750 
EDITORIAL. 
Justice Davy at a trial term of the Supreme Court held at Bath, 
Steuben County, on the 5th day of January, 1897. It was in the 
case of the County of Steuben against Wood. The prosecuting 
committee of the New York State Veterinary Society caused ac¬ 
tion to be brought against John Wood pursuant to Chapter 860 
of the laws of 1895, for the illegal practicing of veterinary med¬ 
icine. 
The sole and only question involved at the trial was 
whether the dehorning of cattle was a surgical or nop-surgical 
operation. It was contended on the part of the plaintiff that 
it was a surgical operation, and that the defendant was guilty of 
a violation of the statute and was liable to the penalty of fifty 
dollars for each day’s practice. The defense claimed that it 
was a noo-surgical operation, and that any unlicensed persons 
could perform the operation for hire without violating any 
statute. The State Veterinary Society employed Lewis Cass, 
Ksq., of Albany, to prosecute the actiou. It was defended by 
the best legal talent in Steuben Coiinty. Upon the trial of the 
action, Prof. James Law, of the New York State Veterinary 
College, and Dr. Wm. Henry Kelly, of Albany, Secretary of the 
State Board of Veterinary Medical Kxaminers, were called as 
witnesses for the plaintiff. Both of these eminent gentlemen 
gave a very lucid and clear description as to what constituted a 
surgical operation, and although both were subjected to a very 
close and rigid cross-examination, the defense failed to shake or 
in any wise weaken the evidence given on direct examination. 
At the close of the trial the plaintiff’s attorney requested the 
court to direct verdict for fifty dollars, being one full penalty, 
which was done. A stay of sixty days was given for the defend¬ 
ant within which to perfect the appeal to the Appellate Divis¬ 
ion. This is the first decision under the law of ’95 upon this 
point. I11 fact, so far as we have been able to learn, it is the 
first decision of any court in the United States. This is a great 
victory for the profession. Mr. Cass feels confident he will be 
able to sustain the decision of Judge Davy before the Appellate 
Division. 
