-market to prevent abuses at public sales; they pay regular visits to poultry markets and bird and animal stores; they keep theatrical and circus acts of trained animals under surveillance, and make daily inspections of stock yards, ferries, and other places where animals are kept or worked in large numbers.

In the course of this work

they examine annually several hundred thousands of horses alone. T h e figures are no longer published, but in 1 9 1 0 the number of such examinations was 4 1 7 , 0 5 5 ; and it is said at the Society's headquarters that the number is not diminished but is probably increasing f r o m year to year. Special agents render daily reports to the under whose supervision they work.

Superintendent,

In important cases tried

before courts of special sessions the Superintendent

prepares

the brief f o r the prosecuting attorney and helps in presenting the case in court.

His experience in this class of

business

makes his assistance at times invaluable, f o r there are tricks among drivers and horesowners as in all other trades.

Cases

sometimes fail through the unwillingness of drivers to testify against their employers, or because of the testimony and affidavits of incompetent, if not dishonest veterinarians, retained by the offending owners. Fines collected by the courts are paid into the city treasury and the society interested in the prosecutions is reimbursed by payments voted by the Commissioners of the Sinking F u n d of N e w Y o r k City.

Fines thus paid to the American S . P . C. A .

in recent years are as f o l l o w s :

THE WORK IN NEW YORK

CITY

1911 1912 1913 1914

5 $13,589-33 12,444.40 10,746.10 8,856.92

T h e licensing of dogs in N e w Y o r k City is another duty of the American S. P. C. A . ( L a w s 1894, ch. 115, amended by L a w s 1895, ch. 412, and L a w s 1902, ch. 495.)

T h e fees are retained by

the Society to meet the expense of issuing licenses and of maintaining animal shelters; and any surplus is to be applied as compensation f o r enforcing the anti-cruelty

laws.

The

constitu-

tionality of the law which permits the Society to retain these fees f o r such purposes has been upheld by the courts

(People

e x rel. Westbay v. Delaney ( 1 9 1 1 ) 73 Misc. 5 ; 146 A p p . Div. 957).

A s a matter of fact the expense for shelters and the

humane destruction of animals has exceeded the income f r o m licenses, so there has been no surplus to be retained as compensation f o r enforcing penal laws.

T h e latest published report

shows the following deficits in this department: 1911 Expense for shelters and humane destruction $73,324.04 Income from licenses 57.332.00 Deficit

$15,992.04

1912

1913

$86,316.31 84,010.00

$87,488.82 86,866.00

$2,306.31

$622.82

T h e Society has twenty salaried inspectors w h o make investigations to discover unlicensed dogs and w h o also look out f o r the general welfare of dogs, just as the special agents seek to protect the welfare of horses.

T h e y give their assistance when

immediate relief is needed and if necessary file complaints of cruelty. T h e relief work of the Society is represented by its hospital and ambulance service and its animal shelters. Manhattan,

completed

in

1912, is thoroughly

T h e hospital in equipped

with

modern facilities for treating the diseases of all animals, from birds to horses; and there are ambulances f o r both large and small animals.

T h e Brooklyn hospital, which has a separate

ambulance service, was opened in 1914.

In addition to these

two hospitals there is an animal shelter in Brooklyn and one on

6

PREVENTION

OF CRUELTY

TO

ANIMALS

Staten Island. No charge is made for medical treatment, but a fee is asked f o r the keeping of animals if the owner is able to pay it. The rates are one dollar a day f o r horses and fifty cents a day for small animals. During the first year that the Manhattan hospital was in operation (August 14, 1 9 1 2 to August 14, 1 9 1 3 ) treatment was given to 3,792 animals. The second year saw 5,708 cases. The number of cases treated from August 14, 1 9 1 4 to February 7, 1 9 1 5 , was 2,750, making a grand total of 12,250. It is evident that this service is considerable and is rapidly growing. The Brooklyn hospital was opened in October 1914, and is reported already to be doing nearly as much outside work as the Manhattan hospital. 1 The following figures taken from the official report give an idea of the other relief work done in 1 9 1 3 and 1 9 1 4 : ANNUAL

REPORT OF

PRESIDENT

1913 Animals suspended from labor 6,980 Horses, mules and other large animals humanely destroyed. 1,830 Disabled horses and other large animals removed from streets in ambulance 1,027 Complaints of cruelty received and investigated 10,811 Calls made f o r unwanted, sick and injured animals 21,028

W4 6,578 1,769 M19 9,876 93,356

The educational work is accomplished through lectures and the publication of literature. In the past the Society has been the means of giving lectures on the treatment and care of animals at the public schools, boy's clubs, churches and Y . M. C. A's, and has secured veterinarians to give instructive talks to drivers, blacksmiths, etc. The " Bulletin " , published monthly, except for four months in the summer, contains bits of information and suggestions on various topics relating to humane work. The Society has also issued a booklet f o r the use of the police force of the city, containing the laws of the state f o r the prevention of cruelty to animals and descriptions of the diseases and infirmities of horses with their manifestations, so that the public officer may thoroughly understand the conditions that constitute cruelty under 1 During the month of March, 1915, 589 cases were received at the Manhattan hospital and 397 at the hospital in Brooklyn. This is at the rate of nearly 12,000 cases a year.

THE WORK IN NEW YORK CITY

7

the statutes. The booklet also contains suggestions as to methods of procedure in different situations, including instructions as to how to kill a horse humanely. The officers of the American S. P. C. A . complain that they are greatly hampered in their work by those who profess to be interested in the humane cause, but who misrepresent the American S . P. C. A. and fight it on all occasions, often under cover. Occasionally, the Superintendent says, the Society has been subjected to undeserved criticism through the activities of the agents of other societies who have been mistaken for agents of the American S. P. C. A . A n instance is cited of a boy who was stopped by an agent and charged with driving a horse unfit f o r use. He was told that he could escape arrest only by paying a fine of five dollars. He handed five dollars to the agent and was at once released. A n interested party thereupon accused the American Society of employing corrupt agents. Investigation showed that the bribe-taker had been in the employ of another society, but had been discharged and was operating independently. The Superintendent declares that the cause is further injured by the misleading representations of other organizations as to their ability to render service. He says they hold themselves out as prepared to do all kinds of relief work, but when the calls come they turn them over to the American Society, leaving it to be supposed, however, that they do the work themselves. Last December a call was made upon one of these societies to take charge of a dog. They promised to do so and then communicated with the American S. P. C. A. asking the latter to assume the responsibility, inasmuch as they did not have the facilities for such service. The American Society, after explaining the situation to the owner, consented to take the dog. This is said not to be an isolated or unusual case. The following table shows the income and expenses of the Society for the years 1 9 1 3 and 1914. (Annual Reports, pages 14 and 1 5 ) .

8

PREVENTION

OF CRUELTY

Income. Dues Donations Fines Investments Properties leased Interest on bank balance Ambulance service Special Trust fund Dog licenses, etc Total

TO

ANIMALS

1913

1914

$7,195.00 15,458.38 10,746.10 17,163.32 2,482.76 214.32 3,063.00 4512 86,866.00

$6,250.00 8,693.16 8,856.92 19,50600 5,102.19 161.84 3,236.84 45-12 86,298.00

$142,234.80

$138,150.07

$59-396.17 5,954-90 6.335.64 3.51 1,109.43 87,488.82

$60,305.56 6,145.88 6,489.10 321.66 851.77 86,650.90

$160,288.47 $17,053.67

$160,764.87 $22,614.80

Expenses. Headquarters Brooklyn office Ambulance houses Interest and discount Publication " B u l l e t i n " D o g licenses, shelters, etc Total Excess of expenses over income

THE HUMANE SOCIETY OF NEW YORK

The Humane Society of New Y o r k was incorporated in 1904 under the Membership Corporations Law, as the Henry Bergh Humane Society. Its objects were then stated to be: I. Public meetings, lectures and the distribution of written and printed matter prepared for or purchased by the Society. II. Agitation for instruction in humane ideas in schools. III. Aiding the formation and continuance of clubs for the practice and dissemination of humane ideas by children. I V . Giving prizes for the performance or assistance in the performance of humane acts. V . Erection of drinking fountains with suitable inscriptions. V I . Receiving and executing gifts for the preceding and similar purposes. In 1906 a special act was passed (Laws 1906, ch. 489) which reads as follows: Section 1. The name of the Henry Bergh Humane Society is hereby changed to the New York Humane Society. Section 2. The objects and purposes of the Henry Bergh Humane Society, a corporation organized and existing under the

THE WORK IN NEW YORK CITY

9

laws of the State of New York, and incorporated on the 18th day of October, 1904, are hereby enlarged and stated to be as follows, in addition to the objects and purposes set forth in the articles of incorporation: T o provide effective means for the prevention of cruelty to animals in the City of New Y o r k ; to enforce all laws which are now or may hereafter be enacted for the protection of animals; and to secure by lawful means the arrest, conviction and punishment of all persons violating such laws. Section 3. All acts and parts of acts inconsistent herewith are hereby repealed. In 1908, through an order of Justice Leventritt, the name of the Society was again changed to " The Humane Society of New Y o r k . " Under section 196 of the Penal Law this corporation receives its fines from the city and its officers and agents enjoy the powers of peace officers. The Society does not maintain an ambulance service, a hospital, or a shelter for animals. Its force of agents varies in numbers from nine or ten to eighteen or twenty, each receiving a salary of from $75 to $90 a month. They are assigned to patrol posts with boundaries fixed more or less with reference to the location of the magistrates' courts. The method of procedure upon making arrests is practically the same as that followed by agents of the American S. P. C. A., but when a horse is left at a livery stable for temporary keeping while the driver is under arrest, the Humane Society does not undertake to pay the charges. The activities of the agents are chiefly devoted to the supervision of horses in use in the streets. The following table shows the number of arrests made by agents of the Humane Society since it was given the police power, and the number of convictions secured each year since 1909: Year. 1906 (part of y e a r ) 1907 1908 1909 1910 1911 1912

1913

Arrests. 90 299 688

905 1,592 3.554 3.653 3,391

Convictions.

786 1.493 3,347 3,512 3,314

The total number of horses examined in 1 9 1 3 w a s 110,000.

IO

PREVENTION

OF CRUELTY

TO

ANIMALS

The treasurer's report for 1 9 1 3 shows the following sums received and expended: Income. Balance on hand J a n u a r y i, 1913 Receipts Bank interest Total Disbursement total Balance in Chatham & Phoenix Bank

$6,877.66 17,995.00 66.07 $24,938.73 22,084.81 $2,853.92

According to the Annual Report of the Society it received donations amounting to $260.50. The sinking-fund resolutions for the year 1 9 1 3 and the records in the Department of Finance of the City of New Y o r k , show that the amount paid to the Humane Society f o r fines during the year 1 9 1 3 was $17,991. In addition the sum of $ 1 0 5 was paid by the city from special and trust account, making a total of $18,096/ A comparison of this amount with the receipts shown in the treasurer's report indicates that the Society is largely supported by the fines collected. Partly because of this dependence on fines the Humane Society of New York has been made the object of criticism, which in 1 9 1 4 took concrete form in an action brought by W . A . Mallett before the Attorney-General to have the charter of the Society annulled. The action, however, was unsuccessful. Thereupon Mr. Mallett filed a complaint with the Comptroller, seeking to have the payment of fines to the Society withheld, alleging that its agents make unnecessary arrests and then urge the accused to plead guilty, in order that the Society may secure the fines. It was further alleged that no portion of the money collected as fines from the city is expended in maintaining an ambulance or hospital service f o r relief of suffering animals. Pursuant to this complaint the Bureau of Municipal Investigations and Statistics conducted an investigation and filed a report 1 This sum represents the total amount voted by the Commissioners of the Sinking Fund during the year. T h e amount actually paid to the Society before January 1, 1914, was only $16,654.

THE WORK

IN NEW

YORK

CITY

II

thereon with the Comptroller, on July 24th, 1914. This report calls attention to the fact that at the time of the passage of the act of 1906, increasing the powers of the Society, there were in force sections 70 and 71 of the Membership Corporations Law. " Section 70 described the successive steps to be taken by persons desiring to incorporate a Society for the Prevention of Cruelty to Animals, and provided that the written consent of the American Society for the Prevention of Cruelty to Animals was necessary, or otherwise eight days notice to said Society so that its counsel might be heard in opposition thereto." Section 71 read as follows: A corporation for the prevention of cruelty to animals shall not hereafter be incorporated for the purposes of conducting its operations in the counties of New York, Kings, Queens, Richmond, Suffolk, Westchester or Rensselaer, or in any other county, if, thereby there would be two or more such corporations formed for the purpose of conducting operations in such county. In reference to the petition which led to a change in the Society's name in 1908, the report says: In the petition which was submitted it was alleged that the corporation was duly incorporated under Article II of the membership corporations law, and the objects of said corporation presented to the court were identical with those set forth in the original certificate of incorporation dated October 18, 1904. No mention was made, however, in said petition of the fact that by Chapter 489, Laws of 1906, the legislature had increased the scope of the society or had changed its name. A s a result of this investigation the Supervising Statistician and Examiner submitted to the Corporation Counsel the following questions: First: Is the corporation one that was duly incorporated under the general laws of the State, or was it created under a special act in violation of Article 8, Section 1 of the Constitution? Second: If chapter 489 of the laws of 1906 is a general law, does it conflict with Article 8, Section 10 of the constitution which provides in part as follows: " no county, city, town or village shall hereafter give any money or credit to or in aid of any individual, association or corporation."

12

PREVENTION

OF CRUELTY

TO

ANIMALS

On September u , 1914, Messrs. Hirsch, Scheuerman burg, Attorneys, filed an answer in behalf of the Humane in which they argue that the statutes from which the derives its existence and its powers do not violate either 1 or Section 10 of Article 8 of the State Constitution. 1 of this article provides as follows:

& LimSociety, Society Section Section

Corporations may be formed under general laws but shall not be created by special act, except for municipal purposes and in cases where in the judgment of the legislature the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section may be altered from time to time and repealed. The contention of the Society is that the act of 1906 (Laws 1906, ch. 489) did not create a corporation but merely extended the powers of an existing corporation organized under a general law. The following authorities seem to support this contention: In the matter of P. P. & C. I. Railroad Co., 67 N. Y. ¡71 {1876) the court says, on page 378: " T h e general provision of Article 8, Section 1, of the Constitution, has never been held to render unconstitutional a special charter or special addition to a charter taken under general laws and it is not new that railroad corporations have been authorized by special statutes to consolidate." In Attorney General v. North American Life Insurance Co., 82 N. Y. 172 (1880) it was held that the Act of 1866 (Laws 1866, Ch. 576) granting the L i f e Insurance Company certain powers, etc. was not in conflict with the provisions of the State Constitution, prohibiting the creation of corporations by a special act, inasmuch as it did not create a corporation but merely regulated a corporation previously in existence. In Mosier v. Hilton, 15 Barbour 657, an act to reorganize an old corporation was held not to be within this provision. In People v. Bowen, 21 N. Y. 517, it was held that a special act for incorporation is not unconstitutional by reason of the existence of a general law; the necessity of the act is in legislative discretion. Section 10, Article 8 of the State Constitution provides that

THE WORK

IN NEW

YORK

CITY

13

" no county, city, town or village shall hereafter give any money or credit to or in aid of any individual, association or corporation." It is Section 196 of the Penal Law, rather than Laws of 1906, ch. 489, which should here be drawn in question, since it is by virtue of the former act that the Society receives its fines. The contention of the Society upon this point is that in so far as it enforces the penal law it is an employe or agent of the state, and that the fines are not a gift or loan from the city or state, but merely compensation for rendering public service (See Opinion in Fox v. Mohawk and Hudson River Humane Society, 165 N. Y . 517, 523, 524). On these questions the Corporation Counsel rendered an opinion favorable to the Society, and the Comptroller thereupon dismissed the complaint. Mr. Mallett then appealed to the courts to restrain the Commissioners of the Sinking Fund of the City of New York from voting the payment of fines to the Society on the grounds suggested in the above questions, namely, that such payments were unconstitutional. A f t e r argument before Mr. Justice Davis of the Supreme Court this complaint also was dismissed, on March 23> I 9 I 5A t the present writing, therefore, it appears that the constitutionality of the law which permits societies to receive fines will be upheld. The annual report shows that the Society was instrumental in establishing a series of illustrated lectures on humane topics in the public schools in the city. A s regards the failure of the Society to do relief work, Mr. Belais, the President of the Society, says that the Society has been compelled to confine its activities to a direct enforcement of the law because of limited resources. He thinks that, as a matter of principle, the law should be enforced by the public authorities and not by private societies; but says that the work of private societies is made necessary by the failure of the public authorities to do their duty in this respect. Mr. Belais believes that the true province of the private society is educational and relief work, rather than police work. Under the present law the Humane Society gets the fines in all cases which it prosecutes successfully; but Mr. Belais says he would be satisfied with the system now in force in California, whereby all fines go into the public treasury and the public authorities may

PREVENTION

14

OF CRUELTY

TO

ANIMALS

pay to the society an amount not to exceed a specified maximum in any one month f o r actual services rendered in the enforcement of the law. M r . Belais contends that in most cases which c o m e to their notice a heavy fine imposed upon the horseowner is the only e f fective punishment.

T h e driver o f t e n is not responsible and his

confinement in prison directed justice.

f o r any period, h o w e v e r b r i e f , is mis-

Fines should be imposed on the

responsible

owners, sufficiently heavy to deter them f r o m taking the risk of sending out an unfit horse.

If the fine is light, it is worth the

risk, as the lame or sore horse o f t e n earns several times the amount of the fine before the violation is detected and punished. T h e s e are the principles upon which the H u m a n e

Society

of

N e w Y o r k bases its operations. T H E NEW YORK W O M E N ' S LEAGUE FOR A N I M A L S

T h e N e w Y o r k W o m e n ' s L e a g u e f o r A n i m a l s w a s incorporated in 1910.

Its particular objects a r e : " T h e maintenance o f

dispensaries and hospitals f o r the treatment o f animals in the C i t y o f N e w Y o r k ; the dissemination of knowledge regarding the proper care of animals; the promotion o f kind and humane treatment and the cooperation with other humane agencies to secure the enforcement and enactment o f laws against cruelty." ( A n n u a l Report, 1913, p. 6 5 ) .

T h i s corporation does not pos-

sess the special police power or the right to ever, interested itself flagrant

fines.

in the prosecution of

It has, how-

what

it

deemed

cases and in 1913 lost but one out of twenty-seven such

prosecutions.

In the same year it investigated about 500 com-

plaints " always with an idea to educate and advise owners and drivers"

( A n n u a l Report, p. 1 9 ) .

It appears then, that this

organization aims primarily at education and relief

and only

incidentally at correction. F r o m the outset the Society maintained a f r e e dispensary at w h i c h about 30,000 animals were treated up to the opening of the new hospital in 1914.

T h e latter is a splendidly equipped

institution, but at present, o w i n g to financial stringency is operated only as a f r e e clinic f r o m 10 A . M . to 1 P. M . daily.

THE WORK IN NEW YORK

CITY

15

T h e further activities of the N e w Y o r k W o m e n ' s L e a g u e f o r A n i m a l s m a y be thus enumerated: 1. It has every y e a r a work-horse parade, distributing ribbons w i t h cash prizes, thus stimulating drivers to a better care o f their horses and a more intelligent method of harnessing them. 2. It educates children by lectures with lantern slides, meetings, compositions, etc. 3. It distributes humane literature in stables, saloons and various public places. 4- It distributes humane light-weight bridles and bits as well as fly nets in summer and emergency shoes f o r the horses in winter. 5. It maintains receiving shelters f o r small animals during the summer in t w o of the parks. A n i m a l s received here are placed in good homes or humanely destroyed. 6. It maintains w a t e r i n g stations during summer months. T h e financial report f o r 1913 indicates that the Society is maintained almost exclusively by voluntary contributions.

T h e chief

items are as f o l l o w s : Income. Membership dues Donations D o g s brigade f u n d Cats brigade f u n d Advertising Interest

$7,702.00 4,623.44 3-659.50 276.72 650.00 270.02

Total T h e total expenditures for the year were Leaving a balance of

$17,181.68 13,936.11 $3,245.57

( A n n u a l Report, pp. 24, 25.) T H E HORSE AID SOCIETY

T h e H o r s e A i d Society was incorporated in 1910 under the Membership Corporations L a w , without the special police p o w e r or the right to

fines.

T h e belief of the founder, M r s . J.

M.

Ehrlich, is that in most cases the ill-treatment of horses is the result of ignorance, not of w i l l f u l cruelty, and that accordingly the appropriate remedy is education, not punishment.

This So-

ciety also deprecates the payment of fines to private organizations.

iS

PREVENTION

OF CRUELTY

TO

ANIMALS

A l t h o u g h called the Horse A i d Society, it appears that about as much attention has been given to the needs of the families of poor drivers as to the needs of horses, so that its w o r k is really general charity.

In the past the Society has maintained a horse-

shoeing infirmary, a clinic, an ambulance, a rest f a r m in the summer, watering stations and a drivers' club to educate the driver by literature and lectures.

It has also distributed blankets,

chain shoes, fly nets, bridles and feed.

M u c h o f this w a s done

through the personal expenditure of the president and founder, M r s . Ehrlich.

A c c o r d i n g to the first report ( O c t o b e r 1 9 1 2 ) the

receipts of the Society f r o m the time of its organization up to D e c e m b e r 9, 1912, w e r e as f o l l o w s : Membership fees Donations Sale of tickets

$1,135.00 1,400.95 633.85

Total

$3,169.80

O f this amount $2,797.96 had been expended, leaving a balance in hand o f $371.84. A t the present time the Society maintains its headquarters, w h e r e small animals are received and either placed in good homes or humanely destroyed, and where the service of a veterinarian is provided w h e n necessary.

L i k e the W o m e n ' s League, however,

it has suffered from the prevailing financial stress, and the consequent . falling off in contributions

has greatly

curtailed

its

activities. In October, 1914, M r s . A n n i e S. Allis, instituted proceedings b e f o r e the Attorney-General, demanding that the charter o f the Society be annulled f o r failure properly to p e r f o r m its corporate d u t i e s ; but this action w a s later withdrawn. T H E A N I M A L RELIEF SOCIETY

T h e A n i m a l Relief Society w a s incorporated in M a y 1914.

It

asked f o r the consent o f the A m e r i c a n S. P . C . A . to incorporate under section 120 of the Membership Corporations L a w , but this w a s refused.

Accordingly, like the N e w

York

Women's

L e a g u e f o r A n i m a l s and the H o r s e A i d Society, it is without special police power and the right to

fines.

T h e aim o f

this

THE WORK IN NEW YORK

CITY

17

organization is declared to be to help the animals, to prevent unnecessary arrests, and to aid in defending cases w h e r e the prosecution seems unwarranted. T h e present membership is between 500 and 600, all horseowners.

Membership fees are voluntary.

O n e of the chief

m o t i v e s f o r organization was a feeling that horseowners in N e w Y o r k City w e r e subjected to unnecessary and unjustifiable annoyance through the activities of the societies which have the police p o w e r and which receive the fines resulting f r o m successful prosecutions.

In other words, the A n i m a l Relief

Society

desires

to prevent the alleged abuse of a privilege which it deems w a s in the first instance unlawfully granted. T h e Society employs four agents on a salary w h o give their entire time to patrolling the streets. g i v e n relief to o v e r 150 horses.

Since M a y , 1914, they have

A hospital service is maintained

at the stable o f a veterinarian, where five stalls are reserved f o r the use of the Society.

T h e Society has no ambulance o f its o w n ,

but has permanent arrangements with t w o parties owning ambulances, so that the Society can use them in answering emergency calls. N o financial statement has been published, but it appears that the organization depends f o r its income on membership

fees

and donations. T H E BRONX

HORSE OWNERS' PROTECTIVE

ASSOCIATION

T h e most recent organization in the field is the B r o n x H o r s e O w n e r s ' Protective Association, incorporated in December 1914. Its f o u n d e r is M r . W . A . Mallett, mentioned above as complainant against the H u m a n e Society.

It is too early to f o r m an

estimate o f its achievements, but its purpose seems to be not unlike that o f the Animal Relief Society.

M r . Mallett and his as-

sociates believe that there are too many arrests, that not enough is done f o r the protection of the horse owners, and that under no circumstances should fines g o to private corporations.

They

propose that when an arrest is made the driver be handed a summons, as in the case of automobile owners, and be permitted to appear in court at a later time so that his w o r k may not be interrupted.

It is contended that this will a f f o r d a reasonable pro-

tection to both the horse and the owner.

I I . T H E W O R K OUTSIDE N E W YORK

CITY

It would not be possible to include in the present paper a description of all the humane societies working in behalf animals in N e w Y o r k State.

of

Accordingly it has been necessary

to select a f e w societies in the larger communities where the work seems to have peculiar significance.

A comparison reveals vary-

ing points of view as to aims and methods; and it would seem that each has something worth while to teach his neighbors. T H E ERIE COUNTY S. P. C. A.

In the western part of the state the leading society is the Erie County S. P. C. A . at Buffalo.

It was incorporated in 1888.

Great emphasis is laid on what is called constructive work.

One

form of this work is represented in an effort to get the city to make needed improvements.

V e r y often the Society has called

the attention of the authorities to the bad conditions of street pavements and its suggestions not only have been graciously received but have invariably borne fruit.

T h e Department of Street

Cleaning has been induced to place on its wagons signs reading: " Be K i n d to Animals " to serve as a restraint and reminder to the drivers.

Whether due to this cause o r not, it is a fact that

almost no cases of cruelty are found among these drivers. O n e of the most common violations, not only in Buffalo, but everywhere, is leaving horses unblanketed in cold weather.

It

is often highly inconvenient, if not impracticable, f o r a driver of a milk wagon, ice wagon, etc., w h o is making frequent stops, to blanket and unblanket his horse at each stop. time.

It takes too much

O n the other hand, it is not safe to keep the horse covered

with the heavy blanket ordinarily used in winter, lest the animal become overheated while being driven, and thus catch while standing.

cold

T o meet this dilemma, the Society has introduced

a special canvas blanket of sufficient warmth, in which the horse can be safely driven.

It can be quickly and easily rolled up, and

is permanently attached to the hame so as to be always ready for

THE WORK

OUTSIDE

NEW

YORK

CITY

jg

use. These blankets have been adopted by nearly all the city departments and are marked with the names of the respective departments. Many private owners have also found them extremely valuable. The Society has been instrumental in bringing into use a special patented feed-bag, ventilated, adjustable and easily cleaned; has given away many bridles without blinders, convincing drivers that their horses could be driven in the city without that ancient ornamental device which has proved fatal to many a horse's eyesight; and loans chain shoes and supplies carpet emergency shoes, etc. to prevent horses from slipping on icy or snow-covered pavements. Particular attention has been given to the conditions under which fowls are shipped. It has been a common practice for shippers to crowd these animals into small, ill-ventilated crates or boxes where they were compelled to stand in a cramped position or lie half smothered for hours. Against this evil the Society has made a vigorous fight. It has prescribed the size and character of crates which should be used in shipping different kinds of fowls, and has induced railroad authorities to post these regulations at the various shipping places and to refuse to receive any crates which do not meet the requirements. Another field for useful work in Buffalo is in the stock yards. A special agent is assigned to this duty and is at the yards at least three days a week, or oftener when circumstances demand it. The Society has put up signs about the yards enjoining kindness to animals and inspects the loading, unloading and feeding processes. The problems arising at the stock yards in connection with the shipment of live stock are among the most perplexing which the Society has to face. It seems almost impossible to make a railroad journey comfortable for animals without incurring an expense which would be prohibitive. In the winter they suffer from the cold and from close confinement in illventilated cars; and during the rest of the year, when they are shipped in open cars, they are exposed to all kinds of weather conditions, varying from cold winds and rain to suffocating heat. The men in charge also testify that sometimes it is absolutely necessary to use ungentle persuasion to get the frightened cattle

PREVENTION

OF CRUELTY

TO

ANIMALS

in and out of the cars. Nor is the enforced rest period, required by both federal and state law, an unmitigated blessing. In the case of young calves it works positive cruelty, for they can neither eat nor drink anything available at the yards, and the five or ten hours spent there serve only to prolong their suffering. If these young animals must be shipped, it would seem better to limit the distance and to require that they be rushed through to the destination without interruption. An effort has been made recently to secure a change in the New York State law relating to animals in transit, to the advantage of shippers and carriers. The law at present provides that animals shall not be confined in cars for a longer period than twenty-four hours without being unloaded and fed, and that at least ten hours be allowed for such unloading and feeding. The railroads and shippers desire to have the twenty-four-hour limit increased to twenty-eight hours with the privilege of an extension to thirty-six hours at the request of the shipper, in accordance with the provisions of the present federal statute relating to the shipment of animals in interstate commerce. The necessity for such a change is not apparent. Certainly the railroads ought to be compelled, barring accidents or unusual circumstances, to make the run from Buffalo to New York, a distance of 438 miles, within the twenty-four-hour limit. Indeed it is urged in some quarters that the law should fix a minimum speed to be maintained by cattle trains, and that when necessary they should be given the right of way over all other classes of transportation. The federal authorities say that as a matter of fact some interstate railroads have issued orders to this effect in cases of shipments from a great distance. The live stock agent in charge of the yards at Buffalo says that although conditions are far from ideal and will always be bad as long as cattle are shipped alive, there has been a marked improvement in the past few years. About 50,000 carloads of live stock are handled at Buffalo each year, so there is abundant opportunity for observation. He says the attitude of the employes has changed, along with physical conditions; and this improvement he attributes largely to the influence of the humane society. Even more difficult to control, though on a much smaller scale,

THE WORK OUTSIDE NEW YORK CITY

21

are the conditions attending the shipment of cattle, especially calves, from the surrounding country districts into the city. F a r m e r s are notified when cars will be at the railroad station to receive their stock, and then bring the animals in at their convenience, often a whole day in advance.

T h e calves are placed in

rude pens or enclosures, sometimes without any overhead shelter, and left to stand u n f e d until the car is ready, it may be twentyf o u r hours, irrespective of the weather.

Local sentiment in small

communities seldom arouses itself sufficiently to suppress such practices, so it has fallen to the E r i e County S . P . C. A . to undertake it.

Of course it is not possible to maintain continuous super-

vision so as entirely to prevent this kind of cruelty, but occasional prosecutions have served to render it less frequent.

In many

towns the Society has volunteer agents, through whom it has been able to maintain a fairly satisfactory control over this as well as other branches of humane work. In the city itself, as seems to be universally the case, horses are the chief sufferers.

A t any rate, the vast majority of viola-

tions which come to notice are connected with the use of horses. Accordingly the E r i e County S. P. C. A . , like all other similar organizations, has devoted a large part of its energy to the protection of this useful animal.

Examples of what is called active

cruelty, such as beating and kicking horses, are very rare nowadays.

The most common abuse is the driving of animals unfit

f o r use because of lameness, old age, etc.

I t is astonishing how

many such horses are sold to poor peddlers and truckmen f o r five, ten or fifteen dollars.

In order to stop this evil at its source

the Society keeps its eye constantly on the horsemarket; and when some poor driver is prosecuted f o r using such a horse he is warned against buying any animal at these low figures without ascertaining its real condition.

Consequently many prospective

buyers have the horses brought to the Society f o r examination, and refuse to take any animal not approved at the Society's office. F o r horses temporarily incapacitated a rest f a r m is maintained at East Aurora, N . Y .

T h e f a r m is privately owned, and the

Society at present pays rental f o r the portion devoted to its use. It was opened in M a y 1 9 1 4 , and through an entertainment suffi-

PREVENTION

OF CRUELTY

TO

ANIMALS

cient funds were raised to run it on the present scale for three years. There are thirty-eight acres available for pasture, stalls to accommodate ten or twelve horses, and an enclosed paddock. About forty horses were cared for at the farm during the first six months. Practically all of these were poor men's horses, for it is the poor man whom the Society seeks thus to serve. If the owner is unable to pay for the service, it is rendered free. In several instances owners who have been prosecuted for driving unfit horses have of their own accord asked to have the animals taken to the rest farm when there was a prospect of restoring them to usefulness by a period of rest. In these requests the Society has most gladly acquiesced. It has been found that some horses which at first seemed hopeless and were slated for humane destruction have with a little care so far recovered as to be fit for certain kinds of light work. Several such horses, surrendered by their owners with the intention that they be destroyed, have, with the consent of the respective owners, been given by the Society to poor men who had previously lost their horses in one way or another. In every such case the Society keeps the horse and owner under observation in order that the horse shall not be taxed beyond its strength. This practice has convinced drivers that the Society's real aim is not to punish but to help, and it has proved to be a most valuable educational influence. The work-horse parade is another means by which the Society seeks to inspire owners and drivers with a proper regard for the horse's welfare as well as with pride in its appearance. A keen competition has been developed and drivers take great pains to keep their horses in good condition for the contest. In distributing prizes in the various classes an attempt is made to reward every honest effort, so that no animal shall have undue advantage merely because of natural superiority. The sincerity and industry of the owner, as well as the appearance of the horse, gain recognition. Accordingly prizes are distributed liberally, many ribbons being given by way of honorable mention; and they are displayed with no little satisfaction by successful competitors for some time after the event. The cost of the parade in October, 1914, was $600 and was met by private subscriptions. As an

THE

WORK

OUTSIDE

NEW

YORK

CITY

23

educational investment it was considered well worth while, and the custom will be continued. T h e schools of Buffalo have also taken part in providing humane education.

In the sixth, seventh, eighth and ninth grades

and in the high schools essay contests are held each year under the supervision of the Committee on Humane Education of the Erie County S. P . C. A., in cooperation with the principals and English teachers of the respective schools.

In the lower grades

subjects are suggested by the Society's Committee.

In the high

schools the choice of subjects is left to the teachers in charge of the work.

These essays are always submitted as a part of the

regular English course, and they receive due credit as such, irrespective of their fate in the prize competition. f o r the successful essays in each grade. Society, and consist of humane interest.

Prizes are given

These are given by the

appropriate books on some topic

of

A day is appointed in each school in which the

prize-winning essays are read, and some member of the Society's Committee is present to make the awards.

It is estimated that

six or seven thousand essays were submitted by the school children of Buffalo in 1914, and in 1915 the number was over ten thousand. There is a difference of opinion among the high school principals as to the value of this essay writing.

Some feel that it

becomes a bore and drudgery and operates to kill the student's true interest and enthusiasm in humane work. may be true of essay writing in any

field.

O f course this

Much depends on the

kind of subject chosen and the way in which the matter is presented.

It would seem that the subjects should be closely related

to the children's experience, and such that they can be worked up from personal observation rather than from books.

In one

of the high schools the essay plan has been discontinued, and illustrated lectures have been substituted therefor.

A l l are sub-

stantially agreed that there is no place in the high school f o r direct instruction in humane topics, especially since humane ideas are pretty thoroughly instilled in the pupils' minds either directly or indirectly through all the lower grades.

T h e purpose of any

work done in the high schools should be merely to reenforce these ideas, to keep them alive, to convince the young people that

24

PREVENTION

OF CRUELTY

TO

ANIMALS

humane impulses are worth preserving and acting upon. Whether this can be best accomplished by essays, by lectures, or by some other means, is perhaps a question to be determined according to the peculiar needs of the different schools. At any rate it is clear that the school authorities of Buffalo are heartily in sympathy with the work of the humane society and are doing their best to encourage it. The activity of the Society in patrolling the streets has increased remarkably during the past year. The number of prosecutions conducted by the Society for the year ending September 30, 1913, was twenty-six, resulting in twenty-three convictions and three acquittals. During the twelve months ending September 30, 1914, the Society conducted 128 prosecutions and secured 126 convictions. Between July 1 9 1 3 , when Mr. H. Clay Preston, the present general manager, took charge, and March 1 9 1 5 , the total number of prosecutions was 175, and only four cases were lost. Three of these four acquittals were cases resulting from complaints by citizens. Fines imposed in 1 9 1 3 amounted to $340. In 1 9 1 4 the fines reached a total of $2049. The following table shows the interesting points of comparison between the years 1 9 1 3 and 1 9 1 4 : Complaints of cruelty investigated Prosecutions Convictions Acquittals Fines Cases reported by police

1913

1914

1,761 26 23

4,022 128 126

3

$340 20

2

$2,049 103

The last item in this table indicates how the activity of the Society's agents is reflected in the activity of the police. The increase in the number of complaints by the police is almost in exact proportion to the increase in the number of prosecutions conducted by the Society. Indeed the officers of the Society testify that they find the public authorities most ready to cooperate in enforcing the anti-cruelty laws; and the police officers on their side say that the energy and thoroughness of the Society's representatives has an undeniable influence upon the attitude of policemen on the streets. There was a time when many of the police were comparatively indifferent to cases of cruelty. They

THE WORK

OUTSIDE

NEW

YORK

CITY

2$

o f t e n hesitated to m a k e arrests because they w e r e not sure that the conditions f o u n d constituted violations and they w e r e unwilling t o take cases to court without proper backing.

T o d a y when-

ever they n o t i f y the Society o f an apparent violation they are met with a prompt response; and this spirit o f cooperation has a highly stimulating effect on the w o r k o f both the police and the humane society.

T h e Society now m a k e s it a point in its

annual report to g i v e honorable mention to those members of the police force w h o have rendered noteworthy service in the prevention of cruelty to animals o r in assisting the Society in its efforts. It is interesting to note the attitude of the j u d g e s o f the City C o u r t towards humane w o r k .

I n the first place they are in per-

fect accord with the aims o f the S o c i e t y ; and in the second place they are unanimous in commendation of its methods.

The

records themselves m a k e it really unnecessary to invoke this collateral testimony.

T h e f a c t that convictions are secured in 98

per cent of all prosecutions is ample evidence as to the kind of cases brought into court.

T h e judicial attitude is most strik-

ingly revealed in the character of penalties imposed. o f the City C o u r t of

The judges

B u f f a l o believe that in most cases w i t h

which they h a v e to deal a heavy fine is the most effective punishment.

T h e f o l l o w i n g tables show the disposition o f cases o f

cruelty to animals in 1 9 1 1 , 1 9 1 2 and 1913, as given in the annual reports of the City C o u r t of B u f f a l o f o r those y e a r s : 1. Disposition. Convicted Fined Prison sentence Suspended sentence Probation 2. Amount

Less than $5.00 $5 00 $10.00 $15.00 $20.00 $25-00 $50.00 $100.00

of

1911

1912

1913

22 17 o 5 o

22 13 o 5 4

36 17 1 12 6

1

o 5 4 o o 4 o 1

o 1 3 2 o 7 4 o

Fines. 4

2 o 2 5 3 o

26

PREVENTION

OF CRUELTY

TO

ANIMALS

T h e report f o r 1 9 1 4 is not yet available, but the records show that a prison sentence was imposed in only five cases out of 1 2 6 convictions. $100.00.

T h e average fine was about $25.00, the largest being

T h e figures in the above table indicate that about 77

per cent of the fines imposed were $10.00 or more, and 50 per cent of them were $25.00 or more.

M a n y of these fines are paid

on the installment plan, and the offender is thus reminded of his offense f r o m week to week to the extent of one or two dollars. This is believed to have had a salutary effect, and is considered f a r superior to a prison sentence or to a small fine adapted to the immediate financial ability of the defendant.

The judges, in

accord with the humane society and with public sentiment, are convinced of the seriousness of cruelty to animals and they desire to impress its seriousness upon all who offend.

A $25.00 fine f o r

driving an animal which was purchased f o r $ 1 0 . 0 0 and which has to be destroyed because unfit f o r use makes a cheap horse a poor investment.

That drivers are learning caution is proved by the

frequency, above alluded to, with which they appeal to the Society f o r its sanction of prospective bargains in horses. In addition to the work as above outlined the E r i e County S . P . C. A., under a contract with the police commissioners of B u f f a l o , conducts the public pound.

F o r this the City merely

pays expenses, and limits the amount which may be paid f o r salaries in connection therewith.

T h e pound was built about

eight years ago, under the supervision of the Society, but the work has g r o w n to such proportions that the accommodations there afforded are no longer adequate.

Contracts have been let

f o r an addition to the present shelter, and a motor ambulance f o r small animals has just been put into use. T h e E r i e County S . P. C. A . depends largely upon membership fees and donations f o r its support.

Previous to 1 9 1 4 the

fines received have been an inconsiderable item. the latest published report of the treasurer ( 1 9 1 3 ) :

Following is

THE WORK OUTSIDE GENERAL

NEW YORK

CITY

27

FUND.

Receipts.

Disbursements.

L i f e Membership and A n nual Dues $3 710.00 Interest on Investments and Deposits 1, 098.89 C o u n t y Appropriation . . . . I, 500.00 T o Re-imburse A n i m a l Shelter Expenses ( P o l i c e Pension F u n d ) 2, 865.19 Donations and Special G i f t s 440.75 272.80 Fines Collected F o r S p e c i a l Emergency 500.00 Fund 150.70 F r o m Other Sources

Salary Account $4,474.16 Office E x p e n s e s , Rent, L i g h t and Telephone . . . 667.73 Printing, Stationery and Postage 41332 C a r Fares and Expenses of Special Officers (Investigating Complaints) 379-13 Shelter for Animals, Salaries and Supplies 2,865.19 Animal W e e k Campaign . . 278.65 Repairs to M o t o r Car . . . . 60.88 Miscellaneous Expenses . . 29.89

A d j u s t m e n t of Ledger" .

$10,538.33 "Sales

B y Balances

75

$9,168.95 . 1.368.63 $10,537-58

$10,537-58 T H E H U M A N E SOCIETY OF ROCHESTER

The Humane Society of Rochester, N. Y . for the Prevention of Cruelty to Animals was incorporated in 1888.

Under the

statute (Membership Corporations Law, sec. 1 2 1 ) which permits a society for the prevention of cruelty to animals to operate in any adjacent county where no such society is organized, the Humane Society of Rochester at one time carried on work in Ontario, Livingston, Wayne, Orleans, Yates and Steuben counties.

Through the incorporation of societies in these counties

its jurisdiction has been reduced to Monroe county, in which the City of Rochester is located.

The foundation of these local

organizations has been encouraged and their establishment may doubtless be attributed in large measure to the influence of the Rochester Society. The two subjects in which the Humane Society of Rochester has been especially interested are humane education and humane legislation.

In the field of practical humane education this So-

ciety was one of the pioneers.

A s early as 1900 a system of

illustrated lectures was inaugurated, designed particularly school children.

for

It is the belief of the officers that the only

sure way of decreasing and preventing cruelty is to teach the

28

PREVENTION

OF CRUELTY

younger generation to be kind.

TO

ANIMALS

T h e following extract

from

the Society's 1909 Y e a r Book expresses their attitude towards this subject: When a veteran humane worker sits down by himself and thinks over the history of the work of the humane societies all over the world, commencing with their establishment down to the present time—when he starts in with its inauguration in this country by Henry Bergh, holding up an overloaded horse-car in N e w Y o r k City, during a snow storm and compelling the swearing passengers to walk in order that the overburdened horse might have rest and justice awarded him, he wonders that the cause has made so little progress, and that so much cruelty is everywhere practiced, and that its hydra head still appears everywhere in modern civilization, when there are so many humane societies in every state, and their State Conventions and N a tional Conventions meet annually, and congratulate themselves and applaud each other, on their great victories over, and their suppression o f , the giant evil of cruelty. A n d he asks himself, are they really using the right means, or all the means in their power f o r the extinction of animal abuse? A r e we, when we have passed a w a y to be succeeded by a similar " Board of Directors " who are to engage a like number of officers and employes, to arrest and punish an ignorant, unthinking and vicious public f o r misdeeds, and frighten a multitude of other persons into being humane, because they f e a r punishment ? Is not the future outlook, if only the present methods are employed, only the picture of an unending battle with only partial victories and successes f o r both sides ? A r e there no other allies we can enlist in this Holy W a r ? Many societies which have an abundance of money fail to show any perceptible gain in the suppression of cruelty commensurate with amount expended. S o it appears f r o m the history of humane effort in the past, that neither punishment nor the threat of the law, with an abundance of money to carry on the present methods, will make men humane. Well, then, what will? There is certainly one thing that has been little tried, but when it has been attempted the results have been most encouraging among all nationalities and all classes. That is the capture and enlistment of the youth who are to be the masters of tomorrow. T h a t is the Philosopher's Stone that shall turn all things into gold. If we can enlist them in this and f o r this Holy W a r , the world is conquered. H a v e we not proof of it? Look at the file of young soldiers, girls and boys, who daily come to our meager library f o r ammunition.

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Look at the little detectives that run to this office, breathless, to lodge complaints of cruelty. Observe how accurate they are in the description of the animal, the place and time of the offense, the garb and nationality of the perpetrator. How enthusiastic and absorbed in the work they become. Someone has said " Give me a child until he is seven, and you can have him ever after that. I have formed his character." Compulsory education in the schools has not been favored because it is thought that many of the teachers have no particular training or interest and it is feared that any work done would be entirely perfunctory. The matter must be presented with enthusiasm and conviction in order to be inspiring. There must be some appeal to the youthful imagination. The Society has felt that the desired results could best be secured through the medium of illustrated lectures given by some agency not directly connected with the schools. Accordingly it has employed continuously a regular lecturer who devotes her time to delivering free lectures in the schools, churches, orphan asylums, etc. Most of the lectures have been given in the public schools of Rochester, but many have also been given in the surrounding country districts, in other cities of the state and even in the cities of neighboring states. For example, in 1914, in response to a request from Youngstown, Ohio, the superintendent of humane education of the Rochester Society visited Youngstown, explained in detail the Rochester plan and helped to organize the work. During her stay in Youngstown she delivered sixteen lectures. As a result slides have been purchased and lectures are now being given in the public schools of that city. The Society has been greatly aided in these efforts through the generosity of individuals, particularly in the way of subscriptions and the donation of lantern slides. Many slides have been presented by the Eastman Kodak Company, others have been loaned by the state, and a large number have been made from pictures taken by the Society itself. During the past three years the expenses of lectures given throughout the state have been paid from a fund of the State Convention of Humane Societies; but all salaries and other expenditures are paid by the Rochester Society.

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Since the inauguration of this work in 1900 over 1000 lectures have been given. It is not possible to state exactly how many children have been reached in this w a y ; but it is safe to say that in the course of a year most of the school children of Rochester have the subject of the usefulness and proper treatment of animals brought directly to their attention. The following table shows the number of lectures delivered under the auspices of the Humane Society of Rochester during the past ten years: Lectures Given in Public Schools, of Rochester.

Year. 1905 1906 1907 1908 >9°9 1910 1911 1912 1913 1914 Totals

Lectures Given Elsewhere.

Total.

66 82 63 79 73 77 77 63 69 59

17 44 6 23 43 9 18 18 12 37

83 126 69 102 116 86 95 8t 81 96

708

227

935

The lectures given in 1914 were as follows: Public Schools Parochial Schools Church Houses Social Settlement Rural Schools Whitesville Youngstown, Ohio

59 2 2 1 15 1 16

Total

96

The decrease in the number of lectures in public schools since 1 9 1 1 is accounted for by the erection of modern buildings with assembly halls, by which it is made possible to reach the same number of children by fewer lectures. This has enabled the lecturer to devote more time to the country districts where the need of humane education is keenly felt. The lecture system has been supplemented by the prize essay system, which we have seen highly developed in Buffalo. The

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contest is open to pupils of the fourth, fifth, sixth, seventh and eighth grades. The subjects in 1914 were as follows: 8th Grade 1. Our Common Birds: What ones have you become acquainted with? 2. Game Birds: Why should humane people countenance the shooting of game birds, so called, at any time? (350 to 400 words) 7th Grade Hibernation: The relation of cold to animal life. (300 to 350 words) 6th Grade The Horse: The difference between the work horse, the race horse, the fire horse and the saddle horse. (250 to 300 words) 5th Grade Nature habits and value to man of the toad, the frog and the common non-poisonous snake. (200 to 250 words) Stories of My Pets.

4th Grade (100 words)

993 essays were written and 65 prizes were awarded. Formerly the competition in each grade was between the pupils of all the schools and first and second cash prizes were awarded in each grade. Since 1910 a prize in the form of a book has been offered for every competing grade in each school. This has created a much wider interest among the school children of the city. The books given as prizes in 1914 were as follows: To the Fourth Grade " A Child's Garden of Verses," by R. L. Stevenson. To the Fifth " Natural History of the Garden," by W. P. Westell. To the Sixth " Bird Guide — Land Birds, etc., — East of the Rockies," by Reed. To the Seventh "A Child's Guide to Living Things," by E. T. Brewster. To the Eighth " The Stars and Their Stories," by Alice M. M. Griffith.

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Still another branch of the educational work, and one of the most vital features of the Rochester Society, is the Junior Department, or Children's Club.

Formerly this consisted of clubs or-

ganized in the various schools by children who had become interested through the lectures and essays.

Now, however, the So-

ciety has at its headquarters three large rooms set aside f o r the use of children, and the local district school clubs have been merged into a single organization.

Children may become junior

members of the Humane Society on the payment of ten cents, f o r which they receive a badge and certificate and are entitled to the use of the clubroom at Society headquarters. children gather here every

Saturday

S i x t y or seventy

afternoon.

They

play

games and read books and then come together f o r an informal talk by the superintendent, the telling of animal stories, and the relating of personal experiences on the part of the members. Occasionally refreshments are served.

T h e books of the library,

dealing with all phases of animal life, are in great demand. 25 books are drawn out each week.

About

In the course of a year the

club is attended by more than 600 children.

In 1 9 1 3 there were

added 428 new members, and in 1 9 1 4 the number of new members w a s 408.

T h e officers in charge feel that the time devoted to the

children's work has been a rich investment.

T h e interest of these

young members is not confined to the social attractions at the club.

They are constantly on the alert in the streets f o r cases

of cruelty and have done some valuable detective work.

They

have sent in many good complaints and they give their reports with surprising accuracy of detail.

It is reasonable to expect

that this educational work will bear fruit in the coming generation. T h e other field in which the Humane Society of Rochester has been especially active is that of humane legislation.

It has al-

w a y s been vigilant in opposing bad legislation and in pressing good legislation.

T h e difficulties of this task are well illustrated

by the experiences connected with the attempt to secure a law prohibiting the docking of horses' tails.

A bill to this effect

was introduced in the legislature in 1904, but failed to pass owing to strong opposition f r o m horse owners in New Y o r k City.

A

similar bill was introduced in every legislature up to 1910, with a like result.

T h e State Convention of Humane Societies held

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in Rochester in 1905 passed a resolution favoring such a law and some money was raised to pay for printing, traveling and other necessary expenses involved in working for its passage. In 1906 the bill passed the assembly by a large vote, but was defeated in the senate. In 1907 a fund of $600 was raised for furthering the interests of the bill, of which sum the Humane Society of Rochester subscribed $500. A bill was introduced in the assembly by a member from the Rochester district, but was never reported out of committee. In 1908 a bill was introduced at the instigation of the American S. P. C. A. of New York City, but this bill also died in committee. In 1909 the Humane Society of Rochester again became sponsor for the bill, and secured its introduction in both branches of the legislature. Hearings were held before committees of both houses, but without success. In the case of the assembly committee the Society's officers were notified that they could be heard on March 17 at 2 P. M. Without notice to the Society the hour was changed from 2 P. M. to 12 o'clock noon. It happened that two or three of the Rochester delegation were present in the Capitol and learned from the bulletin board of the changed hour. Others of the delegation were notified by telephone and reached the Capitol before the hearing was over. Several representatives of other societies who had expected to be present at 2 o'clock could not be reached in time and failed to appear. The hearing before the senate committee was very short and unsatisfactory. So the labor was lost. The American S. P. C. A. cooperated heartily in these endeavors, but it was not possible to arouse public sentiment sufficiently to force the hand of the legislature. The issue has not always been so unfortunate, but this is a fair sample of what the societies have to contend with. If the chairman of a committee of the legislature takes a position opposed to that of the humane society, it is only by extreme alertness and persistence that a proper hearing can be gained. The Humane Society of Rochester, among others, has been alert and persistent. In 1910 the Society interested itself in ten different bills in the legislature and took an active part in securing the passage of three and the defeat of three others. One of those passed was the bill making the poisoning of horses, mules or

34

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domestic cattle a felony instead of a misdemeanor. (Penal Law, sec. 190. Became effective September 1, 1910). During the present session of the legislature ( 1 9 1 5 ) the Rochester Society has appeared before committees to oppose the bill which seeks to extend the time limit of animals in transit from 24 to 36 hours. Letters have been written to members of the legislature and to other societies, trips have been made to Albany and arguments presented before legislative committees. A s a result of these efforts one such bill was defeated in committee. All of this involves considerable expense. The State Convention of Humane Societies has a committee on legislation, but no definite fund is provided for its work. Consequently the burden of labor and expense falls upon those who shoulder it voluntarily. Of this burden it appears that the Humane Society of Rochester has borne its full share. In the work of prosecution the Society has encountered a number of obstacles. A few years ago the judge of the police court was subjected to open criticism for imposing a small penalty for what was deemed a very serious offense. This incident did not tend to create a spirit of harmony and cooperation, such, for example, as was found in Buffalo. The records show, moreover, that for a long period the percentage of convictions has been lower than in other cities. A list of prosecutions and convictions during the past ten years is here given: Year. 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914

Totals

Prosecutions.

Convictions.

59 70 66 52 44 33 7 S® 45 52

Si 51 54 32 37 22 6 35 35 44

478

367

In ten years convictions have been secured in about 76 per cent of the cases prosecuted. The Society complains that the influence

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35

of politics, friends and sentiment has figured very largely in the failure to secure convictions. In one instance a judge of the court of appeals asked for mercy on behalf of his washerwoman. This is more likely to occur in the country districts, however, where local juries are often reluctant to convict their neighbors. In the city very few cases are tried by jury. Defendants prefer to take their chances before a judge rather than before a jury of strangers. The explanation of the above figures must then be found either in the attitude of the police justice or in the character of cases brought into court, or perhaps in both. The favorable opinion of press and public is evidence that the community does not feel that the Society is unduly officious or indiscriminate in its efforts to prevent cruelty. It may be that there is an honest difference of opinion between the courts and the Humane Society as to what constitutes cruelty under the statutes. If this is so, the discrepancy has certainly been most persistent, and it would seem that some effort should be made to bring these divergent views closer into line. Here is an opportunity for the press to do some useful work, whoever may be found to be at fault. Whether the courts favor the Society or not, the penalties imposed in cases of cruelty to animals are undeniably small. The 44 convictions in 1914 were disposed of as follows: Fined $5.00 Fined $10.00 Fined $15.00 Suspended sentences Total

24 12 3 5 44

The three $15.00 fines were outside the City of Rochester. Of the city cases, two-thirds of the fines were $5.00, one-third $10.00. This is in marked contrast to Buffalo, where half the fines are $25.00 or more; but it corresponds pretty closely to the record of New York City, where over two-thirds of the fines in cases of cruelty to animals are $5.00 or less. In the country, where the trial is almost invariably by jury, although convictions are if anything more difficult to secure than in the city, the fines are usually larger. Thus the three $15.00 fines above were in coun-

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try cases. It has been the custom of the Society in cases prosecuted outside the City of Rochester to remit to the court enough of the fine to pay the costs of the trial. For several years the annual fines received by the Society have been between $200 and $300. For a long time the Rochester Society has been trying to give more attention to the portions of Monroe county outside of the city, but it has been handicapped by lack of funds. It is well known that there is a great deal of cruelty in the country which goes unnoticed. The following story from the 1 9 1 1 Year Book is typical of the conditions which the Society has been trying to remedy: During the early part of March a report came to the office that one Nicholas Lauer, a farmer in the town of Greece, was starving his stock. Investigation was made immediately. We found that the defendant had undertaken to winter over four horses, eighteen cows and ten calves, without a sufficient supply of food. It was a case of slew starvation from December to March. Our agent found the stock wasted away and in such a weakened and exhausted condition that it seemed doubtful, even with the best of care, for them to survive, and one died in spite of all efforts. Prior to that time several calves, one horse and one or two cows had died and some had been purchased by neighbors and rescued from further suffering. There were still some twentyodd head of stock alive. Our first thought was for the suffering animals—proper food was immediately supplied- The party who held a mortgage thereon was informed as to their condition and they were immediately taken in charge by the mortgagee. The defendant called for a jury, stood trial, was convicted and sentenced to six months in prison. Because of the needs of his family the court paroled him during good behavior. We cannot leave this case, which was by far the most heartrending of any of the year, without calling attention to the fact that this suffering was going on to the knowledge of many, if not all, of the farming community surrounding the farm where this stock was being kept, and all through December, January and February this cruelty existed, yet not one of those immediate neighbors reported the conditions to the society, when a telephone call, a letter, a word to our agent or to the office, would have brought help to those suffering creatures, saved the lives of several and prevented so much suffering through the long cold

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days and nights of January and February. Strange as it may seem, this tendency to leave to some-one else to go to the rescue of the abused animal is especially true in the country. Special attention has been given to the canal, where cruelty used to be so common. It was discovered that animals which were in bad condition were placed in the boats while passing Rochester and were taken out and put upon the path in the country. This practice was checked by stationing agents on the towpath at some distance outside the city line. The most effective work in the rural districts of the country has been accomplished through the establishment of branches, or humane committees, at Brockport and at Pittsford. The agents in these towns have succeeded in stirring up local sentiment against the mistreatment of animals and they have been able to carry on a pretty successful campaign. In 1914 there were 54 cases of cruelty reported outside of Rochester, although most of them were adjusted without resorting to prosecution. The formation of branches in the outlying towns should be pushed as rapidly as possible. Cruelty in the country cannot be satisfactorily dealt with until each locality has developed enough interest to help maintain some kind of humane organization. Under a contract with the city the Humane Society of Rochester operates the public pound, in return for which it receives all license fees paid to the city clerk for the registering of dogs. In connection with the pound the Society maintains an animal shelter and ambulance service. The Society has also undertaken the enforcement of the muzzling ordinance. Although opposed to muzzling dogs, the officers of the Society feel that since it must be done it should be done by those who are particularly solicitous for the animals' welfare and who will see that it is done humanely. The treasurer's report for 1914 is as follows: G E N E R A L S U M M A R Y OF I N C O M E A N D C U R R E N T E X P E N S E S FOR T H E Y E A R

1914.

Receipts. Balance in hand J a n u a r y 1, 1914

$1,583.84

Cash on hand Receipts f r o m all sources

35.00 14,592.29 $16,211.13

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Disbursements. Running expenses Resources January 1, 1915

$14,239.12 1,972.01

$16^211.13 REPORT OF TREASURER OF P E R M A N E N T F U N D FOR T H E Y E A K

1914.

Receipts. Balance in bank January 1, 1914 Interest on bank account M o r t g a g e on city property

$3,166.94 22.04 2,200.00 $5,388.98

Disbursements. T r a n s f e r r e d to checking account Resources January 1, 1915

$3,066.94 2,322.04

$5,388.98 CENTRAL N E W YORK SOCIETY FOR T H E PREVENTION OF CRUELTY TO A N I M A L S

T h e purpose of this review is merely to indicate the various kinds of work done by humane societies in New Y o r k

State,

without any attempt to describe in detail the work done by each society.

Inasmuch as there are no prominent features in the

situation in Syracuse which serve to differentiate it materially from that already described, it will not be necessary to dwell at length upon the work in that city. T h e Central N. Y . S. P. C. A . was incorporated in 1890.

As

in Buffalo and Rochester the canal was f o r many years the scene of its greatest labors.

A s conditions on the canal have improved

it has been possible f o r the Society to devote more attention to the general welfare of animals in the city.

This activity is

represented in part by the prosecution of violations, but chiefly by the animal shelter and hospital.

A new annex, erected in

1913, provides a place where infected animals may be cared for apart from the others. large and small animals.

Ambulance service is furnished f o r both In these respects the Central N . Y . S.

P. C. A . is as well equipped as any society in the state outside of N e w Y o r k City. T h e Syracuse Society, like the Rochester Society, has a contract with the city for the impounding of unlicensed dogs.

In 1914

the Society voluntarily undertook the enforcement of the quaran-

THE WORK OUTSIDE NEW YORK CITY

39

tine for rabies proclaimed by the public authorities. The whole expense was borne by the Society. The only demand made upon the city was for one police officer upon each wagon used in the work. This service of the Syracuse Society, and the part played by the Humane Society of Rochester in enforcing the muzzling ordinance, illustrate the general effort being made by humane societies today to secure a humane enforcement of police regulations which in careless hands might easily cause animals much unnecessary discomfort. The officers of the Society feel that the police court has not always looked upon their work with favor, and that some really serious cases have been unwarrantably discharged without trial. A s a consequence they say that many cases which merit prosecution are dealt with otherwise in order to avoid the bad moral effect of a possible discharge by the police justice. However that may be, the cases actually brought into court are apparently well selected. The records of the Society show 71 prosecutions with only 2 acquittals in 1913, and 46 prosecutions with only 2 acquittals in 1914. The disposition of cases in 1 9 1 4 was as follows: Arrests Discharged without trial Pleaded guilty Tried on plea of not guilty (with jury) Convicted Acquitted on trial Number of cases fined Prison sentence Suspended sentence Total amount of fines

46 1 43 2 44 I 26 1 17 $185.00

There were no available records to show the amount of individual fines, but the above figures show the average fine to have been a trifle over $7.00. This is comparatively low. It has been suggested that the court habitually imposes a light fine because it goes to the humane society, but this is not capable of demonstration. A t the office of the police court there is no apparent disposition to criticise or belittle the work of the Society; and although there may be occasional disagreements, it does not

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appear that the Society has any serious grievance against the courts. The Syracuse Society does not carry on any educational propaganda. The president in the latest annual report says: " W e can accomplish much for the animal kingdom as well as mankind, by giving our special attention to humane education, in teaching the young and mature in life to be kind to the dumb animals." But the Society has not undertaken to introduce humane education into the schools. The officers have more faith in practical work in the field as an educational influence than in any attempt to instruct either by theory or by pictorial illustration. Very little money is spent in the dissemination of literature. Even the annual report is limited to a brief four-page leaflet. The following list of rules, printed in the annual report for 1914, represents the extent of their didactic efforts: Driver's and Stable Rules 1. Load lightly and drive slowly. 2. Start at a walk, and let your horses work very easily for the first half hour. 3. A heavy draft horse should never be driven faster than a walk, with or without a load. 4. Give a bran mash Saturday night or Sunday noon; and on Wednesday night also, if work is slack. A f t e r a long day in very cold or wet weather, a hot mash, half bran and half oats with a tablespoonful of ginger, will do a horse good. Put very little salt, if any, in the mash. 5. In order to do well, the horse must be kept warm. Give him a blanket on cold nights in late summer or fall, and an extra blanket on extra cold nights in winter. 6. When the horse comes in wet with rain, first scrape him, then blanket him, and rub his head, neck, loins and legs. If the weather is cold put on an extra blanket in twenty minutes, change the wet blanket when the horse dries. Do not wash the legs; rub them dry, or bandage them loosely with thick bandages. It is far more important to have the legs dry than clean. 7. T o prevent scratches, dry the horse's fetlocks and heels when he comes in, especially in winter; and rub on a little glycerine or vaseline before he goes out in snow or mud. 8. Let the horse have a chance to roll as often as possible; it will rest and refresh him. Give him a little clean earth or a

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piece of sod to eat now and then; he craves it and it is good for his stomach and blood. 9. Blanket your horse carefully when he stands, especially if he is at all hot. Repeated slight chills stiffen and age a horse before his time. 10. Don't let your horses stand facing the wind. Always stand them with their back to it. 11. Keep horses sharp and well shod, as it saves them from a good many injuries. Practically the same difficulties are encountered in work in the country as have been described in connection with the Humane Society of Rochester in Monroe county. Onondaga county simply furnishes another illustration of the need for a more thorough organization of the work in rural communities. The report of the treasurer of the Central N. Y . S. P. C. A. for 1914 is as follows: Debits. Balance January, 1914 Subscriptions and memberships Dog licenses Fines Income from shelter Other sources

$238.77 953-00 3,638.25 185.00 904.80 4,405.51 $10,325.33

Credits. Salaries Shelter expenses Miscellaneous Cash on hand

$5,416.52 1,770.30 1.534-49 1,604.12 $10,325-33

THE MOHAWK AND HUDSON RIVER HUMANE SOCIETY

There are two features which distinguish the society at Albany from any of those heretofore mentioned. The Mohawk and Hudson River Humane Society combines work for both children and animals; and its jurisdiction extends, through branch organizations, over fourteen neighboring counties, in addition to the two counties comprising the Central Department. It was originally incorporated as a children's society in 1887. The

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animal society was incorporated separately in 1892, and the two were consolidated in 1894. Our attention will be confined to the animal department, except in so far as incidental reference to the children's department may become necessary. The Society, for both children's work and animal work, is organized into nine departments. The Central Department, the parent organization, includes the counties of Albany and Rensselaer, in which there are five cities, Albany, Troy, Rensselaer, Cohoes and Watervliet. The main office of this Department, and of the whole Society, is at Albany. Branch offices of the Central Department are maintained at Troy, Cohoes and Watervliet. The other departments, named after the respective counties, are as follows: Schenectady County Department, at Schenectady; Columbia County Department, at Hudson; Saratoga County Department, at Saratoga Springs; Warren County Department (including Warren and Washington Counties), at Glens Falls; Clinton County Department, at Plattsburgh; Fulton County Department, at Gloversville ; Schoharie County Department, at Cobleskill; Greene County Department, at Catskill. There is also a branch at Hoosick Falls in Rensselaer county. At each of these places the Society has an office, with either regular or volunteer agents in charge. Each department has a local board of managers appointed by the board of directors of the main organization. All of the work is under the supervision and control of the central office at Albany. In addition to the counties already enumerated the Society operates either through the visits of regular agents or through resident volunteer agents in the counties of Essex, Franklin, St. Lawrence, Herkimer and Hamilton. In other words the activities of the Mohawk and Hudson River Humane Society cover the entire eastern part of the state north of Dutchess and Ulster counties up to the Canadian border— over one-third of the total area of the state. This territory embraces 14 cities and a total population, rural and urban, of about 950,000. (census of 1 9 1 0 ) , or about one-tenth of the total popu-

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lation of the state. It is obvious that in a region where settlements are relatively so scattered it is next to impossible to maintain an adequate supervision over all the nooks and corners. It is equally certain that without the influence of some strongly centralized organization, like the Mohawk and Hudson River Humane Society, there are many places where humane work would scarcely ever be thought of. Right here the Albany Society has done some of its most valuable service. Even though it can not keep all of its territory constantly under its eye, it has penetrated into the remote sections often enough to bring to people's minds the idea of being considerate of animals, and by this occasional " extension teaching " has lifted public sentiment in many a village to a little higher level. If this sentiment could be brought to a sufficient elevation, special agents in rural communities would be entirely superfluous; for the efficiency of a strong neighborhood opinion is in exact proportion to the directness with which it can be applied. No man courts the ill will of his neighbors, and ostracism in a country village is bitter medicine. The officers of the Mohawk and Hudson River Humane Society hope that if they can keep circulating humane notions throughout this scattered population the whole may at last become leavened. The chief obstacle is lack of money. So the rapidity with which they approach their ideal depends largely upon the generosity of the public. Both the children's work and the animal work are carried on by the same set of officers and agents. At the present time the Society is able to support at the most only four or five field workers in the Central Department. These are scarcely enough to look after both branches of the work in the five cities and the country districts of the two counties. The Society realizes this short-coming, but has been prevented by financial deficiencies from making any further expenditures in this direction. The ultimate expectation is to put a larger number of agents in the field, equipped with motor cycles, so that they can maintain an effective patrol throughout the whole department. It is inevitable that the work for children should predominate somewhat over that for animals. The former requires closer application and more constant following up. Besides, its human

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appeal is more compelling. F o r this reason the Mohawk and Hudson R i v e r Humane Society has been criticised f o r attempting to do both, lest the animals be slighted. N o one else, however, was devoting proper attention to the needs of animals in this region, and the officers of the Albany Society felt that the work might better be done by them, even inadequately, than not at all. And if it is difficult to raise funds equal to the demands of a single consolidated organization, it could hardly be expected that proper support could be secured f o r two separate societies with the increased overhead charges incident to a dual organization. If the day ever comes when money f o r humane purposes may be had f o r the asking, wise policy may perhaps dictate a division of forces and a specialization of effort. F o r the present there is no reason to doubt that the Mohawk and Hudson R i v e r Humane Society is doing its best in behalf of animals. One weakness in the situation in the Central Department has been the rather wide distribution of centres of activity, and the inability to provide a complete equipment f o r the work in each city. The local animal shelters were not altogether satisfactory. A great improvement was brought about in 1 9 1 3 through the purchase of a farm on the west bank of the Hudson R i v e r about half way between Troy and Albany. A t this point the animal work of the Central Department is now concentrated. A new kennel building has been constructed at the f a r m and is already in operation. It is 60 feet long by 32 feet wide and a story and a half in height. It is solidly built of tile and cement and meets every requirement of utility and sanitation. There are accommodations f o r at least 1 5 0 dogs, with a special compartment set aside f o r cats. There is also a small office room, a room f o r the preparation of food, and another room f o r the installation of electric killing cages f o r the humane destruction of small animals. On the second floor there is ample space f o r storage purposes and also f o r a number of cages where dogs under quarantine may be kept in isolation. In this building the Society can now carry on the kennel work f o r the four cities of Albany, T r o y , Cohoes and Watervliet. Pursuant to the statutes relating to the licensing of dogs in second and third class cities (see Appendix I I I ) the Mohawk and Hudson R i v e r Humane

THE WORK OUTSIDE NEW YORK CITY

45

Society has entered into contracts with the cities in its jurisdiction, by the terms of which it receives the license fees in return f o r the maintenance of animal shelters. The farm, which consists of 25 acres, is also to be used as a home of rest f o r horses. The buildings standing at the time of the purchase have been renovated, and there are now four box stalls available for horse boarders, besides the five straight stalls reserved for the horses of the Society. There is still need f o r a large, modern barn adapted to the proper care and treatment of horses, and f o r a large ambulance with which to meet calls from the cities. The Society and the communities which it serves are all to be congratulated upon the acquisition and equipment of this farm. It is a most promising step in advance and augurs well for the animal work in the Albany district. Prosecutions by the Mohawk and Hudson River Humane Society are not numerous. This is in part due to the inadequacy of its force of workers. A more complete explanation, however, is to be found in the fixed policy of the Society to make arrests only in the most urgent cases. In most cases a word of warning or instruction or the rendering of direct relief is made to answer the purpose. The relatively small number of prosecutions is illustrated by the following statistics, taken from the condensed report for 1914, covering the entire jurisdiction of the Society: Number of complaints received Complaints sustained Action undesirable Advised and warned Prosecutions Convictions Sentences suspended Warned by court Acquitted Pending settlement Total amount of fines Total amount of prison sentences

4.594 4,202 111 1,513 42 36 21 19 3 3 $198.00 1 month, 25 days.

The relative number of complaints arising in the various departments was as follows:

4

PREVENTION

6

OF CRUELTY

TO

ANIMALS

Central Department 2,639 Schenectady County Department 613 Columbia County Department 113 Saratoga County Department 109 Warren County Department (Warren and Washington Counties) 8 Clinton County Department 676 Fulton County Department 418 Schoharie County Department 6 Greene County Department 12 Total

4,594

During the year the agents of the Society made a total of 4,572 inspections, including the examination of 3,084 horses on the streets and visits to dumping grounds, freight yards, wharves, excavations and building operations, poultry markets and sales stables.

T h e total number of animals involved in the complaints

investigated was 9,808. The complete annual report for 1914 was not ready at the time of writing; but the following table compiled from the report for 1913 shows the distribution of prosecutions among the several

Convictions.

All departments, including Central Department

73

39

19

>4

5

m.

10

d.

$203.00

Schenectady County

2!

7

6

14

3

m.

JO

d.

10.00

Clinton County

9

6

4

—

-

Sd-

25.00

Fulton County

5

4

2

—

—

—

25.00

Columbia County

4

I

—

—

—

5.00

Fines.

Prison Sentence.

Prosecutions.

Suspended Sentence. Discharged or Acquitted.

|

departments and the disposition of cases:

There were no prosecutions in the other departments.

Com-

plaints were received, however, from all the outlying departments except Warren county, ranging from 11 in Greene county to 613 in Clinton county.

It appears from the above figures that in

THE WORK OUTSIDE NEW YORK CITY

47

the Central Department, with a population of about 300,000 there were only 34 prosecutions and 21 convictions during the year. The small total of 42 prosecutions in the entire jurisdiction for 1914 does not necessarily indicate a falling-off in the Society's activity, for the total number of complaints investigated in 1914 was 4,594, as against 4,058 in 1913. The only fair conclusion, frankly admitted by the officers of the Society, is that their resources are not equal to their opportunities. This is epitomized in the words printed at the bottom of nearly every page in the annual report—" Wanted: An endowment to safeguard the future of the work." It should not be supposed that this situation is peculiar to the Albany Society. The same cry is raised in every county of the state; but the largeness of the task undertaken by the Mohawk and Hudson River Humane Society makes its immediate need appear the greater. The financial condition of the Central Department is indicated by the following figures taken from the treasurer's report for 1914: Regular Department.

Receipts.

To cash on hand Regular memberships $93-00 Sustaining memberships 495-00 Donations 2,913.60 Fines 55.00 Columbia County Department for services of an officer. 280.01 Lawyers' Mortgage Co., interest 213.74 Mortgage Bond Co., interest 11.26 Mechanics' and Farmers' Savings Bank, interest 17.55 Northern Pacific and Great Northern coupons 120.00 Lake Shore and Michigan Southern coupons 120.00 Sundries 35.93

$662.02

$4.35509

Albany Building. Total receipts

6,981.95

Troy Building. Total receipts Total receipts, all sources

5.101.35 $17,10041

48

PREVENTION

OF CRUELTY

TO

ANIMALS

Disbursements Regular Department. Salaries and expenses $5,769.75 Stationery and printing 245.50 Supplies 49-92 Telephone 48.20 Office expenses 338.84 Interest on notes 115.52 Contribution N. Y. State Convention S. P. C. C. & A. . . 10.00 Contribution American Humane Association 10.00 Demand loans 1,000.00 Sundries 18.00 $7,606.33 Albany

Building.

Total disbursements

5,760.83

Troy Building. Total disbursements

3,144.43

To cash on hand December 31, 1914 Total disbursements, all sources

588.82 $17,100.41

The. kennel accounts, covering the work in connection with the Humane Society Farm are kept separately.

Receipts for 1 9 1 4

were as follows: Receipts. Cash on hand January 1, 1914, in Kennel Department Received from City of Albany Received from rentals, Albany Received from City of Troy Received from City of Cohoes Received from City of Watervliet Received from F. Gilbert, contribution Received from M. Bell, contribution Received from Mrs. Chapman, contribution Received from Mrs. Clark, contribution Received from Mrs. Sill, contribution Total

$243.43 3,224.81 300.00 2,912.00 417.65 277.00 1.00 .50 .50 3.00 2.00 $7,381.89

Disbursements amounted to $7,217.61, leaving a balance of cash in hand. $164.28. T h e present endowment of the Society is classified as follows: Endowment fund for general account Endowment fund for Troy building Total endowment

$11,171.65 31,119.42 $42,291.07

III.

CONCLUSIONS

The preceding sketch does not profess to be an exhaustive account of the work of any one of the societies described. That it by no means represents the extent of efforts for the protection of animals throughout the state can be readily seen from a glance at the list of societies in Appendix I. Its object, as already stated, is merely to indicate the kind of work done for the prevention of cruelty to animals in New York State and to point out the problems with which the whole situation is involved. The organizations chosen for a somewhat detailed consideration illustrate the various phases of the work sufficiently to form an adequate basis for discussion. It is clear that certain features are common to them all, while others are peculiar to the respective localities. No attempt will be made here to solve the problems of any one society. The hope is rather to draw some conclusions which may have a general application. First comes the question of the proper sphere of activity for these societies. This is so closely linked to the question of the proper disposition of fines that the two can be best dealt with together. Should humane societies perform police duty, and should they receive fines in payment therefor? Since the contention on these points has been most acute in New York City we shall first address ourselves to the aspects of the problem there presented. The right to receive fines for prosecutions in New York City is a practically exclusive right enjoyed by only two societies. It is exclusive because under the existing law no additional society with such powers can be incorporated in New York City, and no existing corporation can be given such powers without an act of the legislature which, to that extent, repeals the present legal restriction. Its exclusive character, however, would not seem to be the main point of attack. Abolition, not extention of the practice, is the goal. Its opponents urge not only that it is not a legal right, but that it is not even a privilege which can be constitutionally granted to any corpor-

5Q

PREVENTION

ation.

OF CRUELTY

TO

ANIMALS

That the courts would declare it unconstitutional seems

doubtful; and, at any rate, until they do, it is purely a question of legislative policy.

Granting, then, that it is constitutional

f o r the state or the city to pay to an incorporated society fines collected as a result of the society's efforts in enforcing the penal laws, what are the merits of the case in N e w Y o r k C i t y ? Inasmuch as the theory of the system is that the public is thus paying the society f o r rendering a public service, it should first be determined whether it is necessary and proper to delegate to a private corporation the duty of

rendering such service.

A t first blush, it would seem as if N e w Y o r k ' s 10,000 policemen ought to handle this matter without assistance just as easily and effectively as they handle other f o r m s of misdemeanor.

But

it must be remembered that many violations of anti-cruelty laws do not occur upon the streets, and that many forms of cruelty which horses suffer upon the streets can be detected only by a trained eye or upon close examination.

In short, the proper en-

forcement of laws f o r the prevention of cruelty to animals demands a body of men who give their whole time to this one thing. S o if it is to be done by the regular police force, it would have to be through the creation of

a special squad.

This

would

necessitate an addition to the force, so it would not be of any economic advantage. done.

In any case the city must hire the work

It might well be a good investment f o r the city to provide

such a special squad of policemen: the more prevention that is provided, the better.

But that is not to say that the special police

power at present vested in the agents of humane societies should be taken from them. work anyway.

It does not affect the character of their

Their object is to prevent cruelty to animals,

and they may interfere with and arrest a person found committing a cruel act.

A n y private citizen may do the same.

The

only difference is that to resist a special agent is to resist an officer, a punishable offense. however, considerable.

T h e protection thus afforded is,

T o rob them of it would be to s a y : " Go

on and do your work, but you must take your chances." effectiveness would be quickly diminished.

Their

Certainly if there is

need f o r special agents to help in stamping out cruelty to animals, they should enjoy the power of peace officers.

CONCLUSIONS

51

The need f o r such assistance has been recognized by the laws of this state f o r a good many years, and the need is no less today. This is no reflection on the police force.

Probably the police of

this city have been as little prone to assume the attitude of laissez-faire alluded to at the beginning of this paper as is humanly possible.

Indeed both the magistrates and the societies

testify that the police have done excellent service.

But not

even a special "animal squad" could be expected to fill the place of agents working under the direct supervision of an organization whose whole energy and interest are devoted to the protection of animals.

Association with such a body is sure to produce a dis-

tinct psychological reaction—an intensity of interest and application not otherwise attainable.

T h e agents are the specialists who

are needed continually on the field, even though they be supplemented by a squad f r o m the city's police force. All of these considerations apply with equal force to the other cities in the state, and perhaps with even greater force to the rural communities.

Public authorities in all the municipalities

are

practically unanimous in pronouncing the cooperation of humane societies indispensable to a proper enforcement of anti-cruelty laws.

It was seen particularly in the case of B u f f a l o how quickly

the police responded to the increased activity of the society in 1914.

Enough has been said in connection with the up-state work

to prove that the chronic inertia of

country districts could

scarcely be overcome without the stimulus of some outside force. Village constables are not as a rule ardent humanitarians.

It is

in fact difficult to see how cruelty to animals can be effectively prevented in the city or in the country unless the societies, through their agents, participate immediately in the arrest and prosecution of offenders. This brings us to the second question.

If it is necessary and

proper to delegate these public duties to private societies, should the city pay the societies f o r their services? should the compensation take? debate the first of these queries.

If so, what f o r m

It hardly seems necessary to Taxpayers do not as a rule

object to paying a reasonable price f o r value received; and the proposition that the society which incurs expense to serve the public should be reimbursed therefor is essentially fair. how should it be done ?

But

This is the crux of the whole situation.

52

PREVENTION

OF CRUELTY

TO

ANIMALS

T h e system of allowing fines to accrue to the society which prosecutes violations has had a pretty general vogue.

That it is

liable to abuse is unquestionable, and that it has been abused in many places is unquestioned.

T h e charge is made by certain

horse owners that the agents of these societies in N e w Y o r k City make a practice of arresting without cause and inducing pleas of guilty f o r the sake of getting fines. It is also alleged that in one society at least an agent's fines must exceed his salary if he would hold his position.

It is admitted that there have been instances

of g r a f t i n g agents: but these sweeping indictments of the societies' policy are strenuously denied.

A s a matter of fact, it is

difficult to discover evidences of any general or extended abuse of the system in N e w Y o r k City. One indication of abuse would be a large number of unnecessary arrests.

Inasmuch as the magistrate under the present judi-

cial procedure is the judge as to the necessity of an arrest in a given case, the number of prisoners discharged by the magistrates would be a f a i r index of the number of unnecessary arrests.

In

1 9 1 3 the total arraignments before magistrates' courts in Manhattan and the B r o n x on the charge of cruelty to animals numbered 3,548.

T h e number discharged w a s 245, or 7 per cent.

T h e number convicted or held f o r trial w a s 3,303, or 93 per cent. Furthermore, the percentage of discharges in the cases of cruelty to animals was, with one exception, lower than that in any other class of cases over which magistrates have summary jurisdiction. T h e one exception was in cases of speeding, of which only 4 per cent were discharged.

(Annual Report, Board of City Magis-

trates, First Division, 1 9 1 3 , page 1 0 0 ) .

That convictions have

been secured in over 90 per cent of the cases is borne out by the statistics of the A . S . P. C. A . and of the Humane Society of New Y o r k given above.

T h e following table shows that 1 0 years

ago the percentage of convictions was considerably lower than it is n o w ; but the total number of arrests was insignificant as compared with that of today.

CONCLUSIONS

53

( A N N U A L REPORT, BOARD OF C I T Y MAGISTRATES,

FIRST DIVISION,

1913,

PAGE 8 9 . )

1904 1905 1906 1907 1908 1909 1910 1911 1912 1913

Year.

Arraigned. 308 390 527 876 1,829 3.285 2,821 4,052 4,943 3,548

Convicted or Held for Trial. 220 288 420 715 1,558 2,683 2,478 3.594 4,173 3,303

The magistrates themselves say that the agents of the societies are doing good work and that they are more apt to understate than to overstate a case in court.

O f course the magistrate is

not content with the mere allegations of the complainant, nor even with a plea of guilty on the part of the accused.

In order to

determine what the sentence should be he often has the horse brought so that it may be examined either by himself or if necessary by a veterinarian. A comparison of the number of arrests made by the two societies in recent years shows that the Humane Society with about half as many agents has made nearly fifty per cent more arrests than the American S . P. C. A.

Here are the

figures:

N U M B E R OF A R R E S T S .

Year.

A. S. P. C. A. 1,904 2,159 2,463 2,287

1910 19x1 1912 1913 Totals

8,813

Humane Society. 1,592 3,554 3,653 3,39i 12,190

It perhaps would not be correct to explain the greater activity of the Humane Society in this respect by the fact that it is supported almost entirely by its fines. It is the theory of the Humane Society that cruelty to animals can be most effectively dealt with by arrests and

fines.

T h a t its agents are over zealous to the

extent of making many causeless arrests does not appear from the record.

T h e society reports only sixty-eight cases discharged

54

PREVENTION

OF CRUELTY

TO

ANIMALS

by magistrates in 1913. It doubtless is true, however, that in some cases the agents of the Humane Society make arrests where the agents of the American S. P. C. A. would use other methods. The above tables also reveal the fact that after the Humane Society received its extension of power in 1906 the number of arrests for cruelty to animals increased rapidly up to 1912. Since then it has fallen off, and this year it has taken a considerable drop. Complete statistics are not available, but the American S. P. C. A. reports only 1,696 arrests by its agents in 1914. This is ascribed to the fact that there has been a marked decrease in the number of horses in daily use because of the growing popularity of motor vehicles and more particularly on account of limited activity in the building and kindred trades and the curtailment of business at the steamship piers. The conclusion on this point is that while the fine may be an additional incentive to make arrests, and while the number of arrests made may bear some relation to the degree of the society's dependence upon fines as a source of revenue, the arrests actually made in this city are not such as to constitute an abuse of privilege. Another question which suggests itself is whether the magistrates are influenced, consciously or unconsciously, to impose fines rather than prison sentences by the consideration that the prosecuting society will be the beneficiary. The disposition of offenders against the anti-cruelty laws in 1913 was as follows:

Total Co

•0 V 0 •5 c

ha O Suspended Sentence. 'S CI J3 (S -o 0 B5 Per cent. Ô Total. Per cent. Total. Per cent. Total. Per cent. Total. Fined.

3.303 3.225

97.6

Workhouse.

3

.1

Probation.

2

.1

72

2.2

I

The fine is the prevailing form of punishment. The total percentage of fines imposed by magistrates for all offenses in the same year was 81.8, while in three of the eight specified classes of misdemeanors the percentage of fines was equal to or greater

55

CONCLUSIONS

than that for cruelty to animals. The highest was 98.2 per cent in cases of peddling without a license; the lowest was 60 per cent in cases of intoxication. From these figures it could scarcely be deduced that the status of the complainant has any bearing upon the nature of the sentence imposed. It is of course a matter to be decided in each separate case whether in view of all the circumstances a fine or imprisonment will be the more effective and reasonable punishment. For example, the condition of the family dependent upon the daily earnings of the offender is not a wholly negligible quantity. But some of the magistrates agree that the number of prison sentences might well be increased, especially in cases where it is ascertained that the owner and employer, rather than the driver, is responsible f o r the violation. The following table shows the amount of fines imposed in 1 9 1 3 : Over $10.00.

£

£

g 0 h* V 0.

3.«5

90

2.8

$1? •a. S

73

$10.00. c u k.

•a H

£

75'

33.2

$5.00.

"5 a

$3.00. a a

&

1,822 S6.S

-a H 419

$2.00. a u

c u ha

•a

'3

116 36

£

$1.00.

•a

e u V

a

ft.

*7

.8

Of the three workhouse sentences imposed in 1 9 1 3 , one was f o r five days or less, and two f o r five to ten days. (Annual Report Board of Magistrates, First Division, 1913, pages 104, and 105.) Thus more than half the fines are $5.00 and only one-fourth are $10.00 or more. It is obvious that magistrates are not in the habit of imposing excessive fines f o r the sake of enriching the societies. Buffalo is the only other city in New Y o r k State where fines have formed any considerable portion of the society's income. It will be recalled that fines imposed f o r cruelty to animals are heavier in Buffalo than in any other city of the state. It is the regular policy of the police court in Buffalo to impose fines rather than prison sentences whenever the offense will admit, and, if the

56

PREVENTION

OF CRUELTY

TO

ANIMALS

offense is serious, to make the fine heavy enough to act as a deterrent reminder in the future. T h e probation system and the payment of fines on the installment plan are worked in conjunction f o r all kinds of misdemeanors. In 1 9 1 3 there were 4,240 fines imposed f o r all offenses, of which 2,188, or more than half, were $10.00 or over. A f t e r talking with the justices of the City Court of Buffalo one could not doubt that the practice of imposing generous fines is the result of a firm conviction that this is the most appropriate punishment and the surest preventive f o r many kinds of misdemeanors, of which cruelty to animals is one. It should be stated that the chief magistrate in N e w Y o r k City personally agrees with the B u f f a l o judges in their attitude towards the large fine, although it has been seen that in practice most magistrates in New Y o r k City impose rather light fines. This is partly to be explained by the fact that proportionally more arrests are made in N e w Y o r k than elsewhere. F o r 1 9 1 4 the American S. P. C. A . reports 9,876 complaints of cruelty and 1,696 prosecutions, while the Humane Society of New Y o r k reports no complaints in addition to its prosecutions. This is in striking contrast to the records of up-state societies, which are as f o l l o w s : Complaints. Buffalo Rochester Syracuse Albany Totals

Prosecutions.

4,022 998 1,009 4,594

128 52 46 42

10,623

268

S o in New Y o r k City, taking only the figures of the American S. P. C. A . as a basis, 1 7 per cent of the complaints were prosecuted, whereas in the up-state cities, the percentage was 2.5.

This

means that arrests are made in the metropolis in cases which are handled without legal proceedings in the smaller cities. less serious offenses it is natural to impose lighter

F o r these fines.

It is

true, however, that in all the other cities except B u f f a l o the fines are habitually small, even though the cases reserved f o r judicial determination are sparingly chosen.

In some places this seems

to be merely a matter of custom—perhaps because in certain

CONCLUSIONS

57

communities acts of cruelty have not been generally considered so serious as in other communities.

Again it has been suggested

that some judges hesitate to impose large fines either because they do not approve of giving them to the society or because they do not wish to appear to be showing the society undue f a v o r . Whether this be a true explanation of the psychological processes of judicial minds, it is perhaps vain to inquire.

A t any rate the

fact remains that fines everywhere are too often much lighter than the offence deserves.

It is also indisputable that humane

societies expose themselves to a certain amount of criticism by being made the beneficiaries of the state's penal system.

S o the

question still remains whether, all things considered, the desired ends can best be attained by compensating the societies through the payment of fines. In California f o r a number of years the fines were given to the societies, as is now done in New Y o r k .

It was found, how-

ever, that spurious societies were springing up over night like mushrooms, organized ostensibly f o r humane purposes, but in reality f r o m purely mercenary motives.

The winning of

fines

could be made a profitable business.

In order to abate this

nuisance the law was changed in 1 9 1 3 .

(Cal. L . 1 9 1 3 , ch. 3 2 5 ) .

Under the present law humane societies no longer acquire the fines, but in lieu thereof an S . P. C. A . in any city, county, o r city and county, may receive from the public funds not over $500 in any one month f o r its service in helping to administer the law. This scheme has certain commendable features.

Humane work

is no longer attractive as a strictly commercial enterprise, f o r the income to be derived therefrom is too uncertain.

The stipend

of the society depends absolutely upon the valuation put upon its services by

the appropriating body of

the

municipality.

Furthermore, the magistrate is relieved from the possibility of having his judgments misconstrued.

There is no immediate con-

nection between the character of the penalty and the profit of the society.

Whether the sentence be imprisonment or fine, and

whether the fine be large or small, makes no difference; the society does its work, and a f t e r it is all done the city or county determines how much it is worth.

There is, however, at least

one serious weakness in this plan.

E v e r y humane society needs

S8

PREVENTION

OF CRUELTY

TO

ANIMALS

all the money it can get in order to pay its necessary running expenses.

If it is made dependent upon the whims of a local legis-

lature f o r any portion of its income it is only natural that it should exert some kind of pressure to make the appropriation as large as possible.

This means a political scramble, with

bickering and lobbying and all their attendant evils.

A s a matter

of fact, since the new law went into effect in California in 1 9 1 3 the public authorities generally have made it a practice not to reimburse the societies f o r this kind of work.

T h e object of the

law, to check the operation of questionable organizations, has thereby been accomplished.

But at the same time many small

societies throughout the state, which were doing good work but which depended upon fines as their chief source of revenue, have been compelled to suspend activities f o r lack of funds.

T h e an-

nual reports of the S a n Francisco S . P . C. A . show that in 1 9 1 3 , when the fines w e r e still collected by the Society, the number of prosecutions was 148, and the amount of fines was $ 1 , 3 7 0 ; while in 1 9 1 4 , a f t e r the new law went into effect, the number of prosecutions w a s h i , and the amount of fines only $780.

T h e re-

ceipts of the Society f o r 1 9 1 3 and 1 9 1 4 , aside f r o m interest on investments and bank deposits, were $20,452.35 and $18,570.63 respectively.

Assuming that the work f o r the two years was

conducted on exactly the same basis it appears that the Society in 1 9 1 4 was $ 7 8 0 short of what would have been its normal income under the old law.

A comparison of statistics, however,

almost leads to the conclusion that the Society was induced somewhat to relax its efforts in active prosecutions a f t e r this source of revenue was destroyed.

H e r e are the

Cases reported and investigated Cases prosecuted Convictions

figures: 1913 8,709 148 H3

1914 9.105 hi 69

T h e fact that the number of cases handled in 1 9 1 4 was larger than in the preceding years while the number of prosecutions was smaller, coupled with the marked drop in the percentage of convictions, rather indicates that more cases are now disposed of without prosecutions and that less time and energy are devoted

CONCLUSIONS to court work.

59

It would not be f a i r to attribute this entirely to

the change in the l a w ; but the coincidence of these facts and of the discontinuance of many small societies with the inauguration of the new scheme is certainly not without significance. T h e fault of the California plan, then, is that either the society must cajole the local legislature into granting appropriations, or the work must suffer.

There can be no doubt that a proper en-

forcement of the anti-cruelty laws requires the help of humane societies.

It is almost axiomatic to say that they should be paid

f o r this work.

They not only deserve it as compensation, but

they need it in order to pay the expenses thereby incurred.

To

leave the question of payment and the determination of its amount entirely within the discretion of local authorities, however, exposes the society unnecessarily to the vicissitudes of fortune and the vagaries of partisan legislatures.

political

A society might

be encouraged through a liberal appropriation one year to plan an extension of its work f o r the next year, only to find this portion of its revenue greatly reduced or entirely cut off.

In order to

insure the fullest effectiveness and a proper independence the society should be able to figure upon this element of income with a certain degree of definiteness.

It would seem that this could

be secured, along with the good features of the California plan, by a law which would require the local governmental agencies to pay to humane societies on demand an amount equal to a certain sum (e. g. $5.00) f o r every conviction secured through the efforts of the respective societies.

T h e society would then know what

compensation to expect in return f o r its labors; and no judge could be disturbed even in his subconsciousness by any thought of the relation of the penalty to the interests of the prosecutor. Whether the sentence were imprisonmnt or fine, whether the fine were heavy o r light, the result to the society would be the same. Such an arrangement would mean financial loss to some societies, as in Buffalo. B u t it would doubtless silence a lot of criticism, and this would make the sacrifice worth while.

F o r although there is

no evidence that the present system is abused anywhere in the state, it undeniably does arouse hostile criticism in some quarters; and any amount of criticism, justifiable o r not, makes the work just so much harder.

A system which would merely provide a

PREVENTION

6o

OF CRUELTY

TO

ANIMALS

f a i r compensation and which w o u l d not m a k e the income of the society in any way contingent upon the nature of the penalty, would remove one of the chief g r o u n d s o f criticism and would at the same time make possible an unhampered of justice in cases of cruelty to animals.

administration

It would require rather

c a r e f u l consideration to determine j u s t w h a t would be a f a i r allowance f o r each conviction, but this is a matter which ought to be adjusted without any serious difficulty.

Possibly it might be

desirable to devote any surplus of fine money remaining in the public treasury to some specific purpose, as f o r example, the police pension fund, the instruction of police on humane topics, the giving o f lectures in the public schools, or some similar purpose. 1 T h i s is a detail which could be w o r k e d out along with the rate of compensation to be allowed to the societies.

It really seems

that this compromise between the present N e w Y o r k

scheme

and the C a l i f o r n i a scheme would be workable and ought t o comm e n d itself to the humane societies and to all w h o are interested in the progress o f humane work in this state. In this connection it is perhaps w o r t h while to raise the question whether it is a wise policy to encourage the incorporation of societies whose only activity is police w o r k and whose chief, if not sole, source of revenue is in the fines resulting f r o m its prosecutions. zation.

T h e r e is much to be said in defence of such an organiProsecution is not only important: it is necessary.

In

any field of work the best results can be accomplished by specialists.

T h e society which devotes itself exclusively to punishing

offenders against the anti-cruelty laws can of one thing most thoroughly.

course do this

T h i s is well illustrated by the record

of the H u m a n e Society of N e w Y o r k , which has already been described in some detail.

It is doubtful, however, whether such

a corporation would or could be as active in doing good if there did not exist at least the possibility of making its activity profit1 A bill was introduced in the N e w Y o r k legislature at its last session ( 1 9 1 5 ) providing that in cases of arrests by policemen in N e w Y o r k City the fine should g o into the police pension fund. T h i s would perhaps stimulate the police to a greater activity and might result in some addition to the police pension fund, although it is d o u b t f u l if this addition w o u l d be considerable.

CONCLUSIONS able.

61

T h e California scheme would of course be fatal to its ex-

istence.

T h e Humane Society of N e w Y o r k , according to its

treasurer's reports, has not been getting rich, but it has been able to keep a comfortable balance in the bank.

J u s t how it

would be affected by the adoption of the scheme proposed above would depend on the amount to be paid per conviction.

The

records of the Society and of the Comptroller's office show that in 1 9 1 3 the average fine received was a trifle over $5.50.

So a

$5.00 rate f o r each conviction would not mean a very extensive curtailment of its revenues.

The question is whether such cor-

porations are sufficiently useful to j u s t i f y a provision f o r their continuance.

A s a general proposition this question could per-

haps be answered in the negative.

But the general proposition

does not always meet the concrete case.

T h e Humane Society

of N e w Y o r k is unique in this state, and probably could not be duplicated outside of N e w Y o r k City.

In no other section of

the state is there a field sufficiently fertile in violations of anticruelty laws to afford a livelihood to an organization which depends upon fines as its only sustenance.

Therefore, no amount

of encouragement would be likely to induce the formation of any such corporation up-state, and f o r all practical purposes its possibility can be dismissed f r o m consideration.

In the case of the

Humane Society of N e w Y o r k it can fairly be said that its very existence justifies its being.

I f there were none of this work to

do, if there were no violations, no cases deserving prosecution and punishment, the society would not be alive.

The very fact

that its agents bring into court during the year cases in which the magistrates impose fines aggregating seventeen or eighteen thousand dollars argues strongly in behalf of its usefulness.

T h e cri-

ticism most commonly aimed at this organization is that while it styles itself a Humane Society its humane work is negative rather than positive.

It occupies itself with punishing persons rather

than with giving direct relief to animals. cism, as f a r as it goes.

This is a f a i r criti-

But it fails to recognize that the Humane

Society is doing a much-needed work with a thoroughness which would not be possible if its activities were divided.

Accordingly,

while the arrest and prosecution of offenders is not the highest form of humane work, it is at least a necessary part of it; and al-

PREVENTION

62

OF CRUELTY

TO

ANIMALS

though in general the society which depends upon fines f o r its support is not the ideal humane organization, it must be admitted that there is a place f o r such a society in N e w Y o r k City. T w o opposing tendencies in regard to this matter of fines are embodied in bills which have been introduced in the state legislature in recent years. of the penal law.

Both bills sought to amend section 196

(See App. I I I . )

One of these, introduced in

1 9 1 3 , aimed to extend the police power and the privilege of receiving fines to any " society organized under the laws of this state to cooperate in the enactment and enforcement of

laws

against cruelty to animals and actually maintaining one or more f r e e dispensaries f o r their treatment."

B y the enactment of such

a provision societies desiring to incorporate would avoid the necessity now prescribed by law (Membership Corporations L a w , section 1 2 0 ) of securing the approval of the American S. P. C. A . or, in lieu thereof, of a justice of the supreme court, in order to enjoy these powers.

It would affect such organizations as the

N e w Y o r k Women's League f o r Animals, the Horse A i d Society, the Animal Relief Society, and other similar corporations in so f a r as they might maintain f r e e dispensaries.

The maintenance

of such an institution deserves support, and might warrant the passage of the proposed bill; but there should be some way of determining what should constitute a " free dispensary " within the meaning of the statute.

In view of the experience of Cali-

fornia with imposters in the humane field, any extension of the right to receive fines, even under the modified system which has been suggested, should be most carefully debated; and any law aiming at such an extension should be so strictly drawn as adequately to safeguard the genuineness of humane endeavor.

It

might be possible to prove the need f o r such a measure in N e w Y o r k City where there is great congestion of both human and animal l i f e ; but there is apparently no call f o r it in any other part of the state.

This particular bill was never reported f r o m

committee. T h e other bill, introduced in March, 1 9 1 5 , was originally designed, among other things, to wipe out the practice of giving fines

to humane societies.

It provided in substance that all

fines f o r violations of anti-cruelty laws must be paid into the

CONCLUSIONS

63

treasury, and become a part of the funds of the local governmental agency; that agents and officers of societies should no longer have the power to make arrests or to interfere to prevent the perpetration of acts of cruelty; that agents and officers of societies should merely have authority, a f t e r being duly designated by the sheriff of any county in which they would operate, to issue summonses to persons violating anti-cruelty l a w s ; and that such agents and officers should be declared to be peace officers f o r the purpose of issuing summonses only.

This bill would not only

deprive all societies of a more or less important source of revenue but would reduce their police authority to a practical nullity and would of course expel f r o m the field such organizations as the Humane Society of N e w Y o r k .

This bill was so amended

as somewhat to modify its terms.

T h e amended form would

permit fines to accrue to societies as at present, except that when the total amount of fines payable to any society in any fiscal year would exceed the sum of one thousand dollars, the total amount paid to such society should not be in excess of 25 per cent of the total sum received by said society f r o m all sources during the previous fiscal year and applied to the work of prevention of cruelty to animals.

T h e police power conferred upon societies

is substantially the same as in the first form of the bill, except that society officers and agents would be permitted to make arrests if it was evident that the offender would not answer the summons or was not a resident of the state, or if a f t e r service of summons the person should continue to offend.

These officers and agents

would be made peace officers only f o r the purposes here specified. This bill died in committee upon the adjournment of the legislature on April 24, 1 9 1 5 . It is not necessary to discuss the merits of these proposals at length.

T h e complete dependence of animal protection upon the

power of the agents of humane societies to interfere and to make arrests has been abundantly demonstrated.

T o remove this power

would destroy their effectiveness. T h e inadequacy of the summons in cases of cruelty to animals is obvious on its face.

In the first

place, there would often be no satisfactory means of fication,

such as exists in the case of automobiles.

identi-

More im-

portant still is the fact that much depends upon immediate action.

64

PREVENTION

OF CRUELTY

TO

ANIMALS

If an animal is unfit f o r use it should not be allowed to continue without interference.

In many, if not in most cases, when the

agent of a society makes an arrest he takes the horse to court along with the driver and the magistrate ordinarily examines the animal in person. are simultaneous.

Prevention and punishment are prompt and This of course would be impossible if the

agent were limited to the issuance of a summons returnable at a future date.

Prevention would not be sure, and convictions

would be much less certain because of the increased difficulty of securing competent evidence. own eyes is not rebuttable.

T h e testimony of a magistrate's

If the case is tried after a lapse of

time, the horse may meanwhile be cured or removed, or another may be substituted in its place, and decision must be rendered on the word of the agent against that of the driver and perhaps a dozen witnesses.

T h e exceptions provided in the amended bill

do not help the situation any.

A n agent will not run the risk of

making u n l a w f u l arrests if he must prove that at the time of the commission of the offense it was evident and he had good reason to believe that the offender would not appear on the return day mentioned in the summons, or must prove that the offender is not a resident of the state.

Nor can agents profitably spend their

time watching offenders upon whom summonses have been served to see whether they will " continue to offend " after said service and thus enable the agents to make l a w f u l arrests.

The idea

of the summons f o r cruelty cases is bad, and, it may be added, is heartily disapproved by the city magistrates. T h e result which would flow f r o m the amended provision relating to the disposition of fines is rather curious.

Only three

societies, namely the E r i e County S . P. C. A., the American S . P . C. A., and the Humane Society of N e w Y o r k , would be in any way affected by it, since these are the only societies in the state whose fines f o r one year ever exceed one thousand dollars. In such a case, it will be recalled, the bill stipulates that the amount of fines paid to the society shall not exceed 25 per cent of its total receipts f r o m all sources f o r the previous fiscal year. T h e total receipts of the E r i e County S. P. C. A . f o r 1 9 1 3 , including fines, were in round numbers $10,000.

So the limit f o r

its receipts f r o m fines in 1 9 1 4 would be $2,500.

The fines which

CONCLUSIONS

65

it actually received in 1 9 1 4 under the existing law amounted to $2,049, leaving a margin of $451 under the proposed law. The receipts of the American S. P. C. A . in 1 9 1 3 , applied to the work of prevention of cruelty to animals, were $56,368.80. The fine limit f o r 1 9 1 4 would therefore be about $14,000. Fines actually collected in 1 9 1 4 were well within this limit, amounting to only $8,856.92. The Humane Society of New York presents a different situation. The report for 1914 was not ready at the time of writing, so the years 1 9 1 2 and 1 9 1 3 are taken for illustration. The total receipts f o r 1 9 1 2 were $23,007. Of this sum about $18,000 was from fines. Under the proposed scheme the society would not have been entitled to more than $5,750 in fines f o r 1913. The records of the department of finance of the City of New Y o r k have already been quoted as showing that the amount paid to the Humane Society for fines during the year 1 9 1 3 was $17,991. The report of the Society's treasurer places the total income for the year, including balance on hand January 1 , 1 9 1 3 , at $24,938.73. The income from sources other than fines was thus only $6,947.73. Inasmuch as it would be entitled to only $5,750 in fines, the total income for the year under the proposed law would have been $12,697.73. On the basis of this last amount the fines f o r 1914 would have been limited to about $3000. The consequence is obvious. Unless the society could find new sources of revenue aside from fines its income would at once be so reduced as to make the continuance of its work impossible. In other words, the effect of this part of the bill would be to leave other societies unscathed while it would strike a death-blow at the Humane Society of New York. It is interesting to note that one of the chief sponsors of the bill was Mr. W. H. Mallet, whose relations with the Humane Society were described in the first part of this paper. T o be sure all the societies would suffer financial loss, f o r the portion of the bill which curtails their police power would result in fewer prosecutions and proportionally fewer fines. It is needless to say that the bill as a whole had little to commend it. Its defeat was to be expected. Upon this question as to the propriety of the exercise of the police power and the receipt of fines on the part of societies f o r the prevention of cruelty to animals in New York State, the

66

PREVENTION

OF CRUELTY

TO ANIMALS

only fair conclusion is that their cooperation as corrective agencies is indispensable and that f o r this service they should be able to rely with certainty upon a reasonable compensation. Thus f a r the system of giving them all fines collected as a result of their efforts has met this requirement most satisfactorily. Any objectionable features attendant upon this system would be largely eliminated by the adoption of some such compromise scheme as has been outlined above (pp. 59, 60). Another problem, which will have to be considered much more briefly, is that of state-wide organization. The existing law provides no state agency for the supervision and control of the work of prevention of cruelty to animals. The American S. P. C. A . has jurisdiction to operate throughout the state, but it has no power of immediate supervision over other societies. Its only control is negative, consisting in its right to veto the incorporation of any society f o r the prevention of cruelty to animals which shall possess the police power and the right to fines. This veto, however, may be overcome by the decree of a justice of the supreme court who may approve such incorporation. The State Convention of Humane Societies is a voluntary organization, designed to secure mutual discussion and cooperation, and exercises no real authority over the individual societies. The first question then is, to what extent it would be desirable to centralize the work in this state and where the supervisory control, if any, should be vested. In a few states, of which Colorado is a type, the humane work of the whole state is in the hands of a state board or bureau. This situation was brought about in Colorado by constituting the Colorado Humane Society, a private corporation, the Colorado State Bureau of Child and Animal Protection. ( L . 1901, chs. 3, 84.) The original organization of the society is maintained, but the governor, the attorney general and the superintendent of public instruction are by law made ex-officio members of the board of directors. Annual appropriations for the work of the bureau are made by the state legislature. The advantage claimed for this system over the creation of state boards through appointment of their members by the governor is that the state bureau is kept free from political influences. Certainly humane work

CONCLUSIONS

67

should never become entangled in politics. If conditions demand the establishment of a state humane bureau, perhaps the Colorado plan is as aptly designed to accomplish the desired results as any that could be devised. This step was taken in Colorado because the society was receiving such slender financial support that its work was necessarily inadequate, and almost nothing was being done outside of the City of Denver. Although the population is relatively small and scattered, complaints about the abuse and neglect of animals were constantly received from all over the state, especially from the stock ranges; and it was felt that the only way to extend the work was to create an official, centralized body which would receive support from the funds of the state. In New York State the situation is quite different. Here there are a number of large population centres, where efficient anticruelty societies have been long established and from which bases humane work is conducted in the surrounding country districts, although, as has been indicated, this part of the work suffers more or less from the chronic lack of funds to which most kindred organizations apparently are subject. But there is no state-wide apathy such as has limited activities in some of the western states. The societies in the larger cities of this state have been doing a good work, they have gained a considerable following in their respective localities, and they are gradually accumulating endowments which will secure their future usefulness. They are going, growing organizations, and an enlightened public sentiment is constantly increasing their strength. Under the circumstances it would hardly be feasible to select one of these societies to act as a state board with absolute authority over all the others. Local pride and sectional jealousy must be reckoned with. Such an arrangement would almost surely dampen the enthusiasm of many loyal and generous supporters of local societies and discourage the giving of donations and legacies, if, indeed, it would not altogether paralyze the work in many sections of the state. Nor does it seem necessary, or even desirable, to create a separate state department for the immediate supervision and control of the existing organizations, so as to make the prevention of cruelty to animals dependent upon the appropriations of the state legislature. That would mean politics, and politics

68

PREVENTION

OF CRUELTY TO

ANIMALS

would mean the demoralization of the enterprise. Although, owing to peculiar conditions in Colorado, the creation of a state bureau there has doubtless brought some good results, the officers complain that the legislative appropriations are so small that they are compelled to eke out their revenues by soliciting private contributions ; and it is somewhat difficult to interest philanthropists in an organization which is supposed to be financed by public taxes. Furthermore, in a state like New York it would be extremely difficult to insure a distribution of general funds which would be commensurate with the respective needs of the different sections. Conditions in this state demand that humane work be kept as free from politics as possible, and consequently do not favor the centralization of the work in any governmental agency. On the other hand it must be admitted that something should be done in the way of organization to build up the work in the country districts, especially in the counties where there are no cities large enough to maintain strong independent societies. W e have seen how the Mohawk and Hudson River Humane Society has organized branches and is prosecuting the work in the sixteen counties of the northeastern portion of the state. There are few, if any, localities in this region capable of supporting separate organizations, and what has been accomplished in the prevention of cruelty to animals and children has been due in large measure to the initiative of the Central Department at Albany. The scheme of organization seems to have worked well. This suggests the question whether the work in different parts of the state could not to advantage be organized in a similar manner. The societies in the larger cities say that even now they receive requests for advice and assistance from some of the neighboring counties where societies already exist. The need of cooperation is keenly felt. The present law allows the incorporation of but one society in any county and authorizes a society in any one county to operate only in such adjacent counties as have no humane organization. If the whole state could be divided into districts and all the societies in each district could be brought together in some form of consolidation, there would at once be possible a unity of effort which

CONCLUSIONS

69

has not yet been realized. Such cities as New York, Albany, Utica, Syracuse, Rochester, and Buffalo, and perhaps two or three others, could be selected as district centres and the counties could be grouped around them according to local needs. It would probably be advisable for the law to prescribe the boundaries of the districts and to make the act of consolidation within a district entirely voluntary on the part of the societies there located. Any attempt to force an involuntary cooperation would be abortive. The jurisdiction of each consolidated organization should be limited to its district, and should be excluded from any county within the district where an existing society chose to remain independent. It might be well to prohibit the incorporation of new local societies in the district without the consent of the consolidated society, and to provide that the normal extension of the organization should be through the establishment of branches. Each branch should of course have its own local board of control and should be represented in the board of directors of the main organization, perhaps in proportion to the population of the region assigned to its supervision. The scheme is thus roughly and briefly outlined merely to suggest a possible solution of the rural problem in humane work. The inspiration of a large organization, the possibility of keeping all parts of the district in close touch with each other, the concentration of energy and the creation of a common fund which could be applied to the general needs of the district would all operate to stimulate public interest and to give humane work throughout the state a fresh impetus. Such a combination should bring increased efficiency and economy. Whether the societies be organized by counties as at present, or by districts as just suggested, there still remains the question of state supervision. Although it may not be wise to create a state board or bureau with complete jurisdiction over humane work, it nevertheless would seem proper to establish some adequate supervision over the activities of the societies. In the first place, since they are corporations enjoying certain privileges and charged with the administration of funds in the execution of a public service, it would be reasonable to require from each incorporated society for the prevention of cruelty to animals an annual financial report to some public authority or authorities.

7°

PREVENTION

OF CRUELTY

TO

ANIMALS

The report should indicate in detail the amount of capitalization or endowment, receipts from all sources and expenditures for all purposes. Such a statement should be submitted to the secretary of state and should be a matter of public record; and inasmuch as practically every society receives money from the public treasury in the form of county appropriations, fines or dog license fees, besides soliciting donations from private individuals, a detailed report ought also to be made to some local governmental agency, either county or municipal, or both. There is no reason to suppose that the societies are guilty of mismanagement; but such a requirement would not impose upon them any great hardship, and it would certainly tend to increase public confidence and to invite financial aid. In the second place there should be a systematic inspection of humane societies and their work by some competent public authority. In accepting their articles of incorporation they thereby assume certain responsibilities and duties to the public, and it is only fair to require that they live up to the terms of their charters. They ask for subscriptions and legacies in order that they may do certain kinds of work and there should be some machinery provided for checking them up to see that they are making proper use of their funds and are really rendering the service which they profess to render. It sometimes happens that societies are wrongly accused of being imposters and frauds when as a matter of fact they are prevented from accomplishing their full purpose merely through lack of funds. Perhaps others are not so sincere. In any case, the public, which in one way or another supports the work, is entitled to know the real situation. Some state agency, then, should have the power at any time to inspect and report upon the condition of all humane societies in the state. Perhaps this duty could appropriately be assigned to the state board of charities, which is charged with the inspection of charitable institutions and which is required to report annually to the legislature. If the humane work were centralized in districts the task of inspection would not be too burdensome; and the annual publication of a report on the work of the societies should spur them to greater efforts and should be of great value to all engaged in the work as well as of interest to the public generally.

CONCLUSIONS

71

On the whole the work being done by the societies in New York State for the prevention of cruelty to animals is to be commended. Much space has been given in this discussion to the subject of prosecutions and fines because it involves a controversy of long standing which should be settled once for all. Although corrective work forms a necessary part of the activities of the humane societies it by no means represents their major interest. Only one society in the state confines itself to the direct enforcement of the law. All the others devote most of their time and money to educational and relief work, which by many is considered the proper sphere of humane endeavor. Although there is a manifest variety of opinion as to the most effective means of humane education there is substantial agreement that its object should be to reach the children and to bring them up with a true conception of their relation to the animal world. The value of direct instruction in the public schools is seriously questioned, and there is no desire to make such instruction a compulsory part of the already overcrowded curriculum. Incidental talks, illustrated lectures, prize essay contests and children's clubs seem to have achieved the most satisfactory results. In the matter of relief work some of the societies have been handicapped by lack of funds; but every year brings improvements, and the wonderful possibilities for service of such splendid hospitals and shelters as those of the American S. P. C. A. and of the New York Women's League for Animals should make a strong appeal to generous humanitarians in other parts of the state. It is only a question of time when all cities will be equipped with adequate facilities for the care and treatment of sick and homeless animals. Just a word may be added in regard to the financial support of these organizations. Thus far the laws of this state have not specifically recognized societies for the prevention of cruelty to animals as charities, and although the constitutionality of gifts to these societies by state, county or city has not been directly passed upon by the courts, there is reason to believe that such gifts could be held to be within the prohibition of Sections 9 and 10 of Article VIII of the constitution. (Fox v. Mohawk and Hudson River Humane Society, 165 N. Y . 517).. Their work, however,

PREVENTION

72

OF CRUELTY

TO

ANIMALS

is essentially of a charitable nature, and it would seem that the service they render to the public ought to j u s t i f y financial assistance from the central or local governments in addition to the relatively slight compensation which they receive in the form of fines.

Section 1 4 of Article V I I I of the constitution contains the

following sentence: " Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, f o r care, support and maintenance, may be authorized, but shall not be required by the legislature."

T h e context indicates that the insti-

tutions contemplated in this section are those devoted to the care of persons, although it does not appear that societies f o r the prevention of cruelty to animals are necessarily excluded.

As a

matter of fact, in spite of the doubtful status of such societies, the legislature has authorized county boards of supervisors to make appropriations in aid of societies f o r the prevention of cruelty to animals ( L . 1 9 1 1 , ch. 6 6 3 ) , and a number of counties have made such appropriations which apparently have not been challenged on constitutional grounds.

T o be sure the super-

visors may require an accounting f r o m the society and may prescribe rules f o r the expenditure of funds appropriated by them; and if the courts should not recognize such societies as charitable institutions within the meaning of the section quoted above, the constitutional objection could be overcome by holding such appropriation to be merely compensation f o r public service, as has been held in the case of dog license fees (People v. Delaney, 7 3 Misc. 5 ; 146 A p p . Div. 9 5 7 ) , and as doubtless would be held in the case of

fines.

Certainly this financial aid is sorely needed in

many counties, and might well be supplemented by like assistance f r o m municipalities.

Although it is undesirable to make the

work of humane societies dependent on legislative appropriations, there can be no objection, on grounds of policy, to authorizing contributions to the work on the part of local governments. T h e need of sure financial support is imperative; and if there remains any doubt as to the constitutionality of g i f t s to humane societies by state, county, or municipality, the constitutional convention now in session could clear the matter up in a f e w specific phrases.

APPENDIX

I

SOCIETIES IN N E W Y O R K S T A T E FOR T H E PREVENTION OF CRUELTY TO

ANIMALS

(COMPILED FROM A N N U A L REPORTS OF THE AMERICAN H U M A N E ASSOCIATION AND THE AMERICAN S . P . C . A . FOR 1 9 1 4 )

Albany Mohawk and Hudson River Humane Society. Departments of Mohawk and Hudson River Humane Society are as follows : Catskill Greene County Department. Cobleskill Schoharie County Department. Glens Falls Department of the North (Warren County Department). Gloversville Fulton County Department. Hoosick Falls Hoosick Falls Branch. Hudson Columbia County Department. Johnstown (see Gloversville) Plattsburgh Clinton County Department. Saratoga Springs Saratoga County Department. Schenectady Schenectady County Department. Albion Orleans County Branch S. P. C. A. Albion Woman's Auxiliary. Amsterdam Montgomery County S. P. C. A. Auburn Cayuga County S. P. C. A . Batavia Batavia Humane Society. Bath Bath Humane Society. Binghamton Broome County Humane Society. Buffalo Erie County S. P. C. A. Canandaigua Canandaigua Humane Society (Br. of Ontario Co. S. P. C. A. at Geneva). Clyde Wayne County S. P. C. A . Cortland Cortland County Humane Society. Cuba Alleghany County S. P. C. A. Dansville Livingston County Humane Society. Elmira The Elmira Humane Society. Geneva Ontario County S. P. C. A. Hornell Steuben County Humane Society. Ithaca Tompkins County S. P. C. A. Jamestown Society Prevention Cruelty Animals. Kingston Ulster County S. P. C. A. Lockport Niagara County S. P. C. A . Malone Society Prevention Cruelty Animals. Monticelk> Society Prevention Cruelty Animals. Naples Branch S. P. C. A. (73)

74

APPENDIX

Newburgh New York City New York City New York City New York City New York City New York City Norwich Nyack Ogdensburg Olean Oneida Ossining Oswego Penn Yan Perry Poughkeepsie Rochester Rome Utica Seneca Falls Sidney Syracuse Warsaw Watertown Waverly Whitesville Yonkers

I

Newburgh S. P. C. A. American S. P. C. A. Humane Society of New York. * New York Women's League for Animait. * Horse Aid Society. * Animal Relief Society. * Bronx Horse Owners' Protective Association. Chenango County Humane Society. Rockland County S. P. C. A. S t Lawrence County Humane Society. Catteraugus County S. P. C. A. Madison County S. P. C. A. Ossining Branch American S. P. C. A. Oswego County S. P. C. C. and S. P. C. A. Yates County Humane Society. Humane Society of Perry S. P. C. A. Poughkeepsie S. P. C. A. Humane Society of Rochester, N. Y , P, C A, Rome Branch Stevens-Swan H. S. Oneida Co. Utica Dist Stevens-Swan H. S. Oneida Co. Seneca County Humane Society. Delaware County S. P. C. A. and S. P. C. C. Central N. Y. S. P. C. A. Wyoming County Branch American S. P. C. A. Jefferson County S. P. C. A. Tioga County S. P. C. A. and C Whitesville Branch Alleghany Co. S. P. C. A. Yonkers Society Prevention Cruelty Animals.

* Incorporated, but without the police power or right to fines.

A P P E N D I X II The following tables are given merely to illustrate some of the details of the work done by societies for the prevention of cruelty to animals. Statistics are included from two or three societies not described in the body of the report. The relative jurisdiction of these organizations is indicated by the figures showing area and population of the respective counties (taken from the New York State Legislative Manual for 1914). Unless otherwise designated statistics are for 1914. 1. THE AMERICAN S . P . C

A.

Jurisdiction: State-wide. Field of principal activity, Greater New York. Population, 4,76^883. Offenders arrested and prosecuted by the Society 1,696 Offenders arrested by police and prosecuted by the Society 195 Total arrests and prosecutions 1,891 Animals suspended from labor 6,578 Horses, mules and other large animals, disabled beyond recovery, humanely destroyed 1,769 Disabled horses and other large animals removed from the streets in ambulances i,H9 Complaints of cruelty received and investigated 9,876 Calls made for unwanted, sick and injured animals 93,356 2. ERIE COUNTY S . P . C. A .

Jurisdiction: Erie County. Area, 1,071 square miles. Population: Erie County, 528,985. Buffalo City, 423,715Complaints of cruelty investigated Animals suspended from labor Ordered attention by veterinarian Attention by blacksmith Harness repairs ordered Blankets ordered Prosecutions conducted by the Society Convictions obtained Fines imposed in above cases Sentence served at penitentiary Sentence suspended Warnings issued Otherwise corrected (75)

40 2 2 1,317 886 326 711 374 128 126 $2,049.00

125 days 23 1.693 137

APPENDIX

76

II

Complaints not sustained Large animals humanely destroyed Small animals found sick or injured, destroyed Horses sent to rest-farm Horses sent to private pasture Stable repairs made Roads repaired Water-troughs repaired Homes found for dogs

313 253 79 31 14 21 5 3 56

SOUBCE OF COMPLAINTS

Received at office Reported by police Made by officers of the Society Originating in office

1,097 103 2,459 363

Of the above cases, 525 dealt with matters outside the City of Buffalo. STOCK YAKDS

Reported Number of Cars Arriving.

Reported Injured.

Found Dead in Cars.

Cattle

8,649

147

63

Hogs

30,385

6,246

6,280

Sheep

7,275

1,641

3,215

Horses

1,137 56

285

Total

47.446

Calves..

3. HUMANE SOCIETY OF ROCHESTER

Jurisdiction: Monroe County. Area, 682 square miles. Population: Monroe County, 283,212. Rochester City, 218,149. Beating or whipping Overloading Overdriving Driving when galled or lame Depriving of food or shelter General cruelty Sick or injured Abandoned Horses destroyed Horses sent from work Horses sent to veterinarian Horses ordered shod Horses ordered blanketed Cases reported Cases investigated

89 19 29 413 30 278 15 3 86 214 142 88 86 650 998

APPENDIX

II

77

Cases sustained Cases not sustained Cases not found Assistance given, warned, etc. Arrests for cruelty Prosecutions Convictions Forfeitures paid Discharged Withdrawn Cases referred to other societies Ambulance calls Teams inspected on excavations Crates of poultry thinned out Out-of-town cases reported

756 165 77 506 52 52 4 3 x 5 91 750 500 54

4. C E N T R A L N E W Y O R K

S. P. C.

A.

Jurisdiction: Onondaga County. Area, 812 square miles. Population: Onondaga County, 200,298. Syracuse City, 137,249. Complaints received 1,048 Complaints investigated 1,009 Complaints prosecuted 46 Acquittals 2 Horses and mules suspended from labor 1,766 Large animals destroyed 95 Barns inspected 518 Small animals destroyed: Dogs 989 Cats 1,826 Calls for large ambulance 128 Large animals taken from streets found in unfit condition and brought to shelter 136 Hurry calls f o r small ambulance, injured and suffering animals 143 Dog licenses issued 4,193 5. T H E M O H A W K AND H U D S O N

RIVER H U M A N E

SOCIETY.

Jurisdiction: Sixteen counties (see pp. 41, 42 above). A r e a : Approximately one-third of total area of state. Central Department (Albany and Rensselaer counties), 1,204 square miles. Population: For sixteen counties, approximately onetenth total population of state. Central Department, 295,942. Albany City, 100,253. T r o y City, 76,813-

APPENDIX

78

11

NATURE OF CASES AND RELIEF AFFORDED

Horses worked when sick 27 Horses worked when lame . . . 258 Horses worked with sores . . . 97 Horses worked without shoes. 39 Unblanketed in winter 164 Overdriven 48 Disabled animals 470 Starved and neglected 56 Sick or suffering 1,673 Lost or strayed 262 Abandoned animals 26 Dog fighting 4 Horses overworked 1 Poisoning animals 16

Maliciously torturing 71 General neglect and cruelty . . 244 Cats rescued from trees 26 Carried in cruel manner 9 Checked too high 3 Crates of fowl overcrowded.. 34 Vicious animals 258 Beating, abusing 206 Overloading 105 Homeless animals 128 Loose blinders 153 Suffering from exposure 13 Miscellaneous 211

DISPOSITION OF CASES

Complaints sutsained 4,202 Complaints unsustained 80 Action undesirable ill Referred to other societies . . . 12 Not found 182 Advised and warned 1,513 Prosecutions 42 Convictions 36 Amount of fines $198 Imprisonment imposed, one month, twenty-five days. Sentence suspended 21 Warned by court 19 Acquitted 3 Disabled horses killed 206

Other animals lolled 2,491 Suspended from labor 127 Compelled to repair stable . . . 14 Dog fights stopped 4 Compelled to furnish food .. 11 Returned to owners 103 Homes found 32 Sent to kennels 2,007 Sent to blacksmith 46 Relieved in other ways 145 Referred to public officers 7 Veterinarians called 86 Relieved by padding 16 Pending settlement 3

6. STEVENS-SWAN HUMANE SOCIETY.

(Children and A n i m a l s )

Jurisdiction: Oneida County. Area, 1,215 square miles. Population: Oneida County, 154,157. Rome City, 20,497. Utica City, 74,419Report of Utica Branch: TREASURER'S REPORT

1914 Receipts Jan. 1. Balance on hand Apr. 1. County appropriation, 1914 Interest General Fund Subscriptions and dues General Fund overdrawn

$842.25 2,000.00 37-37 1,006.63

$3,886.25 68.20 $3,954-45

APPENDIX

11

Disbursements Salaries Expenses Automobile (special subscriptions) 1914 Jan. 1. Apr. 1. Feb. 20. July 1. Dec. 10. Dec. 24.

7g

$2456.50 921.21 576.74 $3.95445

Endowment Fund Balance Interest on bond Theo. Sayer Interest on bond Miss S t Leger Miss McQuade

$1,262.00 25.00 ioojoo 25.00 5.00 25.00

Total

$1,442«)

Endowment Fund Investments 1 Utica Gas and Electric €0. 5% bond at 101 Cash Citizen Trust Co. 3lA%.

$1,010.00 432.00 $1,442x10

STATISTICAL REPORT, ANIMAL DEPARTMENT

Number of complaints Number of animals investigated Horses sent to stable Horses sent to hospital Horses sent to blacksmith shop Horses helped on street Horses blanketed Unloaded vehicles Snatch teams ordered Horses killed Dead horses ordered buried Owners and drivers admonished Found homes for horses Found owners for lost horses Stables and barns investigated Number of animals involved Helped cows on street Cows killed Animals unloaded and fed Dogs abused Owners of dogs admonished Dogs to hospital Homes found for dogs Dogs killed Cats killed Cats abandoned Homes found for cats Cats from trees and poles

512 3,115 50 6 10 13 11 4 12 39 2 123 2 1 75 2,559 3 4 172 8 8 5 15 4 183 45 11 7

8o

APPENDIX

Persons arrested for cruelty Convicted Acquitted Fined Amount of Suspended sentence In court not settled Spite cases

II 7 0 1 2 $15.00 4 1 11

fines

7. YONKERS S . P. C. A .

Jurisdiction: Yonkers City. Population: Yonkers City, 79,803. TREASURER'S REPORT

(1913)

Receipts Balance from former treasurer Dues Contributions Fines Badges Ambulance fund Proceeds from fair Interest on deposits

$608.09 603.25 103.15 339.50 41.00 546.28 207.97 10.73 $2,459-97

Disbursements Salary-agent Expense account-agent Rent Printing and advertising Telephone, agent and office Theatre and advertising, ambulance fund Miscellaneous expenses

$825.00 145-93 75-00 205.27 55.08 181.00 104.92 $1,592.19

Balance on hand

$867.78

Distribution: General fund Ambulance fund

$502.50 365.28 STATISTICAL REPORT, I 9 1 3

Horses examined Horses examined on excavations Horses suspended from labor Horses examined by veterinarian Horses ordered shod Horses ordered blanketed Horses humanely killed Cows examined Calves examined Cows humanely killed

11,020 1,006 191 84 216 595 45 310 120 3

APPENDIX

11

gI

Goats humanely killed Horses (depriving of food or shelter) Horses abandoned Horses overloaded Horses overdriving Horses (beating or whipping) Horses (driving when galled or lame) Ambulance calls (extreme urgency) Arrests for cruelty Prosecutions Convictions Discharges Sentence suspended Withdrawn Defendants not yet tried Defendants sent to jail for 10 days Defendant's fine not paid, for $8.00 Defendants' arrests to pay their fine Defendant's arrest and fine went to city for $10.00 Reported complaints Reported complaints investigated Reported complaints not found Crates of poultry thinned out Out-of-town cases reported Cases referred to other societies Stables inspected Stables (need of repair) Cats sent for Dogs sent for Dogs humanely killed Cats humanely killed Response to fire calls 8 . T H E BROOME COUNTY H U M A N E SOCIETY.

i 5 9 43 6 24 260 3 99 86 45 16 25 12 1 2 1 3 1 907 866 52 10 16 IS 123 42 256 S3 6 11 52

(Children and

Animals)

Jurisdiction: Broome County. Area, 706 square miles. Population: Broome County, 78,809. Binghamton City, 48,443. TREASURER'S REPORT

(1913)

Receipts Membership fees, donations Fines Dog fund licenses County appropriations Interest, Gas Company bonds Sundry

$1,035.75 1,260.00 J,575-00

974-44

100.00 22.00 $4,967.19

Due S. J. Koerbel

559.19 $5.52676

EXPENDITURES

Salaries of

superintendent,

stenographer

and

other

For collection and care of dog-pound, maintenance of same, including horse, wagon and attendant 1,238.50 Expense: Society's auto, livery and hire of extra con-

Clothing, provisions, coal and medical attendance fur-

Office and other incidental expense

598.91 $5,536.76 $423.10

Bills not paid STATISTICAL REPORT, ANIMAL DEPARTMENT

(1913)

Cases investigated Prosecutions Convictions Sentence suspended Placed on probation Horses humanely destroyed Drivers and owners warned and advised Horses temporarily relieved from work Inspection of horses on good roads under construction Blankets ordered on horses in street Horses left standing in street, placed in stables Stables ordered cleaned and repaired Stock neglected, ordered removed and sold Cows ordered removed from pasture without water

60 11 11 4 1 5 30 6 10 2 2 I I 10

NATURE OF COMPLAINTS FOR WHICH PROSECUTED

Drunkenness and neglect Overdriving Torture Owner of vicious dog Cruelly beating Dogs impounded Dogs redeemed and returned to owners Dogs humanely destroyed Cats called for and humanely destroyed Total number of small animals humanely destroyed Number of dog licenses issued to date

2 2 I 5 I 514 86 428 2,460 2,888 1,698

A P P E N D I X III Laws relating to the incorporation and the powers of societies for the prevention of cruelty to animals. I. MEMBERSHIP CORPORATIONS L A W

(Chap. 40, Consol. Laws, 1909.) Article § 120.

VI—Corporations

for the Prevention

of

Cruelty

CERTIFICATE OF I N C O R P O R A T I O N . — F i v e o r m o r e p e r s o n s

may become a corporation for the prevention of cruelty to children, or the prevention of cruelty to animals, by making, acknowledging and filing a certificate, stating the particular objects for which the corporation is to be formed; the name of the proposed corporation; the county in which its operations are to be conducted; the town, village or city in which its principal office is to be located; the number of its directors not less than five nor more than thirty; the names and places of residence of the persons to be its directors until its first meeting; and the time for holding such annual meeting. Such certificate shall not be filed unless the written consent and approbation thereof of a justice of a supreme court of the judicial district in which the place of business or principal office of such corporation shall be located, be first indorsed thereon; nor unless there is annexed thereto the written certificate of the New York Society for the Prevention of Cruelty to Children, if such be the object specified, and of the American Society for the prevention of Cruelty to Animals, if such be the object so specified, approving such incorporation. If the approval of either of such societies is not given within thirty days after application therefor, the persons proposing to form such corporation may apply to such justice for his approval upon eight days' notice of the time and place of application to the society refusing approval, which shall be entitled to appear and be heard, and the granting or refusal of the approval of the justice shall thereupon be discretionary with him. O n filing such certificate in pursuance of the law, the signers thereof, their associates and their successors, shall be a corporation in accordance with the provisions of such certificate. § 121.

PROHIBITION

OF

NEW

CORPORATIONS

IN

CERTAIN

COUNTIES.—A corporation for the prevention of cruelty to animals shall not hereafter be incorporated for the purpose of conducting its operations in the counties of New York, Kings, (83)

APPENDIX

84

III

Queens, Richmond, Suffolk, Westchester, outside of the city of Yonkers, or the county of Rensselaer, or in any other county if thereby there would be two or more such corporations formed f o r the purpose of conducting operations in such county. But any corporation f o r the prevention of cruelty to children or to animals, or to both, may exercise its powers and conduct the like operations in any adjacent county in which no such corporation for such purpose exists, and may continue to do so until the establishment of such a corporation therein. In certificates of incorporation organizing additional corporations under this article in the city of Yonkers, such city must be designated as the place in which any such corporation is to conduct its operations instead of the county of Westchester, and its operations shall be confined to such city. (Amended by L a w s 1911, Chap. 623). § 122.

SPECIAL POWERS.—A corporation f o r m e d f o r the p u r -

pose of preventing cruelty to animals may prefer a complaint before any court, tribunal or magistrate, having jurisdiction, f o r the violation of any law relating to or affecting the prevention of cruelty to animals, and may aid in presenting the law and facts to such court, tribunal or magistrate in any proceeding therein. A l l magistrates and peace officers shall aid such a corporation, its officers, agents and members, in the enforcement of laws f o r the prevention of cruelty to animals. [The portions omitted in section 122 are those which apply to societies for the prevention of cruelty to children.] 2 . P E N A L L A W — D I S P O S I T I O N OF F I N E S § 196.

To

WHOM

F I N E S A N D P E N A L T I E S ARE TO BE

PAID.—

A l l fines, penalties and forfeitures imposed or collected f o r a violation of the provisions of this article, or of any act for the prevention of cruelty to animals, now in force or hereafter passed, must be paid on demand to the American Society for the Prevention of Cruelty to Animals; except where the prosecution shall be instituted or conducted by a society for the prevention of cruelty to animals duly incorporated under the general laws of this state, in which case such fines, penalty or forfeiture must be paid on demand to such society. A constable or police officer must, and any agent or officer of any of said societies may, arrest and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this article. A n y officer or agent of any of said societies may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. A n y person who shall interfere with or obstruct any such officer or agent in the discharge of his duty shall be

APPENDIX

III

85

guilty of a misdemeanor. A n y of said societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting animals and may aid in presenting the law and facts before such court, tribunal or magistrate in any proceeding taken. T h e officers and agents of all duly incorporated societies f o r the prevention of cruelty to animals or children are hereby declared to be peace officers within the provisions of section one hundred and fifty-four of the code of criminal procedure. 3. SEIZING AND IMPOUNDING DOGS

Second Class Cities L. 1909, ch. 55, art. X V . (Consol. Laws, ch. 53.) § 230.

CONTRACTS FOR SEIZING A N D IMPOUNDING D O G S . — T h e

mayor of any city of the second class instead of authorizing the construction of a building as provided in the last section may, in his discretion, contract with any incorporated society f o r the prevention of cruelty to animals having jurisdiction in such city, for the capture and impoundage of all unlicensed dogs, and the maintenance of a shelter for lost, strayed or homeless dogs therein, provided, however, that the compensation to be paid to such person or corporation by such contract shall not exceed in any one year the amount collected by the city from the payment of license fees during the current year f o r which such contract is made. The mayor may prescribe in the contract the manner in which the work is to be done, and in which payments are to be made by the city thereunder and may also direct the disposition to be made of any and all dogs seized pursuant to the provisions of this article.

Third Class Cities L. 1909, ch. 26, art. V I I I , § 129-a (as added by L a w s 1911, ch. 7 1 8 ) . The provisions of this section are identical with those relating to cities of the second class quoted above.