S. P. C. A. and Dog Licenses. 
The latest phase of the recurrent litigation 
s to whether the American Society for the 
revention of Cruelty to Animals is or is not 
xercising unconstitutional powers in capturing 
nd destroying dogs and collecting license fees 
hich become a part of its treasury, is the legal 
roceedings instituted by Borough President 
ird S. Coler, of Brooklyn. Mr. Coler seeks 
] n injunction against the society, restraining it 
■orn destroying his valuable Irish setter, Brian 
oru. 
The case in brief is as follows: President 
oler contended that the society was exercising 
nconstitutional powers, and has refused to pay 
le license fee demanded by the society. The 
tter secured possession of his Irish setter dog 
i May last. Brian Boru was found in the street 
ithout a license tag and was subjected to the 
dignity of imprisonment in what is euphon- 
| usly called the shelter, known in Sing Sing, 
1 iwever, as the death chamber. Mr. Coler was 
I ily notified that death awaited Brian if the fees 
id license were not paid within the time limit. 
Mr. Coler refused to pay the fees and license 
id secured a temporary injunction from Su- 
: erne Court Justice Dickey, which forbade the 
■ciety to kill the dog. 
On Thursday of last week Justice Kelly made 
! e temporary injunction permanent, pending a 
I ial as to the constitutionality of the act. In 
e meantime Brian Boru remains in possession 
the society, and as he is valued at $2,500 he 
receiving the best of care, is a source of much 
receiving the best of care, and is a source of 
I uch anxiety. 
In making the hi junction permanent, Justice 
elly discussed the dog license act in part as 
Hows: 
“By destroying homeless, wandering dogs the 
! igislature, in effect, declares that the danger 
the public is lessened, and this act is intended 
carry out that purpose. Granted that the 
ject is reasonable, I do not see the logic in 
j a defendant’s license and .tag. The danger to 
a public would appear to be as great from a 
I g duly licensed and tagged as from plaintiff’s 
‘ g. I do not see how the object intended by 
r - Legislature is accomplished by the tag. If 
| dog bites, the fact that he is tagged or not 
1 Iged does not appear to be important. A dog 
tged and roaming the streets may become in- 
:ted as well as a dog having an owner and 
iome, but unlicensed. 
I do not believe that the Legislature can vest 
i y such power as is sought to be conferred 
' "e in a private corporation. The agents are 
1 ;ted with powers greater in some respects than 
! Hie officers bound by oath and responsible to 
public. I think the public health should be 
! itected by the State or the municipality, act- 
through their duly designated representa- 
i-s,. 
There can be no question as to the power of 
Legislature to provide for the licensing of 
• ?s, or for the protection of the citizens by 
appropriate regulations and rules governing the 
keeping of dogs, but great danger may result 
from delegating to these private corporations 
duties which belong to the public and which 
should be performed by public officers. The 
Legislature may delegate duties to individuals 
which cannot be delegated to corporations. 
“Without questioning the good that has been 
done in many cases by such associations, when 
it comes to interference with the person or prop¬ 
erty of the individual, I doubt whether the prin¬ 
ciple is right. It seems wrong that, in this case, 
the plaintiff’s dog should be kept from him and 
put to death unless he pays money to the de¬ 
fendant corporation, which, as far as I can see, 
is not subject to report to the State or munici¬ 
pality, or to control in its work by. any branch 
of government. I think these questions should 
be deliberately tried out and decided.” 
It is likely that in the trying out of the issue 
—and it is expected that it will be tried out, as 
the matter is of importance to many thousands 
of dog owners who contend with Mr. Coler 
that the society has no real right to collect a 
tax—the question will be carried up to the Court 
of Appeals. 
Hunting the Moose. 
Hunter! The moon’s full splendor 
Rides in the zenith high; 
t\ hilst myriad stars attend her, 
Queen regnant of the sky. 
In glorious pride ascendant, 
She queens it o’er the night; 
With glory for attendant 
Diffuses she her light. 
Upon the wave it dances, 
It glints upon the stream, 
And from the rocks it glances 
With soft, illusive beam. 
Hunter, the hoar frost glistens 
On grass and fern and tree!— 
The moose in covert listens, 
Alert, and keen is he. 
The air is crisp, the morning 
Will soon dawn in the sky— 
Be cautious, else a warning 
You’ll send the stag that’s nigh. 
Hunter, wind your birchen call, 
And wake the sleeping wood, 
With a long and wailing cry 
That stirs the solitude. 
The quarry hears your challenge, 
He lifts his antlered head, 
He bellows a responsive call 
And leaves his mossy bed. 
He takes his way with vigor, 
He tops a neighb’ring rise— 
A silhouetted figure 
Against the morning skies. 
Now, rise to the occasion! 
He’s coming with a rush; 
He needs no more persuasion— 
A shot, a thud, a hush! 
C. T. Easton. 
Do No! Want to Miss an Issue. 
Essex, Conn .—Editor Forest and Stream: Please inform 
me when my subscription to Forest and Stream ex¬ 
pires. I have become much attached to it and look 
forward with a great deal of pleasure to its weekly visits, 
so do not want to lose a single number.—G. W. C. 
A Day s Shooting in Argentina. 
The spring of 1907 found me in the city of 
Rosario, Argentine Republic, previous to re¬ 
suming my northward journey, and I was find¬ 
ing time to lay heavily on my hands when I had 
the great good fortune to be introduced to a 
charming young Italian merchant—Signor Carlo 
Podio—who, with the ready hospitality of his 
race to a stranger, invited me then and there 
to take dinner with him. I accepted readily, and 
on reaching his house that evening, was greeted 
by a pair of very handsome shooting dogs. 
This naturally led to an inquiry about sport and 
I discovered with pleasure that my host was an 
enthusiastic devotee of Nimrod. 
Before the evening was ended we had 
aiianged to take a run to the fields together, and 
he had promised me a day’s shooting such as I 
could not enjoy in many places. I had my own 
gun, which accompanies me on all my travels, 
and Signor Podio was kind enough to place 
his kennel at my disposal. 
In the early morning of March 25 we took a 
train to Roldan, a small village about an hour’s 
ride !rom Rosario. I was very much amused, 
when it came to buying railway tickets, to find 
that in Argentina dogs travel a good deal as 
men do. The cars have first and second class 
compartments, and in the latter you are allowed 
to take your dogs with you and give them a 
seat beside you, provided you have secured a 
ticket for them. It is the accepted thing and 
no one thinks of objecting to it. 
And while on the subject of dogs, a word 
about Signor Podio’s. He, as well ’ as most 
others in Argentina, use the Italian spinone, a 
type much resembling the French griffon. 
These dogs are built a good deal like a pointer, 
but are heavier throughout, and the fact is ac¬ 
centuated by a hard, wiry coat that sticks out 
aggressively, making them seem even heavier 
than they really are. They are good all-round 
hunting dogs and particularly well adapted to 
water work. The Rosarians teach them to 
point, follow and retrieve and one could not 
wish for a more intelligent or obedient breed. 
Their only fault is lack of speed. They amble 
about at a slow trot, not covering half the terri¬ 
tory that would a fast pointer or setter; but 
while this would be an unpardonable drawback 
on our great open prairies, it is really an ad¬ 
vantage in Argentina. Game is very plentiful 
there, and often found in tall, thick grass, where 
a galloping dog would probably overrun half 
the birds. A careful, painstaking plodder gives 
the best results under the conditions. 
_ My companion had with him a good looking 
five-year-old that answered the name of Turin, 
and his son Bizar, a six-months-old puppy who 
was taking his first country trip. 
-^■t the station of Rotal we were met by a 
curious rural conveyance on two wheels which 
took us to a nearby restaurant, and after eat¬ 
ing a hearty lunch, we set out for the shooting • 
giounds. We did not get there by carriage, 
however. The torrential rains of the previous 
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