The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-04-05
NOVEMBER 1 TO MAY Is,
DURING THIS TIME THE LIVESTOCK
SANITARY COMMISSION
Has Power 10 Establish Quarantine Lines
With Reference to the Movement of
Cattle in Texas as in Exchange
With Other States or Locally.

attorney general III references 10 In6lr
power to establish quarantine lines in
the state. Office Assistant Attorney
General Frank Andrews yesterday
ruled that they lad the power to es-
tablish quarantine line from Novem-
Der l to May Is where they saw fit
against Texas or splenetic tevar. He
bases his opinion upon the fact that
chapter Sc of the general laws
of 1893 is an act to provide for the pro-
lection of domestic animals, for the
creation of live stock sanitary com.
mission, for the establishment of live
stock quarantine lines, rules and reg
ulatiOns, etc.
Section of this act provides that it
shall be the duty OF the commission to,
protect the domestic animals of the
state from all contagious or infectious
diseases of malignant character, and
it is for this purpose that the commits
sion is authorized to establish and
maintain quarantine lines as they may
deem necessary. 1t also stipulates
that the duty OF this commission shall
be to cooperate with the live stock
officers, etc., looking to the establish
ment of necessary quarantine lines,
and in case they ind that any disease
is found to be malignant, con-
tagious or infectious they shall di-
rect and enforce such quarantine lines
as they see fit aud are necessary to
prevent the spread of the disease.
Attorney General Andrews holds that
| III -. Too 90 ion i,i tot Aol g.
confer and does confer discretion upon
the commission to make such rules
and regulations and to establish such
quarantine lines as in their judgment
may be found necessary for the pro-
tectIon of the live stock interests of
this state, and directs a cooperation
with live stock sanitary officers of
other states and territories.
The only limitation that can be
placed upon section is possibly that
of section Is. This section provides
that any quarantine line that may be
fixed by the live stock sanitary com"
mission against Texas or splenetic
fever shall be so fixed as 10 conform to
the federal quarantine line established
or thar may be established by the
United States department of agricul-
ture, provided, however, that as to
the shipment or movement of live
stock within the limits of the state
such quarantine lines and regulations
thereto shall not apply from Novem-
Der to May Is.
This section thus far quoted is not
free from ambiguity ana its proper
construction is attained with Difficult
ty. Upon examination of the original
file relating to the passage of this act
| in the secretary of states office it is
ascertained that the bill originally
introduced contained no such clause
as that quoted from section 10. The
committee substitute, however, re-
ported by the livestock committee
cOntsned section Is substantially as
given above. The journals of the
mousse as well as the file shows that
while the act was under discussion in
the house that the second pro-
viso IN section Is was offered
as an amendment to the pending bill,
that proviso is: provided the quar-
antine line now recognize 1 and estab'
lished by federal authority within the
state of Texas, shall not be changed
plior to Dec, l, 1893; but said line, as
now established, shall remain in force
, until said date" Attorney General
! Andrews now holds that this proviso
evidently contemplates that, in the
opinion of tie legislature, the act
about to be passed conferred upon the
-, commission the power and authority
TO change or alter the quarantine line
already established after the first day
of November, for that the amendment
provided that for the particular year
1893, it should not be changed until
the frat day of December. 1t ia to be
observed that as section Is stood ber
tore amendment it was declared that
as TO the shipment of stock within
the limits OF the state such quaran-
tine line and the regulations relative
J. thereto shall not apply from Nov. l to
d May Is of each year. The amend
70 ment is evidently construction OF
j. the legislative intention and decla'
o ration of The legislative understand
/. ing OF that section of the act in that
:, it recognized the authority of the
T, commissioners, as the section then
1t stood to fix such line as it saw proper
l, after Nov. | of each year and the
3, amendment placed limitation upon
10 the authority for the particular year
70 of 1893, to the effect that it should moi
3. be changed until Dec. l. In view o
Il section cOnterrIng such extensive
II powers upon the commission, it is not
Is believed that section Is is intended t.
10 modify that power or that il
d does SO modify that power
is az to prevent the commission
from establishing a quarantine lint
relative to the moving of cattle within
t: the state from Nov. to May Is, 1t il
believed that the construction of sait
section 10 is to the effect that in so ia
as it effects the moving Of cattle who'll.
~ within the state from the first day O
% November to May Is, the Fedora
quarantine line established in thj
state, oy the secretary of agriculture
r. shall NOT of necessity be binding TO
is observance upon the Texas commits
ID sion, ana that within said dates sale
commission shall be free to make reg
ulatiOns, observing ESD line or not, al
. the live stock interests of this stats
~ may require.
W The opinion concludes W ruli1g tina
the live stock sanitary cnu,rnissior