TO PROTECT INTERSTATE AND FOREIGN COMMERCE BY PROHIBITING THE MOVEMENT IN SUCH COMMERCE OF HORSES WHICH ARE "SORED," AND FOR OTHER PURPOSES WEDNESDAY, SEPTEMBER 17, 1969 U.S. SENATE, COMMITTEE ON COMMERCE, RESOURCES, AND THE ENVIRONMENT, Washington, D.C. The subcommittee met at 9:30 a.m. in room 5110, New Senate Office Building, the Honorable Joseph D. Tydings presiding. Present: Senator Tydings. OPENING STATEMENT OF THE CHAIRMAN Senator TYDINGS. The subcommittee will be in order. The Senate Commerce Committee's Subcommittee on Energy, Natural Resources, and the Environment today opens 1 day of hearings on S. 2543, a bill I introduced last July which is designed to end the widespread practice of deliberately making sore the feet of Tennessee walking horses in order to alter their natural gait. Tennessee walking horses are magnificent animals. They have a proud, high skipping gait or "walk." As a class they have become exceedingly popular and now number approximately 25,000. The "walk" may be achieved through patient, careful training and is the result of both the trainer's skill and the horse's natural breeding. Unfortunately, however, it was discovered about 20 years ago that, if the front feet of the horse were deliberately made sore, the intense pain which the horse suffered when placing his forefeet on the ground would cause him to lift them up quickly and thrust them forward, reproducing exactly the desired gait. This soring is usually done by applying a blistering agent, such as oil of mustard, to the pastern area of the horse's leg and by wrapping this area with chains or metal rollers. Then, during a show, the sore is covered by a boot, used ostensibly to protect the horse's foreleg, but now valued because it rubs against the sore and heightens the pain even further. The soring may also be accomplished in several other ways, but the effect is still the same. The walk, with its handsome stride-or "big lick" as it is known among walking-horse enthusiasts-is achieved Staff member assigned to this hearing: William G. Meserve. cheaply, without the long and difficult training period. It can make a mediocre horse perform like a champion. That this method of producing the "big lick" is a particularly cruel and inhumane practice does not matter. It has been used with increasing frequency by walking-horse owners and trainers who "sore" horses in order to achieve the desired gait and win the blue ribbon. It is ironic, but true, that the very people who profess the most liking for these great creatures are those who inflict them with great pain. S. 2543 would put an end to soring-something which the Tennessee walking-horse exhibitors have been unable to do by themselves. It would do so by prohibiting the interstate shipment of sored horses; by making unlawful the exhibiting of a sored horse in a horse show in which that horse or any other horse was moved in interstate commerce; and by prohibiting the holding of any horse show in which a sored horse is exhibited, if any of the horses in that show were moved in interstate commerce. The bill would impose a fine of not more than $500 or imprisonment for not more than 6 months, or both, for any person who violates its provisions. S. 2543 is a refined version of a bill I first introduced in May 1966 and then again, with a new Congress, in May 1967. To simplify enforcement programs, it focuses on the horse show, rather than on the individual horse which is shipped interstate. This allows the Agriculture Department to administer the law without unreasonable burden, and it properly places a responsibility on those persons conducting a horse show, as well as those who participate in it, to make sure that there is compliance with the law. The subcommittee hopes to explore in some detail this morning the problem of soring the Tennessee walking horse. We have a distinguished group of witnesses scheduled to testify, and we shall also recess to examine a sored walking horse which was recently sold at the Tennessee Walking Horse National Celebration in Shelbyville, Tenn. Before we call our first witness, however, I would like to place in the record at this point the text of S. 2543, a copy of the remarks I delivered in introducing it, and the agency comments on the bill. (The material referred to follows:) [S. 2543, 91st Cong., first sess.] A BILL To protect interstate and foreign commerce by prohibiting the movement in such commerce of horses which are "sored", and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Horse Protection Act of 1969". SEC. 2. (a) A horse shall be considered sored if, for the purpose of affecting its gait, a blistering agent has been applied internally or externally to any of the legs, ankles, feet, or other parts of the horse, or if burns, cuts, or lacerations have been inflicted on the horse, or if a chemical agent, or tacks, nails, or wedges have been used on the horse, or if any other method or device has been used on the horse, including, but not limited to chains or boots, which may reasonably be expected currently (1) to result in physical pain to the horse when walking, trotting, or otherwise moving, or (2) to cause extreme fear or distress to the horse. (b) As used in this Act, the term "commerce" means commerce between a point in any State or possession of the United States (including the District of Columbia and the Commonwealth of Puerto Rico) and any point outside thereof, or between points within the same State or possession of the United States (in cluding the District of Columbia and the Commonwealth of Puerto Rico) but through any place outside thereof, or within the District of Columbia, or from any foreign country to any point within the United States. SEC. 3. The Congress hereby finds (1) that the practice of soring horses for the purposes of affecting their natural gait is cruel and inhumane treatment of such animals; (2) that the movement of sored horses in commerce adversely affects and burdens commerce; (3) that horses which are sored compete unfairly with horses moved in commerce which are not sored. SEC. 4. (a) It shall be unlawful for any person to ship, transport, or otherwise move, or deliver or receive for movement, in commerce, for the purpose of showing or exhibition, any horse which such person has reason to believe is sored. (b) It shall be unlawful for any person to show or exhibit, or enter for the purpose of showing or exhibiting, in any horse show or exhibition, any horse which is sored if that horse or any other horse was moved to such show or exhibition in commerce. (c) It shall be unlawful for any person to conduct any horse show or exhibition in which there is shown or exhibited a horse which is sored, if any horse was moved to such show or exhibition in commerce. SEC. 5. (a) Any representative of the Secretary of Agriculture is authorized to make such inspections of any horses which are being moved, or have been moved, in commerce and to make such inspections of any horses at any horse show or exhibition within the United States to which any horse was moved in commerce, as he deems necessary for the effective enforcement of this Act, and the owner or other person having custody of any such horse shall afford such representative access to and opportunity to so inspect such horse. (b) The person or persons in charge of any horse show or exhibition within the United States shall keep such records as the Secretary of Agriculture may by regulation prescribe in order to enable the representatives of said Secretary to determine whether any horses were moved to or from such show or exhibition in commerce, the identity of the owner or exhibitor of any horse at the show or exhibition, and other facts necessary for the effective enforcement of this Act, and the person or persons in charge of any horse show or exhibition shall afford the representatives of the Secretary of Agriculture access to and opportunity to inspect and copy such records at all reasonable times. SEC. 6. Any person who violates any provision of this Act shall be fined not more than $500 or imprisoned not more than six months, or both. SEC. 7. Whenever the Secretary of Agriculture believes that a violation of this Act has occurred and that prosecution is needed to obtain compliance with the Act, he shall inform the Attorney General and the Attorney General shall take such action with respect to such matter as he deems appropriate. SEC. 8. The Secretary of Agriculture shall, in carrying out the provisions of this Act. to the maximum extent practicable, utilize the existing personnel and facilities of the Department of Agriculture. The Secretary of Agriculture is further authorized to utilize the officers and employees of any State, with its consent, to assist him in carrying out the provisions of this Act. SEC. 9. The Secretary of Afiriculture is authorized to issue such rules and regulations as he deems necessary to carry out the provisions of this Act. SEC. 10. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. [From the Congressional Record, July 2, 1969] S. 2543-INTRODUCTION OF TENNESSEE WALKING-HORSE BILL Mr. TYDINGS. Mr. President, I introduce today a bill designed to end the cruel and unnecessary practice of deliberately making sore the feet of the Tennessee walking horse in order to alter its natural gait. Man's inhumanity to man is both well known and widely evident. We need but look around us to witness its scope. Man's inhumanity to animals is equally well known yet perhaps less evident. Take, for example, the case of the Tennessee walking horse. Many of us at one time in our lives have attended a horse show and were thrilled to see these magnificent animals prancing proudly around a show ring. The Tennessee walking horse's back stride is long; its front feet barely touch the ground, springing upward for a long and dignified step or walk. With careful training the gait of a Tennessee walker can be developed and instilled in the animal so that its movement is not a trot or gallop, but rather a quick and highstepping walk. Hence the name. However, unscrupulous owners and trainers of these horses have discovered that if the front feet of the Tennessee walking horse are deliberately ade sore, he will lift them quickly and take a long striding step forward. This of course is the desired gait. The practice of purposely making the feet sore, commonly termed "soring," makes unnecessary the long and difficult training period usually required for the Tennessee walker. Why bother to train a horse when you can induce the gait artifically? Soring is done by use of chains or tacks on the feet, or by applying a burning agent to the pastern, the area just above the hoof. These burning agents vary, but the most common are an oxide of mercury salve known as "creeping cream,” and an oil of mustard mixture called "scooting juice." Other techniques recently developed involve driving nails into the feet, or injecting irritants into the sole area near the heel. These are more difficult to detect, especially as the trainers often then cover the wound with a pad and place an artificial foot over that. The horse moves in extreme agony, crouching on his hind feet with his head drawn back and the ears back. Often the pain is so severe that the horse will try to lie down in the ring. Soring is a cruel practice and deserves to be prohibited. The bill I am introducing today does this. It makes unlawful the shipping in commerce of any sored horse for the purpose of exhibition. It prohibits the showing of sored horses that have moved in commerce. It provides that any horse show in which sored horses, that have moved in commerce, participate is forbidden. The bill carefully defines soring and declares it to be a cruel and inhumane practice. The bill provides that the Secretary of Agriculture may prescribe regulations necessary for proper administration of the act. He may make inspections of horses or horse shows. He is directed to notify the Attorney General of violations and may utilize officials in carrying out the act if he so desires. The bill provides a fine of not more than $500 and/or imprisonment of not more than 6 months for violations of the act. The thrust of the bill is to focus on the horse shows rather than simply the interstate shipment of the sored horses in order to provide the Secretary of Agriculture with a legal vehicle that can be administered without unreasonable difficulty. On May 11, 1967, in the first session of the 90th Congress I introduced legislation designed to eliminate the practice of soring. The measure was unfavorably received due to the opposition of the Department of Agriculture. The Department objected on two counts. The first was substantive: The practice was limited and the States would soon prevent the soring that was taking place. The second was administrative: A prohibition on interstate shipments alone would make it difficult, if not impossible, for the Department to carry out the act. It could not post officials at railroad stations or on highways to check for sored horses. After reviewing the situation, however, the Department now feels that the del berate soring of horses to affect their natural gait is a widespread practice, sufficient to warrant national attention. It recognizes the failure of the States to act and can now justify the need for Federal legislation. The second objection of the Department has been met by redrafting the legislation. With the helpful assistance of the USDA, the bill is now worded to focus attention on the showing and exhibition of sored horses rather than restricting the prohibition strictly to the interstate shipment of such animals. The constitutional basis of Federal jurisdiction remains the same, interstate commerce, but the administrative focus has been switched. It is true, Mr. President, that officially the relevant, responsible, private organizations prohibit soring. The American Horse Show Association and the Tennessee Walking Horse Breeders and Exhibitors Association of America both condemn the practice. But soring continues nevertheless. The exhibitors and trainers who practice this cruelty claim that they have to do it in order to win a blue ribbon. If they do not, others will, and in any case some judges preferred sore gaits, it is claimed. The judges say the practice has always been permitted. The local organization says it is up to the national organization, which of course wants to do something, but says it is bucking a stone wall. It is time to move beyond the buck passing and inaction and simply prohibit the practice of soring. It is a particularly cruel practice, harmful to the animal and denigrating to the individual inflicting the pain. It is not even necessary as Tom Fullerton, executive secretary of the Tennessee Walkin Horse and Breeders and Exhibitors Association of America has stated. Soring is a cheap substitute for careful training. By no stretch of the imagination is it necessary. I should like to add that in neither intent nor language does the bill I introduce today prohibit the blistering of race horses for medicinal purposes. The bill is limited to soring which as I have said is clearly defined in the bill itself. Soring as a practice should have been outlawed years ago. It is a debasing and unnecessary cruelty. It requires Federal prohibition. Mr. President, I am delighted that Senators Case, Goodell, Gravel, Moss, Nelson, Proxmire, Pell, Randolph, Spong, Thurmond, Yarborough, and Young of Ohio join me in cosponsoring this important legislation. The PRESIDING OFFICER. The bill will be received and appropriately referred; and, without objection, the bill and articles will be printed in the RECORD. The bill (S. 2543) to protect interstate and foreign commerce by prohibiting the movement in such commerce of horses which are "sored," and for other purposes, introduced by Mr. Tydings (for himself and other Senators), was received, read twice by its title, referred to the Committee on Commerce. DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY, Washington, September 17, 1969. Hon. WARBEN G. MAGNUSON, DEAR MR. CHAIRMAN: This is in reply to your letter of July 9, 1969 requesting a report on S. 2543. The bill is entitled "To protect interstate and foreign commerce by prohibiting the movement in such commerce of horses which are "sored", and for other purposes." A horse is sored if, for the purpose of affecting its gait, a blistering agent has been applied internally or externally, or if burns, cuts, or lacerations have been inflicted on the horse, or if a chemical agent, or tacks, nails, or wedges have been used on the horse, or if any other method or device has been used on the horse, which may reasonably be expected to cause physical pain to the horse when moving or to cause extreme fear or distress to the horse. In administration of the bill, if enacted, we would consider that the presence of heat, swelling, redness, or other evidence of inflammation or loss of function of any part of the horse is evidence of the existence of physical pain in the animal within the meaning of subsection 2 (a) of the bill. The practice has been identified with, but is not necessarily limited to, the Tennessee Walking Horse. The purpose of soring is to accentuate the natural gait of the horse and produce a high action of the forefeet. Available information indicates that the practice of soring is conducted in most states where shows or exhibitions involving Tennessee Walking Horses are held. Under the bill, it would be unlawful for any person (a) to ship, transport, or otherwise move, or deliver or receive for movement, in commerce, as defined in the bill, for the purpose of showing or exhibition, any horse which such person has reason to believe is sored; (b) to show or exhibit, or enter for the purpose of showing or exhibiting, in any horse show or exhibition, any horse which is sored if that horse or any other horse was moved to such show or exhibition in commerce; and (c) to conduct any horse show or exhibition in which there is shown or exhibited a horse which is sored, if any horse was moved to such show or exhibition in commerce. For enforcement purposes, representatives of this Department would be authorized to make necessary inspections of any horses which are being moved, or have been moved, in commerce, as well as inspections at any horse show or exhibition within the United States to which any horse was moved in commerce. The owner or other person having custody of any such horse would be required to afford such representatives access to and opportunity to so inspect such horse. This Department would be authorized to prescribe regulations for the keeping of records by the person or persons in charge of any horse show or exhibition in |