The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-11-19
THE QUESTION OF COMPEN-
s. YT()N

. elaea1a
THE QUESTION OF COMPEN-
SAT7ON.
Tho ADVANCE made a slight mis-
take last week in regard to Judge Per-
kins' ruling in the habeas corpus case
of Peter Jordan. The question rs to
the constitutionality of the law regard.
ing the killing of glandered horses was
raised but was not passed upon by the
judge. Mr.. Jordan was DISCHARGED on
the ground that the offense CHARGED
was not a public offense. Inasmuch
as the constitutionality of the law has
been called in question, and it is a
subject of general interest throughout
the state, it ought to be settled one
way or the other as soon as possible.
Apropos of this question the Rochester
Post says:
The last legislature passed a law pro-
vidlng for local boards of health. to
consist of the supervisors and phys
lclan IN towns and similar sanitary or
ganizations for villages and cities, and
they also passed a law intended to pre-
vent the spread of contagious or infec-
tlous diseases among domestic animals.
which makes it the duty of any one
suspectlng the existence of such dis
ease among his animals to give notice
to the local board of health, and max
ing him liable TO i fine Of from fifty to
hve hundred dollars, or Imprisonment
from thirty days to a year. for not do
ing so-and made it the duty Of the To-
cal boards OF health to see that the an
lma's affected with such diseases are
isolated, and IT necessary, killed.
The law provides for the appraisal
ana compensation of owners of ami.
mails that have to be killed, but it pro-
vldes that they shall be appraised lat
the value thereof at the time Of ap-
pralse1nent, and it would strike anv
person Of ordinary Judgment that an
animal suffering from CONTAGIOUS
disease and fit only to be killed and
buried, must he at that time worthless
and OF II" value whatever; and. more
over, the law provides that in all cases
of farcy or CHAMBERS the animal infect
I'd Herewith shall bo killed ''without
AL appraisal "r compensation" the
owner being paid on " ;.n equitable
sum tor its killing and burial.
This matter has recently been
brought before the state hoard q,
health. and 1T their meeting that body
zef"scd to approve tho appr,isements
Yn"'e hy local boards for glandered
horses killed, on the ground that IL
horse affected with farcy or glandrrs is
~ no value whatever, and is worse
than v;.'"eless; is expensive and dan
Errous, not only to other animals. but
to man: Second, that 10y section IS of
the law. 1t appenrs that it was the in.
tenti"n Of the legislature that animals
afflicted with tarcy or glanders should
he Killed Withon; an app:aispment or
other compensation than for slaughter
and burial. It looks as if the compen-
sation provided by law failed to COM
pensate.
The Jackson Republic says:
at Il meeting OF the state board of
health last week that body refused to
approve the appraisements made by the
local boards for glandered horses kill
td, because horse infected with fArcy
Cr CHAMBERS is OF no avail whatever.
and is worse than valueless; is expen-
slve and dangerous, not only to other
animals, but to man. Second. that by
section Is, as above, it appears that it
was the intention of the legislature
that animals infected with farcy or
Klanders should be killed without an
appralsement or other compensation
than for slaughter and burial. We
doubt whether this attempt of the
state board of health to reverse the in
tent of the law will succeed. The act
passed last winter is very clear as to
the method of appraisement. Persons
who will take the trouble to look at
The Republic law supplement publish
ed March ~ will find that section 3 of
the Act to prevent the spread of con-
taglous diseases among domestic ami
mails" authorizes payment for animals
killed by order Of local officers, while
section Is declares that animals killed
Dy order Ut the state board of health
shall not be paid for. The law was ap
pareDtly drawn this way for the rea.
son that local boards might, owing to
lack of veterinary advisement, order
animals killed that were not DANGER
ously diseased; while the state board
in passing upon case would be sup
posed to possess sufficient expert
knowledge to make it just for them to
order an animal that is worse than
worthless killed without recompense
to its owner. The state board of bealth
had better read the laws or hire law
yer.
The following appeared in the P,o-
neer Press of Sunday last:
d. NJ. DeVore, attorney for Jackson
county, submitted \ letter to the at
torney general stating that a farmer in
bis county owned three horses which
were supposed to have the glanders.
These horses were examined by phvs-
ician and veterinary surgeon who
thought the case was CHAMBERS, and the
animals were appraised and elaughter-
ed. Had tho farmer been allowed to
keep and use the horses on his own
farm, regardless of the safety of his
other stock, they were worth consid-
erable amount of money to him in the
work they could perform. The county
attorney desired to know whether the
law contemplates recempense for such
horses. Attorney General Hahn is of
the opinion that the law does not con-
template recompense on the facts sta
!ed. There was no authority to kill.
IL IS not when physician or veterin-
afeo3 afx surgeon "s .; thinks that an ANNA, IS
anected shat the town may kill. but
only when the animal is adjudged to
!'e 80 affected And, aside from this,
II IS questionable whether the town
1oard, in case of glanders, can con-
demn to death An animal affected.
,.sI Mnen the same bill taxing railroad
!andsJ comes up again in the leqisla-
ture' we shall expect the Advance to
JON us in working for its passage.
tinel. "''
You bet!