12 ESSENTIALS OF VETERINARY LAW 



the executives performing much of the duty which 

 here must be performed by the legislative body or 

 the court. 



7. Judicial Legislation. We sometimes hear of 

 laws made by the courts. It is true that some- 

 times the interpretation of a law made by the 

 legislature either adds to, or takes from, the pur- 

 pose of the framers; but the court does not make 

 the law. It is the business of the courts to inter- 

 pret the laws made. The court may doubt the 

 advisability of the law, or the necessity for its 

 passage; it may think that some other provision 

 would be better; and the judge may be personally 

 opposed to the enactment; but if the letter of the 

 law seems reasonable, and in harmony with the 

 constitution, and if the legislative body has not 

 exceeded its authority, it is the business of the 

 court to uphold the statute, and to put upon it 

 the simplest possible construction, according to the 

 form of words used.^^ "A statute will not be de- 

 clared unconstitutional unless its invalidity ap- 

 pears beyond a reasonable doubt." ^^ In a recent 

 case in New York, where a muzzling ordinance 

 was being attacked, the argument was made that 

 ''The court will probably have little difficulty in 

 conceiving of situations where the proper use of a 

 leash, or of some form of closed conveyance could 

 secure perfect protection to the public. ' ' The court 

 answered: "This argument, however, entirely 

 begs the real question. The court has nothing to 

 do with the wisdom of the ordinance; perhaps a 

 less sweeping ordinance would effect the same 



16 state V. K. C. M. & B. Co. it State ex rel. Christian Co. 



(Ark.), 174 S. W. 248. v. Gordon (Mo.), 176 S. W. 1. 



