The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1877-09-20
Believing BoVlNES.
The Texas Fever Rampant Amongst
our Cattle.
The Laws Made and Provided for
Such Cases.

For the past two weeks, our dairyTnen and
farmers have become much alarmed over the
terrible ravages of the Texas fever, which
has suddenly broken out among their stock,
and is killing them of in large numbers. To
see from whence this terrible epidemic could
have started, a reporter of THE TIMES called
on several dairymen, yesterday, and from
them learned how the disease happened TO
break Out In this county.
IL Seems that during the railroad strike,
Messrs. McKibbon and Bare, two well-known
stock men, shipped large number Of cattle,
known "Indian stock" to Kansas City,
where they hoped to sell them, but the rail-
roads were bIockaded, and 10 keep
the cattle in. the stock yards at that place
would simply be rIination, and they con-
cluded 10 drive them b:-ck into Kansas until
the barricade was raised. The cattle were
driven to the grazing grounds, about three
miles south Of the city, and were allowed to
mingle with the herd belonging 10 the
farmers and dairymen living in
that vicinity. Mr.. ]. f. Kreybill
the well-known dairy man, who has fifty
head OF milch cows, was the first TO discover
the disease. Several OF his cows were taken
sick, and lac upon examination found that
his cattle Were grazing on the same grounds
occupied by the foreign stock. He immedi-
ately stopped herding them in that vicinity,
but the fever had done its work, and all Of
his cows more or less effected
and up to noon 10 day Ia has
| lost twrnty-one head OF a. fine mitch
cows were ever brought into the state. All
the native cattle belonging TO the farmers in
| that vicinity are more or less affected with
| the fever and il is said when a COW is once at
| tackled there is nope for her recovery.
one very singular thing about the disease
| Is that cattle from Texas or the Indian Ter
! ritory are not visibly affected by
| it, but If native cattle are
| are allowed TO Craze on the same ground
| with them, they are invariably "tallen
| down" bp the fever and die.
| When a COW is first attacked, she losses her
| APPETITE and is inclined to keep her head near
the ground. Her eyes assume a dead appear
| ance, and generally on the second day her
| URN turns to blood and she dies.
The cattle that caused such devastion
were shipped TO st. Louis on Wednesday, and
have eluded all efforts of the officers 10 cap
ture them. The following is
THE LAW:
wH.REAs, A disease, both contagious and
deadly, commonly known as ''Spanish fever
| is almost invariably communicated 10 the ma
tive and other cattle ofthe State OF Kansas by
/ contact with cattled raised in and brought
| from the Indian country south OF Kansas and
the State of Texas, where said disease exists
among cattle in cifculent form; and where
| as said disease is most contagious in the
| spring and summer months, therefore, as "A
| sanitary measure for the protection OF the cat
| tie OF the State from the rivaSes OF said dis
| ease;
BE 1t enacted by the Legislature Of the STATE Of
| Kansas:
Il ...ar n
/ No person shall be allowed TO drive or cause
| to be driven into through any part of the
State of Kansas, between the first day OF
March and the first day of November of each
| year. any cattle from the country south of
| Kansas, commonly known as the Indian eat
tie, or Texas cattle: = Pr0ridsd. That this re-
| striction shall not be construed TO apply to
/ apply to any cattle that may have been
| brought into the State from said country
| south of Kansas between the first day of No
| vember in any year and the first day of March
| following. Any person violating the provis.
| ions this act shall, on conviction thereof,
be deemed guilty of "A misdemeanor, and for
| the first oiiense be punished by n fine OF not
| less than one hundred dollars nor more than
one Thousand dollars, or by imprisonment IN
| the county Jail not less than thirty days nor
more than six months; and for every subSe-
auent ofienSe, the penalty shall lie double
that for the first offense, and continuing TO
drive said cattle through the State shall be
deemed a subsequent oftense. L. ls.5, ch- l;s,
l amending L. 49,, cf. lSa, l which last
act amended the original section one a. pub
lisEed in the General Statutes.
(5SlD 81. Jurisdiction OF justices.l Z >. JUS
tices Of the peace, within their respective
counties, shall have exclusive jurisdiction of
all cases arising under this act ana upon al
fidavit of any Householder of his county, filed
with or made before him, setting forth any
violation OF the preceding section of this act,
il shall be the duty of any justice of the peace
TO forthwith Issue a warrant or the arrest Of
the offender or offenders, which warrant snail
be executed by the sheriff of the county, or
by any constable thereof, or by some colnpe-
tent person specially deputed by the justice
for that purpose; and the officer or person
authorized to execute said warrant shall have
power to call TO his aid posse tdites suffi-
cient. to arrest and bring before the justice
such offenders.
(53ID 81. Liability for damages evidence.
/: s. That any person Violating any of the
provisions of this act, shall be liable for all
damages that may be done by said cattle by
impsrting disease; and the evidence for the
trial OF actions for damages shall Ice the same
as is provided herein for the trial of criminal
cases. and that the justice may, when the ev-
idence is clear or presumption great, hold the
offender TO bail or fine rs in other criminal
eases.
(s3Is) Is. Duty representing attorney.l g.
1t shall be the duty of the prosecuting aftor-
ney of the proper county to appear on behalf
of the State in all eases arising under this acl
and when the pro>ecutiong attorney is alb
sent, il shall be the duty of the justice before
whom the prosecution is had TO employ coun-
sci for the prosecution, 10 Ia paid by the
county.
(5s3o) 20. Disposition OF cattle.l !; II. That,
upon the arrest of any person or persons
charged with violating the provisions of this
act, all cattle found in their charge shall, dur
ing the arrest and trial of the offenders, be
stopped and taken charge of by the officer or
person executing the warrant of arrest, TO
abide the Judgment of the justice before
whom the offender shall be tried.
(53s3l %. Liable for damages. II. Any
person who shall drive into or through any
portion of this State, any of the aforesaid cat
tie from the country south Of Kansas, shall
be liable to party injured for all damages that
may arise from the communication OF disease
by the cattle SO driven, and in other respects
proceedings may be had as in section five of
The ACT 10 which this is am. ndnforY.