28 ESSENTIALS OF VETERINARY LAW 
easier to prove the existence of the disease before 
the horse was destroyed than it would be after- 
ward. 
Due process does not necessarily mean that there 
must be a trial in court. The same object may be 
secured through a hearing before an executive 
officer, or it may be secured beforehand by the 
passage of a statute or ordinance. It is presumed 
that while the enactment is pending it may be 
attacked, or after its passage any one desiring to 
do so may then attack it in court. The courts will 
not permit arbitrary action.® 
18. Nuisance. The basis of almost all public 
health operations is found in the law of nuisance. 
A nuisance is a thing or condition which tends to 
work an injury, either to a limited number of in- 
dividuals, or to the community. If it endangers the 
public it is called a public nuisance. If it endan- 
gers only a few persons it is regarded as a private 
nuisance. The remedy for private nuisances is 
found in civil suits. That for a public nuisance 
must be found either in a civil suit, a criminal 
prosecution, or in executive action. An infectious 
disease is a nuisance, and therefore it is eustom- 
ary to institute a quarantine. This is done un- 
der the police power. A rabid dog is a nuisance, 
and because the dog is thus rendered useless, and 
valueless, he is ordinarily killed. Property mis- 
used, as for a house of ill fame, or for the illegal 
selling of liquor, is a nuisance. The owner may 
be punished criminally, and further misuse may 
be prevented by an injunction. A man possessing 
8 PuBLIc HEALTH, Chap. VII, 
and 273. 
