directly concerned with a business have failed and when state regulations have failed. As long as the abuses with an industry are being corrected by those directly concerned, we believe that federal legislation should not be enacted. Especially is this true in the walking horse industry, where such dramatic and effective improvements have been made in the last two or three years. If matters are not further greatly improved after a reasonable period of allowing those directly concerned to have an opportunity to improve the industry, then state regulations should next be resorted to. Only after those directly involved in an industry and state regulations have failed, should federal regulations be adopted.

Senate Bill No. 25-13 of the 91st Congress, 1st Session, introduced on July 2, 1969 is so severe in its restrictions on what can be done with or to a horse that it would eliminate almost everything being done with or to a horse. This bill, if enacted, in its present form, would eliminate the entire horse industry. The Walking Horse Trainers Association does not feel that any legislation should be enacted at this time when great improvements are now being made within the industry. Certainly the extreme limitations set forth in Senate Bill No. 2543 should never be enacted.

We believe that reports from unbiased persons will substantiate our contention that great improvements have been made within our industry by those directly concerned and without statutory requirements being implemented. Various humane society representatives have been in attendance at horse shows for the past several years and will substantiate these great improvements. Within the past few days, our association has received letters from animal humane associations commending us on the improvements which have been achieved.

We believe that it is still possible to find many abuses, but we ask that you look to the great improvement that has been achieved and allow those directly concerned with the horse industry to have further time in which to make other and more inclusive improvements of what has been a bad situation, but is now much better. Other groups, such as professional baseball, professional football, professional basketball, professional ice hockey and other sports which have involved abuses of one kind or another have been permitted by our federal government to take corrective measures from within rather than being subjected to federal legislation. We feel that the horse industry is entitled to a full opportunity to put its own house in order before federal legislation should be enacted.

Senator TYDINGS. Do you feel, Mr. Short, that it is impossible to train or to show a horse in a Tennessee walking horse class unless a blistering agent has been applied internally or externally to one of its legs, ankles, feet, or other parts of the horse?

Mr. SHORT. I do not.

Senator TYDINGS. Do you feel that it is impossible to show a Tennessee walking horse unless burns, cuts, or lacerations have been inflicted on the horse?

Mr. SHORT. No, sir; I do not.

Senator TYDINGS. Do you feel it is impossible to train or show a Tennessee walking horse unless a chemical agent or tacks, nails, or wedges have been used on a horse?

Mr. SHORT. No, sir; I do not, but I take some reservation to the term "tacks, nails, and wedges." There have been no devices found by which the shoe can be put on a horse without using nails and tacks. I think we all agree with the intent of the bill, but some of the terminology of the bill would, in my opinion, eliminate not only the Tennessee walking horse but it would render all breeds of horses practically useless.

Senator TYDINGS. I will refine my statement and say: Would it be impossible to show a Tennessee walking horse unless a chemical agent or a tack or nail or wedge which inflicted pain on the horse was used? Mr. SHORT. It would not be impossible to show without that. Senator TYDINGS. Do you feel it is impossible to show a Tennessee walking horse in a show unless that horse has been subjected to chains

or boots which may be reasonably expected to produce physical pain to the horse?

Mr. SHORT. No, sir, it would not be impossible to show without those; although the boot, if I may add, is intended for a protective agent.

Senator TYDINGS. Yes; I understand the purpose of the boot.

Mr. SHORT. In other words, the horse will hit himself with his hind foot and cut himself sometimes, and that is the real intention of the boot.

Senator TYDINGS. Thank you very much, Mr. Short. We appreciate your statement and we appreciate the fine work you are doing, and I hope you will pass it on. Mr. Seigenthaler has told me of the leadership Mr. Thompson has provided for the industry. Regardless of the outcome of this, we encourage your group to continue its good work.

Mr. SHORT. If I may be permitted-if I am out of order you can tell me to comment on another phase or two of this bill? Senator TYDINGS. Surely.

Mr. SHORT. On page 2, line 6, the words "fear and distress" are used, and it is commonly known among horse people that certain horses have to be subjected to some fear and maybe some distress, particularly stallions and particularly some other horses. The nature of the individual horse dictates the requirement there. And the terminology of the bill, as I see it, would prevent your using a crop or a whip or a spur on a horse.

Senator TYDINGS. Except that those two phrases are tied in to the use of a blistering agent, applied internally or externally; burns; cuts or lacerations; chemical agents; tacks; nails; or wedges; chains; or boots. In other words, there would be no prohibition on using a chemical agent or tacks or nails or wedges unless they could reasonably be expected to produce physical pain to the horse when walking, trotting or otherwise moving, or to cause extreme fear or distress to the horse. In other words, the "extreme fear or distress" clause relates only to the provisions above-to the soring for the purpose of affecting a horse's gait.

We certainly think your point is a good one, though, and we will deal with it in the report. But I know the problems with stallions. I know the problems with some other horses; they are bullheaded and stubborn and you may have to carry a crop always. But this language relates only to efforts to sore for the purpose of affecting a horse's gait.

Mr. SHORT. It has also been pointed out heretofore by some witness that paragraph (c) on page 3, beginning with line 8, speaking of applying a criminal charge-this appears to me to be against horse show management for an act of someone else.

Senator TYDINGS. I think you heard the dialog between Mr. Yenser and myself. We are going to try and rephrase that. I think his point was well made. If management reasonably makes an effort, such as having veterinarians who would exclude sored horses, that would be all they would be expected to do. Just a good faith effort, I might add. The Tennessee penalty is stiffer than that in this bill, you know. Mr. SHORT. I acknowledge the fact that these things exist. They have been existing. They continued to worsen over a period of several years.

But a year and a half ago the Walking Horse Trainers Association was formed for the purpose of cleaning up the walking horse busi

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ness. And since that time it has improved a lot. We think, if given an opportunity, we can continue to improve it, and we will; and that we can more effectively deal with this than legislation because, after all, it is the livelihood of the trainers that's at stake; and by necessity they are going to have to clean this thing up.

Now, I realize that the things you have seen and the things you have heard are not beautiful pictures. But I do feel that they were the extreme cases and not the rule as to conditions that you have seen and heard about here this morning.

In the celebration, although they only showed you pictures of a few horses, there were 1,700 or 1,800 horses there-and I may be out of order in doing this; I do not have counsel representing me or any other person representing me, but the man who presented the pictures and gave the story of those pictures did not qualify himself, in my opinion, to speak on that; and he certainly did not qualify himself to speak on the medical agents that he spoke of being used.

Now, Senator Tydings, I would like to offer two letters that appeared in the Sunday Journal, the weekly walking horse paper, dated August 24, 1969, and August 29, 1969; one from the American Humane Association; the other one from the Humane Educational Society. Both letters acknowledge the accomplishments attained by the Walking Horse Trainers Association in cleaning up the sore horse problems. I would like to present these two letters to be made a part of the record.

Senator TYDINGS. Certainly. We will incorporate those letters in the record at the conclusion of your testimony.

(The letters follow :)

HUMANE SOCIETY THANKS TRAINERS FOR COOPERATION

The Humane Educational Society of Chattannoga, Tennessee, Inc. has congratulated the trainers and the Tennessee Walking Horse Trainers Association for their cooperation and efforts "in helping to keep the Tennesseee Walking Horse Celebration clean."

The letter said:

Mr. VIC THOMPSON,
Shelbyville, Tenn.

DEAR VIC: This is to acknowledge your invitation to dinner August 31, 1969 at the Triangle Community Center being held for the Trainers Association. will try my best to attend this dinner meeting, however, I will have to rearrange my schedule in order to do so.

Let me take this opportunity to congratulate you and all the other trainers for the fine job being done in helping to keep the Tennessee Walking Horse Celebration Clean. I feel many problems have been worked out by your organization in the past and this will continue in the future if other problems arise. Let me express my personal thanks, as well as others from our organization, for the cooperation and help the trainers have given us. I feel we now have a good relationship and we are looking forward to this even being strengthened in the future.

Again, let me re-emphasize and congratulate you and your people for the fine job being done and express our desire to cooperate and help in any manner possible.

I am looking forward to seeing you again in the Tennessee Walking Horse Celebration in August.

In kindest regards, I remain,

Very truly yours,

(Sunday Journal, Aug. 29, 1969)

ARTHUR L. CHADWICK, Superintendent.

AMERICAN HUMANE GROUP LAUDS TRAINERS

Mr. VIC THOMPSON,

President,

Tennessee Walking Horse Trainers Association.

DEAR VIC: Thank you very much for the invitation to attend your get together at the beginning of the Celebration. I am very sorry that a pile-up of urgent matters here at headquarters, partly caused by the necessity of taking considerable time this week to coordinate rescue and relief activities as a result of the hurricane, will prevent me from being there.

I certainly appreciate your interest in working with our representatives. I want you to know that I believe the action taken by the Tennessee Walking Horse Trainers Association immediately after its formation, as well as that of the breeders and the American Horse Shows Association, has brought about considerable improvement in the problem that bothered us all. Member agencies and our own staff people involved with inspection of Tennessee Walking Horse classes at shows throughout the country have noticed a considerable improvement in the condition of the animals being shown and have received whole hearted cooperation from officials and most of the participants.

Since we are involved with individuals in dealing with our common concern with problems, we recognize that this situation which existed a few years ago will not disappear over night. It will take the cooperation of all in supervising to insure that the rules applying to each show are fairly enforced.

The actions in the formation of the Tennessee Walking Horse Trainers Association and the adoption of rules parallel to those of TWHBA and ASHA gave a strong impetus to bringing about the improvements which have taken place. Kindest personal regards,

Cordially,

RUTHERFORD T. PHILLIPS, Executive Director.

Senator TYDINGS. Thank you, Mr. Short; and again let me say that as a man who has been with horses all my life, and I have though I let my children shovel the manure now-I appreciate the efforts that your association is making. We are striving for the same objective. Mr. SHORT. The only thing we would like for you to do is just give us a little more time. If we don't clean it up, then you can clean it up. I think we can do the job if afforded the time to do it.

Thank you very much.

Senator TYDINGS. Thank you very much for being with us, Mr. Short.

Senator TYDINGS. Mr. Frank McMahon, director of field services, the Humane Society of the United States.

We are delighted to welcome you. We will incorporate your statement in the record in its entirety. Since you have to catch a plane, you may emphasize any points you wish without being repetitive.

STATEMENT OF FRANK MCMAHON, DIRECTOR OF FIELD SERVICES, THE HUMANE SOCIETY OF THE UNITED STATES, WASHINGTON, D.C.

Mr. MCMAHON. I will only take a minute of your time, Senator. I just want to comment on one thing in particular.

Thank you very much for incorporating my statement into the record.

As director of field services, I am involved very closely with enforcement procedures, and very often with cruelty charges and cruelty

cases.

We have heard from two gentlemen objecting to your section 4(c). May I say that I hope that you will be very careful if you do rewrite

that section, because this situation has not been cleared up by the people responsible, and there is a difficulty of enforcement.

We have heard that this might cancel the Tennessee walking horse classes. I personally do not think it will; but even if it did, it would be better that these classes be cancelled than these horses be subjected to the brutality that they have been.

In attempting to prove cruelty to a Tennessee walking horse, you can imagine the difficulty of proving, even if you find a horse with blood running down its pastern, who inflicted the actual wound. Was it a stable boy? Was it an owner? Was it a trainer? It is very difficult to go before a judge and to get a conviction.

In 1960 we did obtain a conviction against an owner of a Tennessee walking horse in Lynchburg, Va., but it was no easy case; and this would be one of the most difficult things to prove.

I would simply like to say that the Humane Society of the United States supports your legislation wholeheartedly, and I say that on behalf of our membership. I sincerely hope the committee will give a favorable report on it because it has been sorely needed for a long

time.

Thank you, Senator.

Senator TYDINGS. Thank you.

Mr. MCMAHON. If you have any questions, I will try to answer

them.

Senator TYDINGS. I just might say that I have never been involved with Tennessee walking horses, but what they do to the Tennessee walking horse is even worse than the poling of the open jumping horses. That is the area in which I used to compete.

Thank you, Mr. McMahon.

(The statement follows:)

STATEMENT OF FRANK J. MCMAHON, DIRECTOR OF FIELD SERVICES,
THE HUMANE SOCIETY OF THE UNITED STATES

Mr. Chairman, gentlemen of the Energy, Natural Resources, and the Environment Subcommittee of the Senate Commerce Committee, I am Frank J. McMahon, Director of Field Services for The Humane Society of the United States.

In my capacity as Director of Field Services I have had occasion over the last ten years to attend many horse shows and particularly Tennessee walking horse shows. Perhaps more important to my testimony, however, is the fact that for many years I rode in horse shows in New England. I have ridden hunters, open jumpers, and showed horses in polo pony classes and gaited classes. For many years I owned and cared for my own horse.

Because of this background, I am familiar with behind the scenes actions at many horse shows. Many things are done to performing animals to assure that their performance will be as spectacular as possible. For example, the poling of jumping horses. This consists of two men holding a pole during practice sessions. As the horse jumps, the pole is raised to knock the horse's legs assuring that the next time, because of the pain, it will jump higher. In gaited classes. ginger is often inserted into the rectum of the horse to assure that the tail stance will be proper.

These things are minor, however, in comparison with the brutality and shocking cruelty that is inflicted upon the breed of horse known as the Tennessee Walker to assure a spectacular performance.

I do not mean to imply that the owners of all Tennessee walking horses treat their animals in a cruel manner. Those people who are genuine lovers of horse flesh are as shocked and appalled by the actions of unscrupulous trainers and owners as we all are. Many fine and wonderful people own Tennessee walking horses and are very firmly dedicated to these animals and dedicated to improving the breed and the gait. Perhaps the best example of this are the beautiful and