The implication is immediately clear: For long stretches of American history, as Wilson details, minority groups and women were denied legal rights, and yet forward-looking courts, including the New York Court of Appeals, granted habeas corpus to members who were unjustly and inhumanly confined. Judge Wilson opens his dissent - it was a 5-2 ruling - with the stunning and sickening story of Ota Benga, a member of the Mbuti people who was put on display at the Bronx Zoo in the early 1900s, behind iron bars. The nonprofit believes the legal principle of habeas corpus, which protects people from illegal confinement, should be extended to Happy and some other animals. The Nonhuman Rights Project, which brought the case, wants Happy moved to a sanctuary where she'd have room to roam. "Her captivity is inherently unjust and inhumane." Self-determinative, autonomous elephant in the wild," writes Judge Jenny Rivera, in a dissent separate from Wilson's. "She is held in an environment that is unnatural to her and does not allow her to live her life as she was meant to: as a
The Wildlife Conservation Society, which runs the zoo, insists Happy is, well, happy but given the social and emotional needs of elephants it reasonable to have doubts. At roughly 50 years old, she lives alone in a 1-acre pen, near another elephant but separate. Whether Happy's life is better today is an open question. I can't speak for Happy, but it was a degraded existence for such a majestic, intelligent animal. In those days, thankfully bygone, the zoo's elephants were made to perform tricks and stunts, including tug-of-war competitions with college football teams. In 1977, she was purchased by the Bronx Zoo and brought to its Elephant House. Andrew Cuomo, makes a compelling and powerful case that his colleagues were thinking too small and ignoring the flow of legal history.īefore we get to that, some words about Happy: She was born a wild elephant yet captured at a young age and brought to the United States. Judge Rowan Wilson, nominated in 2017 by former Gov. The Morning Sentinel prices are: $1.30 daily, $2.30 Saturday/Sunday “Weekend Edition”.But this is one of those court decisions where the real action, legally speaking, is found in the dissent. In December 2009, the newspaper was criticized for firing one of its journalists who had made negative remarks about the gay-rights group Human Rights Campaign. Frank Blethen, a descendant of Seattle Times founder Albert Blethen, a Maine native, later called the purchase "the largest and riskiest investment in our history" but a necessary move to keep the newspapers from becoming part of a corporate chain. Gannett and his heirs-no relation to the Virginia-based chain called Gannett Company-held the three Maine dailies until 1998, when they sold them to The Seattle Times Company, which rechristened the chain " Blethen Maine Newspapers". Gannett's ownership also saw the paper become less politically biased. His holdings included the Portland Press Herald and, after 1929, the Sentinel's in-county competitor, the Kennebec Journal. In 1911, a financially ailing Davis sold the paper to bond holders ten years later, it was bought by Guy Gannett, who was in the process of building a newspaper, radio and television empire in Maine. Murphy-the Waterville Morning Sentinel, within a year, grew from a three-desk operation to requiring its own building, on Silver Street. Eugene Thayer, leavened by newspaper veteran Thomas F. Senator Charles Fletcher Johnson and future mayor L. Founded in 1904 by officials of the Waterville Democratic Party-Waterville mayor Cyrus Davis future U.S.
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