Omaha daily bee., 1889-05-06
IS LIVE STOCK PROTECTED?
Thayer Explains How Matters Stand
In Nebraska.
QUARANTINE LAWS IN FORCE.
why He Vetoed Senate File No. 10
The Councilmnnic Stew-Egan
and the London "Blun-
derer"--Itcms.
LINCOLN BUREAU OF THE OMAHA BEE, ]
1929 u STREET,

patches have gone from Lincoln that the live
stock commission has discontinued its own
existence, owing to the failure of the legis-
lature to make appropriations for its sup
port, and that the state is therefore left withs
out protection from contagious and epidemic
diseases TO which domestic animals are sub
.ject. What do you think of tp
"lt is well known that no appropriation for
the support of the live stock commission and
a state veterinarian was made, but II is not
true that the state is without protection. BY
the veto of what is known as senate file No
10, the quarantine law is still saved and In
full force, True, the state is now without
the proper agencies for enforcing 1t, but If
the emergency arises, shall find the proper
means TO provide for its enforcement |
shall call upon the sherffs of the respective
counties Of the state to perform that duty.
The live stock interests of Nebraska are of
such vast Importance, and are so vital to the
welfare Of the people that they must not be
endangered, and l am certain that means
will be devised for protecting them.
l am glad to know that the railroads enter
ing the state are extremely anxious to avoid
any infractou Of the quarantine laws; fur
thermore there is a heavy penalty attached
to every such violation. / have been re-
ferrcd several times to the opinion OF Attor-
ney General Leese, rendered in 1885, to the
effect that the auditor can draw warrants
against the live stock indemnity fund, pro-
vided for in the act Of 1885, by the levy Of
one-Quartcr of one mill against the taxable
property of the state, for the support of a
live stock commission, veterinarian and pro-
viding indemnity to the owners of diseased
animals slain by their orders. The law pro-
viding for that levy is still in existence The
legislature having failed to make any appro-
pration for continuing the commission
determined not to appoint such officers. The
opinion of the attorney general above re-
ferred to is as follows:
LINCOLN, Neb., Aug ID, 1SS5.-Hon. H. A,
I1,l~ ~f ID.,lNl, I,,
answer to your interrogatory, whether or
not you as auditor of public accounts, are
authorized to draw warrants on the live
stock indemnity fund, as compensation of
commissioners, and for animals killed, will
say, section 90 of chapter 4, laws of 1885,
provides: That the members of the com
mission appointed by the governor shall re-
ceive SIS per day for the time necessarily
employed, and each member shall receive
the actual travelling expenses by him in
duties required Of him, which said
per diem and expenses shall be drawn
from the treasury out OF the live stock IN
demnity fund on the warrants in the audi
tor, to be issued on the filing OF his office OF
an itemized account thereof, properly veri-
fled. And / am of the opinion that whatever
itemi2ed accounts of the commissioners are
presented to the auditor, properly verified. it
is the duty of the auditor to draw his war
rant on the live stock indemnity fund for the
amount of compensation and expense, and in
regard to the payment of animals killed by
them, section 10, OF said chapter 4, provides:
When live stock shall be appraised and killed
by order Of the commisslon it is the duty of
the commissioners to issue to the owner
certificate showing the number and kind and
general description of animals killed, and
the amount to which the holder is entitled,
and report the same to the auditor, and on
presentation of such certificate to the auditor
he shall draw his warrant on the treasurer
for the amount stated, payable out of the
live stock indemnity fund. 1t seems to me that
under this provision the auditor's duty is
clear, and am of the opinion, that the au-
thority is here granted.
Yours very truly, WILLIAM LEEsE.
Attorney General.
"Auditor Barton declines to draw any
warrants against the fund raised by this
levy, for the reason that no appropriation
has been made, and am clearly of the opn
ion that he is correct. l, therefore, con-
cluded to discontinue the commission, the
veterinarian and the payment of indemnity.
Section 90, of article 3, of the constitution,
says: No money shall be drawn from the
treasury except in pursuance OF specific ap-
preparation made by law, and on the presen-
tation of a warrant issued by the auditor
thereon Section 10, also, says: Each legis-'
lature shall make appropriations for the ex-
penses Of the government until the expra-
tion of the first fiscal quarter, after the ad
iournment Of the first regular session, and
all appropriations shall end with such fiscal
quarter. lU Is Clear, tnCrelOrc, tnaJ uO HiOlcy
can be used that has not been regularly set
apart by law, and any such appropriation, IL
made, will cease at the end of the first quar-
ter after the adjournment of the legislature.
Even if it be contended that the act of 1885
or of 1887 carries an appropriation with it,
which / gan not admit, it ceases at
the end of the fiscal quarter
named. / will here state that
the board of equalization, composed of
Treasurer Hall, Auditor Benton and myself
hav lnclo1 IN nlkp the law n
quarter of one mill to which reference has
been made. This will relieve the people of
the state OF tax amounting to about $780,
600.
'Since the adjournment of the legislature
letters have continued to come in, reporting
glandered horses, asking that the veteri-
marian or live stock agents should visit their
localities, for the purpose of eradicating the
disease, but the same reply has heen sent to
them that we are without the means to re-
lieye them
"Our newspaper has undertaken to show
that the vetoed bill contained the same pro-
visions as the live stock bill Of 1887 with the
exception OF the one authorizing the payment
of live stock agents. This is a mistake. The
act Of 1887 contained most stringent proy-
sions for enforcing the quarantine laws and
against the introduction of cattle, not only
diseased, but against all cattle from certain
states na'ned in the proclamation Of quar-
antine. Those provisions were omitted In
the yetosd bill. True, the latter authorized
the governor to declare quarantine against
cattle with infectious or contagious diseases,
though without the provisions to enforce it
above referred to. But 1t did not authorize
MIN to declare quarantine against oil cattle
from certain sections Of the country And
here is the difference between these two bills
in this respect: Under the vetoed bill Toxas
cattle could be brought into the state.
81 have stated once before that Texas cat
tie may no perfectly sound and healthy and
may be killed for beef, and yot they carry
within themselves germ or something,
which, though il may he entirely harmless TO
themselves yet is fatal 10 our native cattle.
For instance, il herd OF Texas cattle be
driven through our state, native cattle on
their trail are as certain 10 take the Texas
fever ana die as persons arc 10 take the ycl.
low fever and die who go into localities, be.
fore the coming Of frost, where that dread
disease has prevailed. In fact, Texas or
Spanish fever, rs IL is known, is, among cat
tie, very much like yellow fever among the
human kind. Each comes, If IL comes at all,
after the frosts have disappeared, and leaves
again after the ccming of the frosts. u is TO
cattle what yellcw !cycr Is to the human
family Hence our present quarantine law
prohibits the Introduction of cattle from
Texas and many other states.
at will thus be- seen that quarantine
against cattle having contagious diseases is
not sufficient, but that we must be quaran.
tined rigidly against the importation OF
Texas cattle into Nebraska between tho Drst
daY af March and the :irst day OF November.