Wichita daily eagle., 1884-07-02

examine the animal, aud he said that
there would be no difficulty, with
proper treatment, of. effecting cure.
Then somebody suggested that DR..
Holcombc had no authority to order
the animal killed unless he had first
been examined by the sanitary board,
and that if the sheriff should execute
the order he (thc sheriff. could easily
be held responsible for the price of the
animal.
This suggested in the bus company
asking Judge W. G. Webb to give
them his legal opinion on the subject,
which he did IN the following letter:
Topeka, June 80, 1884.
Rowley Bros, Topeka, Kan.
SIRs:-I have carefully examined
the provisions of chapter 2, of the
Laws Of ksnsas. passed at the extra
session of The legislature, held in
March. 1891, being the same act refer
red TO in the order, of date "June &c,
1884" directed to the sheriff of Shaw
nee county, directing said sheriff ito
proceed without delay and destroy
one gray stallion, 10 years old, the
property of The Topeka omnibus line,
Topeka, Shawnee county, Kansas"
and which order is signed "a. A. Hol-
combc, secretary of the board"
And now, respecting your question,
whether the sheriff may lawfully exc
cute such order, have this to say: If
the .Livc Stock Sanitary Commission"
authorized by said chapter 2 of the
laws of 1884, met together as ''Com-
mission" and duly considered the
question, and thereupon ordered that
said stallion should be killed, then the
sheriff may legally execute said order.
But if said commission did not meet in
lawful session. (and YOU state that Sur
geon Holcomb told you they had not
been in session for three weeks. then
Surgeon lIolcomb had no lawful right
or authority TO issue said order, and
if the shea ifi is notified or informed by
You that said order was not issued
by authority of the Board of Sani-
tary Commissioners, he will be
4 trcsspasser if he executes said order,
and both the sheriff and Surgeon iIol-
combc will be liable i'm an action for
damages fer causing said st allion to be
killed
To make myself clearly understood,
further state that Surgeon HOlcOmbe
| is not the = Board of Commissioners"
nor can said board confer upon him
any power or authority to act and de-
| eide for them. Ii is their duty to
meet together and consider every case
and decide as !; board upon every case,
after such case has been called to the
attention of any member of the board.
full.
Governor Click was seen and he
says that Dr. lTolcombe has been
ordered by the board to kill all horses
found with Il contagious disease. He
I further states that a the legislature
made no provision for paving the
board its expenses for travelling, they
could not afford To visit every case.
More than that four or five persons in
the state are known to have died re-
Gently of glanders by having the dis
ease transmitted TO them from horses.
Section | 4 of the law saws:
ANY person who shall have in his
possession any domestic animal affect
ed wit h any contagious or infectious
disease knowing such animal tn be 50
affected, or after having received no
T ilCt iflai euCil sililItlal Is SD aIlccttu,
who shall permit such animal to run
at large, or who shall keep such ami
mai where other domestic animals not
affected by or previous Y exposed 10
such disease may be exposed TO its
contagiou or Infection. or who shall
sell, ship. drive, trade. or give away
such diseased animal or animals which
have been exposed To such infection
or contagion, or " ho shall move
or drive any domestic an
imai in violation of any
direction, rule. regulation. or order,
establishing and reg' lat ng Quaran-
tine, shall be deemed gully of mis-
dcmeanor, and on conviction thereof,
shall be fined in any sum not less than
one hundred dollars nor more than five
hundred dollars for each Of such dis
ca>ed or exposed domestic animals
whirh he shall permit 10 run at large,
or keep. or sell, ship. drive, trade or
give away in violation of the prOvis-
ions of this act
Provided. That any owner of any
domestic animal which has been affect
ed with or exposed to any contagious
or infectious disease, mgy dispose of
the same, after having obtained from
the state veterinarian bill of health
for such ANIMAL Commonwealth.