5eo. It, 1891.1 



FOREST AND STREAM. 



4SS 



ited with a fiiish. Sbe was f?tanding wagging her tail when 

 first seen. At 1:05 Antonio was lost and Maid went on alone 

 by the railroad. Antonio was brought np again at 1:20. 

 Ijnrin,g this time Antonio had found a single and made two 

 false points. Maid found another beA'y and two ditEerent 

 singles, and Antonio pointed false, and ranging to one side 

 pointed again uncertainly; nothing found. Maid was 

 now hunting with good sense and alone. Maid, by 

 cover, .stopped as a bevy flushed down wind, and in 

 woods she nointed two singles of these. Buckle fired, 

 killed and Maid retrieved nicely. Buckle is evidently a 

 good shot, too good at times for the best iutere.sts of his 

 do^, as in retrieving the bird the bitch lost time once or 

 twice which Antonio placed to his advantage by meanwhile 

 finding a .single or two. Antonio, after a fnlse point, was 

 again lost to view at 2:03, Maid working out the ground 

 nicely and witb good range. At 2;.30 Antonio came up with 

 the proces.sion again, Avent following on hor.seback; the 

 dog had found a .single while away. At 3:40 Antonio oft" 

 again. Avent mounted to look for him, and the dog was 

 seen to cross our path soon after going like a steam engine 

 straight for some woods to the right, where Avent was put 

 on his trail, and at 2:r,5 the dog was secured after finding a 

 bevy in the woods. Down in a spinney Antonio then fotmd 

 a single, which flushed wild. Antonio then pointed in rag- 

 weed, but left the point as Avent came up. Then Maid, 

 backed by Antonio, made a no-point, and by the ditch An- 

 tonio found some birds, which flushed wild, and followed 

 this up by a point on a .single; pointed again without de- 

 cision, bird getting up to one side. Further on each got 

 singles, and Buckle killed that to his dog and Maid re- 

 trieved. After this Antonio nailed a bird in plum thicket. 

 Antonio afterward made game and roaded into a bevy, 

 Avent fired and missed, and the dog going on pointed, foot- 

 scent probably. In sedge further on he pointed fal.se, but 

 down in a hollow he secured one bird. Maid now pointed 

 fur. At 4:30 Antonio dawdled a bit, Maid ranging out well 

 and showing little signs of fatigue. In sedge Antonio then 

 pointed uncertainly, roaded, pointed again, but nothing 

 found he showing little interest in his work. At 4:3.5 Maid 

 slipped her handler, .going batik on the track and was not 

 found till close of heat, when not far behind, one of the 

 guides came up with her while she was pointing stiff and 

 had been for some time evidently, what turned out to be a 

 rabbit, dogs had then been called up, as it was 4:45. Then 

 the judges went off to consult and had a long confab be- 

 fore riding toward the crowd, when to the astonishment 

 of a good many it was announced that Antonio had won the 

 Free For All S'take of $L,000. Judge Tracy also annotmced 

 that they were unable to decide between the two dogs on the 

 work done in this heat and were compelled to draw their 

 reasons from the previous work done in the stake. This was 

 hardly fair to Maid of Kent, as this race was not run under 

 the spotting system, the judges having distinctly stated in 

 answer to the q uestion that it was a heat race. Besides, to 

 judge the two dogs on this basis the judges should have also 

 seen the two dogs run in their byes, which they did not do. 

 The decision was hardly consistent and Autonio was again 

 a lucky dog, for he was beaten on birds and his numerous 

 false points, to say nothing of his lack of control till he tired 

 down, should have materially alTected bis chances; added to 

 this his not retrieving a bird during the heat or stake, while 

 Maid i-eti-ieved all shot over her. This brought the meeting 

 to a close, and shows conclusively the need of a third judge, 

 for the lack of which the other two were necessarily handi- 

 capped. Messrs. Tracy and Wallace worked hard and con- 

 scientiously to arrive at the decisions and were always atten- 

 tive to the work of the dogs throughout the meeting, and 

 both are very capable men 



Suminary. Wi/rst Sertes. 



Charlotteville Kennels' pointer Rip Rap beat Edward 

 Gray's English setter Count Eric, 



Charlotteville Kennels' pointer Maid of Kent beat J. M. 

 Avent and Bayard Thayers English setter Chance. 



Richard Merrill's English setter Paul Bo beatB. Ridgway 

 and F. S. Bl'owu's English setter King's Mark. 



J. M, Avent and N. T. Harris's English setter Antonio a 

 bye. 



Second Series. 

 Antonio beat Rip Rap. 

 Maid of Kent a bye. Paul Bo wlthdi-awn. 



Fimd. 



Antonio beat Maid of Kent and won the prize, ^1,000. 



PHILADELPHIA KENNEL CLUB FIELD TRIALS. 



DEATONSVILLE, Va., Tuesday A. M. {Speciai to For- 

 eM and Strcom).— The attendance at the trials this 

 year is very light. Several members, including Me.ssrs. D. C. 

 Connell, P. &. Taylor and F. S. Brown, are detained at 

 home by sickness. Among tho.se present are Col. B, Kidge- 

 way, J. II. Winslow, Dr. Glass, J. C, Mitchell, L. Smith, S. 

 O. Bradlej"^, Chas. Barker, John AVhite, Major Taylor, J. F. 

 Johnson, Chas. Health, W. A. Coster, Col. Merriam and J. 

 O'H. Denny. The, Members' Stake closed with only five 

 entries, drawn to run as follows: Lena with King's Mark, 

 Sport with Ben Hur, Joe Lewis a bye. The opening day is 

 favorable for good work. K. 



THE ALBANY SHOW. 



Editor Forest and Stream: 



The New York and New England Poultry and Kennel 

 Club has perfected arrangements for holding its first show 

 at Albany, N. Y., Jan. 5 to 8, 1893, under A. K. C. rules, and 

 from the way entries are pouring in it promises to be a 

 "rouser." A number of well known kennels have made 

 entries for nearly all their dogs. 



The prizes are large, 810 to flr.st and $5 to second, and $10 

 for kennels of four best specimens, be.sides a long list of 

 cash specials on nearly every breed. No Yankee notions, 

 etc., but the cold cash, and as they have a large guarantee 

 fund, exhibitors will be sure of their money. 



The dogs will be benched with new clean benches and 

 everything will be done for the comfort of the dogs. That 

 noted judge, J as. Mortimer, will pass judgment on the 

 quality of the stock shown, and C. E. Rockenstyre, known 

 far and near as "Rocky," will superintend the dog.s, and T. 

 Gordon Lillico, a noted veterinarian from England, will care 

 for the health of the stock. 



The show will be held in the mammoth Lark street Rink 

 (Academy of Music), which is well lighted by electricity by 

 night, is well ventilated and heated, and all notable events 

 take place here. The club is composed of progressive breed- 

 ers, and nothing will be left, undone for the comfort of ex- 

 hibitors. The hotels and railroads will give rediiced rates 

 during the show. Send for prize lists, etc.. to me. 



C. i;.|RocKEKSTTKE, Press Com. 



Albajs v, N. Y., Dec. V^. 



PLAN FOR A BEAGLE KENNEL.— EUicott City, Md. 

 —^Editor Forest and Stream: Would your kennel editor or 

 isome reader kindly give in your columns a short description 

 and a working plan of a kennel to accommodate twelve 

 beagles, part of them puppies, and three setters '.' It is un- 

 derstood that an acre of ground will be given for the build- 

 ings and inclosnre, and the dogs to be kept confined to this 

 inclosure excei^t when hunting or out for exercise. The 

 owner desires to breed beagles for sale and his own use, and 

 desires to be as economical as possible in point of expense of 

 building. By giving such plans a great favor would he con- 

 ferred uoon myself and possibly others, who, likf myself, 

 possess littje or no mechanic!?.! skili.— ,S.\wTfEi J. l-'oirr, 



THE ALBANY DECISION. 



FOLLOWING we give the full text of the decision of the 

 Supreme Court of this State in Geo. B. Gallup vs. 

 August Belmont et al. This case, owing to the bearing it 

 hp.ci on other suits which would have been brought against 

 the A. K. C, assumes an Importance that cannot be over- 

 estimated. Owing to the decision and opinion, which we 

 give below, these suits have now been abandoned, and the 

 question as to whether a club can legally publish the names 

 of its disqualified members is definitely settled in the affirm- 

 ative: 



SUPREME OOURl'-GENEJRAL TERM, THIRD DEPART- 

 MENT, 



LEABNiaj, P. J., and Lanuon, J. 



Babaxoca, September, 1891, 

 GBOKaE B, GALiiUP, Respondent, ) 

 nijainst - 

 AoOtrST BeijMONt, et al. Appellants. ) 



Lowrey, Stone & Auerbach (Grosvenor P. Lowrey, of CounselJ 

 for appeltants. 



Parker & Fiero (J. Newton Fiero, of Counsel) for respondents. 

 OPINION. 



LEAltNKD. P. J.: 



The complaint charges that the defendanls, excepting Rogers, 

 were the members of the AtDerieau Kennel Club and publishers 

 of the A merican Kennel QazeJte; und that Rogers was the pilnter 

 of that newspaper; that the plamtifE was ,a memlier of the Albany 

 Kennel Ulub, and that sairt club in March, 1880, held a bench 

 shosv and awarded prizes; that in Febriiary, 1890, the defendants 

 published concerning plaintiff 'n, certain libel, which is set forth 

 at length. 



A second count, after stating ttio same preliiabiary mutter, 

 alleges the publication in ttie same paper, subsequently, of a cer- 

 tain other libel, also set forth at length. 



The defendants demurred to the complaint as not stating facts 

 sufhoient to constitute a case of action. The denmrrer was over- 

 ruled at Special Term, and the defendants appealed. 



The meaning ot the word.^i cannot be extended by inuendo be- 

 yond their natural import, aiiled by reference to the extrinsic 

 facts with which thf-y may be connected. Woodruff vs. Brad- 

 strt etCo., 116 N. Y.. ai7. 



The allegations in the complaint prelimiuary to the allegpd 

 libel arc useful to explain its meaning. But the yuestion 

 whether the publication is libeloxrs must be .judged by the publi- 

 cation itself. 



This is not a case where the publications were made in regard 

 to the plaintiff in connection with his busiuesB. The plaintiff 

 alleges that he is a librarian of the Young Men's Association for 

 Mutual Improvement in Albany, and that he holds many private 

 trusts. But this publication has no connection with this otHco of 

 librarian. Kven neglect to pay prizes awarded at a dog show 

 would not aiTeci one's competency to perform the duties of that 

 office. Nor do tliese private trusts constitute any trade or occri- 

 nation as to which these publications wpre msde. Moore v.'i. 

 Franeip, 121 N. Y., 199. Sanderson vs. Caldwell, 4.5 N. Y., -m. 



The question must be, then, whether these publications held the 

 pl.aintiff up to .scorn or rirlicule, or disgraced or degraded him in 

 f Liv, five« of men, or tended to do tlii.s. B'irgemon va. tlones, 91 N. 

 Y., .51. Moffatt vs. Oauldwell, 8 Hun., 26. Cooper v.s. Greeley, 1 

 Denio, 317. 



The words are not ambiguous, nor do thev permit of more than 

 one interpretation. Lewis vs. Chapman, 10 N. Y., 389. Hunt vs. 

 Beuneit. 19 N. Y.,17a. 



The plaintiff claims that the words published tend to degrade 

 him. Tiie defendants say that they have no such tendency. 



The liist publication purports, from its language, I o be the re- 

 port of some committee of the American Kennel Clnb, and the 

 action of the Executive tlommitlee tbereon. It states that the 

 Advisory Ccmniittee in September, 1889, nrdered the suspension 

 of the Allia.nv Kennel Club for non-payment of its prizes awarded 

 in March, 18S9; tliat. thirty days liad e.'£pired, and no official notice 

 of such payment had reached the ofticr : that President Belmnnt 

 had suspeiidefl all otHcers of said club, underEule 28, and that no- 

 tice to that effect had been sent to certain officers of that club, 

 naming them, among them the plaintiff. Thereupon the publica- 

 tion states that the secretary was instnicied by the Executive 

 Committee to notify these persons, naming them (in' luding the 

 plaintiff), "that t;hey are disqualifled until the awards given by 

 that club are paid in full." 



Now it is to he observed that there is no statement of any wrong- 

 ful act on the part of the person thus disqualified, it is only 

 stated that a club of which they were officers had neglected to 

 pay the prts^ies which had been awarded. And that no official in- 

 tormation had been subsequently received of such payment. 

 Neither of these persons is described as treasurer, and neither of 

 them is stated to have neglected any duty. It would seem that if 

 any kennel club does not pav its prizes, then the American Ken- 

 uei Club diFqualifies the officers. Or rather, to state the matter 

 more caretully, if the American Kennel Club is not officialiv noti- 

 fied of such payment, then it vote" such disqualiflcation. So that 

 the only charges against these officers is a failure to notifv the 

 Arof^rican Kennel Club officially of the payment of those prizes. 



The effect of such disqualiflcation is not set forth. What r.tiese 

 othoers are disqualifled from doing is not told to the public in the 

 alleged libel. The question here is not as to the actual effect of 

 the vote of the committee, but relates to the efl'eet on ttie public 

 of the publication, as to the character of the plaintiff. There is 

 nothing disgraceful in being disqualifled. Judges of the Court of 

 A ppeals and Justices of the Supreme Court are disqualifled from 

 acting at the end of the year in which they become seventy years 

 old. It would not be libelous to publish the fact that one of these 

 officers had become disaualifled to serve. 



The plaintiff, in his argument, says that the words charge him 

 with a failure to discharge a pecuniary obligation. But this is 

 not so. There is nothing whii-h charges that these prizes were 

 pecuniary obligations of the persons named, viz., the plaintiff, W. 

 0. Hudson, Amasa J. Parker and Robert C. Pruyn. If these 

 prizes were pecuniary obligations of these persons, there would 

 have been no hesitation as to their payment. To publish that a 

 judgment has been recovered against the plaintiff' was held not to 

 be libelous in Woodruff vs. Bradstreet, wf su'pro. Still less then 

 would it be libelous on this plaintiff' to say that some association 

 had not paid a debt of which association this plaintiff was an 

 officer. It is not charged that the non-payment was the plaintiff's 

 fault. We may infer that in the organization of the American 

 Kennel Club it is the rule that its privileges shall not be enjoyed 

 bv officers of any other club which has not paid its prizes. But 

 this rule and action under it impute no fraud or dishonesty of 

 these officers. Many causes f"r which these oflicer.s are not 

 responsible might prevent the club from paying. And if neither 

 the rule nor the action of the American Kennel Club makes a 

 charge of dishonesty, it cannot be that a pulilication of such action 

 gives publicity to any such charge. 



Nor can-such a charge be inferred from the mere statement that 

 for such non-payment by the association the plaintiff was disquali- 

 fied. Even if it be assumed that This word meant disqualifled from 

 some privilege of the American Kennel Club, there is nothing dis- 

 graceful in that statement. Ualess it were known what the quab- 

 flcations were for the enjoyment of such privilege, it would not 

 be disgraceful not to possess them. 



It would seem that prior to Dec. 19, 1889, the officers of this 

 Albany Kennel Club had possessed these privileges, whatever 

 they may i.ave been. They are stated to have lost them because 

 tlieir club (not they themselves) had not paii^ its awarded prizes. 

 If it had been published that this non-payment was owing to dis- 

 honesty or negligence of these officers, another question would 

 have arisen. But nothing of that kind appenrs. Nor does tb^ 

 publication mean, as alleged in the complaint, that the plaintiff 

 cheated and defrauded the exhibitors at the bench show. On the 

 contrary, there is nothing in the publication which implies that 

 the officers owed these prizes, or that the non-payment was 

 caused by them. 



The Sf cond count charges the publication of a list of pei'sons 

 headed "Disqualifled," and containing the plaintiff's name, fol- 

 lowed by an explanation thatno person under sentence of disqual- 

 ification caa exhibit or take a prize, or act a= agent for any person 

 at any show held by a member of the American Kennel (;lub. In 

 this, as in the former count, we must take the words for what 

 they fairly mean. They are not equivocal. The meaning of "Di^- 

 qaalified ' is here explained. It is thatfor some reason the Ameri- 

 can Kennel Club refuses to these persons the privilege of exhibit- 

 ing, etc., at any show held by one of its members. 



The plaintiff' avers that this publication set forth in the second 

 count -was intended to have it believed that plaintiff was dishon- 

 est, and that the Albany Kennel Club did not pay its awards, and 

 that t'le members thereof defrauded the exhibitors. Nothing is 

 stated in that publication as to the Albany Kennel Olub or its ex- 

 hibition. The article merely gives a list of the diequalified per, 

 sous, and explains what such persons may not do. It does not 

 state the oau=e of disqualification, po that if there U any injurious 

 effect- ih the publication, it is in that statement that these parsons 

 maj- -fipt do cei'ifvip. Can it fJten tend to disgrface n veimi 



to publish that he is not allowed to exhibit or take a prize at a 

 bench show held by a member of the American Kennel Club? Is 

 the exhibition at a bench show of this club such a very moral act 

 that to be excluded is disgraceful or disreputable? We think not. 

 If it were a matter of public knowledge that to exhibit or take 

 prizes at such a show required the possession of high intellectual, 

 moral or social qualities, then the publication of a statement that 

 one was disqualified might bo considered a statement that he did 

 not possess these qualities, and therefore "one calculated to in- 

 jure his character.*' 



The article is undoubtedly, as plaintiff claims, a statement that 

 he, not the Albany Kennel Club, is deprived of a privilege of ex- 

 hibitiDg. But this is no injurious statement. Construiug the 

 language according to (he principle laid down in Cooper vs. 

 Greeley, it imputes no vvronganing to the plairxtiff. And there is 

 not the ambiguity in the la.neuage which leaves it open for the 

 jury to give a construction to it. 



We are of the opinion that the interlocutory judgment overrul- 

 ing the demurrer should be reversed, and tha6 defendants should 

 have judgment on the demurrer, with costs. 



I concur, J. S. L. 



AMERICAN KENNEL CLUB MEETING. 



THE quarterly meeting of the Amei'ican Kennel Club 

 was held Bee. 10 at their offices, at 4A Broadway, New 

 York city. It was one of the best attended meetings the 

 club has yet held, drawn together no doubt owing to the 

 many important matters that had to be coosidered aiid 

 passed upon by the executive committee. 



There were fifteen delegates present, not including Mr. 

 Belmont, who was in the chair. 



The amendments proposed by Dr. H. T. Foote, under Art. 

 XIY. of the constitution were adopted with some slight 

 changes as follows: 



Bale XI 1. A dogstilfering from ((vac/zio) mange or any con- 

 tagious (or olyjcciiovnhlc) rii.«ease shall be disqualified, and 

 forfeit any prize which may have been awarded to it, and shall 

 be removed at once from the .show building. The regularly 

 appointed veterinary shall alone decide as to the condition 

 of the dog. and his decision must be giveti in writing. 



Rule XVII. Bench shovA' committees may provide (SllCh 

 classes fur dacis nf cstahlis'lied breeds (is tlicn ehoose). 



1. The Mi,scellaueous class sliall com[)ri.se all dogs_ for 

 which no resubir clas.s hart been provided in the Premium 

 Li.sts. Flnlrii's in ihis cluss vin.<i sjiaufu the irreed of the 

 exldJtUf ami It m ust he so p ahl i sited in tliC Cataloy ue. 



2, The Selling Class shall be for dogs to be sold for a max- 

 imum price, to be stated in the Premium List. An exhibi- 

 tor may catalogue his dog in this class for any sum less than 

 the maximum. 



'4. The No^'ice Class shall be for a breed for which a regu- 

 lar class haN been provided, and for competition in which a 

 dog .shall not have won a prize /*/, iin opeiL class at auy 

 Ainerican Kennel Club show, or which has not won (sucli) 

 a prize in a ret-ognizcd .show held in England or Canada. 



4. The Puppy Class shall be- for dogs oim- six months and 

 wilder twelve months of aije. 



5. The Open Class shall be for dogs of any age, which have 

 not already (jualilled for the Challenge Class, and for which 

 no Challenge Class has been provided. 



fi. The Challenge (;,'l3.ss shall be for all dogs having won 

 four fir.yt prizes in the open classes. A dog having won 

 three first prizes iii this dass (o/zc of n'iiieli shiill have been 

 won at It .s7ioi(' linviny lUit less tJtan -WO entries) shall have 

 the privilege of the title of champion, without further com- 

 petition. 



Rule XXI. Special prizes shall only he offered for dogs 

 iif estnhlished hrerds. /(/ic/uodog eligible for si)eeial prizes 

 can be withdrawn Iroin. competition, unless it has been 

 .stated mi entry blanks, ''Will not compete for special 



^*^Rule XXXUI. (Addmonal Bute.) No shon; shall extend 

 over four days, inclnding the last day of reecivinij and the 

 first dn^j of UberaPimj the exMhits. 



Note. — All clarrses iu italics are the added amendments. 



After this the qttestion of the New Jersey Kennel Club 

 was taken up. No one appeared for them. Mr. Richards 

 re.3d the charges formnl.ated by the advisory committee 

 against the N. J. K. C, which were as follow.'-': The under- 

 .signed, individually, and as the advisory committee of the 

 American Kennel Club, do hereby charge the New Jersey- 

 Kennel Club, one of the members of the American Kennel 

 Club,with conduct prejudicial to the \velfare of the associa- 

 tion, and do charge that the membership of said New .Jer- 

 sey Kennel Club, and the continuation of such membrship 

 is prejudicial to the welfare of the Ameriarn Kennel Club. 



SPECIFIC AT tONS. 



Speeiflcatiou 1. That whereas the executive committee of 

 the American Kennel Club did at its first regular quarterly 

 meetiiig, held on Sept. 2.5, 1890, impose a sentence of dis- 

 qualification upon one Charles J. Pcshall upon charges 

 theretofore made against said Peshall, due notice of which 

 sentence of disqualification was given to all the members of 

 said American Kennel Club, the said New Jersey Kennel 

 Club did thereafter, on or about the 15th day of May, 1891, 

 elect and appoint said Pe.shall to the office of President of 

 said New Jersey Kennel Club. 



Specification 3. That whereas the executive committee of 

 the American Kennel Club did at its regular quarterly 

 meeting, held on Sept. 2.5, 1890, impose a sentence of disqual- 

 ification itpon one Charles J. Peshall, upon charges thereto- 

 fore made against sai<l Peshall, due notice of which sentence 

 of disqualification was given to all the members of said 

 American Kennel Club, the said New Jersey Kennel Club 

 did thereafter, on or about the loth day of May, 1891, elect 

 said Peshall as the delegate and representative of said New 

 Jersey Kennel Cltib in the American Kennel t^lub. 



Specifications. That whereas after the said election and 

 appointment of the said Peshall as delegate and representa- 

 tive of said New Jersey Kennel Cluli in the American Ken- 

 nel Club, to wit, on or about May 25, 1891, said Peshall pre- 

 sented his credentials as such delegate and representative at 

 the regular quarterly meeting of the executive committee of 

 the American Kennel Club held upon said day, and said exe- 

 cutive committee declined to receive saidPei5hall as the dele- 

 gate of the New Jersey Kennel Club, and rejected his cre- 

 dentials, the said New Jersey Kennel Club did again re-elect 

 and reappoint the said Peshall as the delegate and repre- 

 sentative of said New Jersey Kennel Club in the American 

 Kennel Club 



Specification 4. That the said conduct of the New Jersey 

 Kennel Club, set forth in specification 1, and the said con- 

 duct of said New Jersey Kennel Club, set forth in siiecifica- 

 tion 3, is in each instance, and in all said instances conduct 

 amounting to a refusal to recognize the sentence of disquali- 

 fication imposed bj' the American Kennel Club upon said 

 Charles .J. Peshall, and conduct amounting to a refusal upon 

 the part of said New Jersey Kennel Club to abide by the 

 action of the American Kennel Club in imposing such 

 penalty, and conduct subversive of the authority of the 

 Ameincan Kennel Club in the performance of the f imctions 

 for which it was organized, and therefore hostile to Ameri- 

 can kennel Interests which said American Kennel Club was 

 formed to promote and protect. 



Dated New York, Nov. 9, 1891. 



(Signed) .John S. Wise, 



August Belmont, 

 .Tames L. Anthony, 

 Thos. H. Terry. 



The charges had been served by messenger on Mr. Geo. 

 Wilms, secretary of the N, J. K. C,, but no notice was 

 taken of them. In accordance with a motion passed at the 

 last meeting it wasi then tpo-ved and seconded that the New 

 Jersey Club be cx-peiled. :V vote v>"e3 then taken, which re- 

 ..^ulted iu the expiiisiotj oi the Mew Jersey Club by a practi- 

 pally uuaniilJoiiR yo^t), Ma?^. yfami^] fintj B, J^lossom 



