Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1895-05-21

Board. Silver CITY. n. N.
Dear Sir:-I am In receipt OF your let
ter Of recent date in which you request
my official opinion as to the meaning Of
section Is. Of the cattle sanitnr law. ap-
proved February q, 1859, and especially
as 10 whether, undsr that section, be-
tween March 8 and November ], cattle
may be admitted, after inspection, from
Preside county and other SECTIONS in
West Texas. The act Of which this 500
ton il a part was amended in 1891, by
further extending the powers OF the SAN
itary board to the inspection OF all cattle
intended for shipment or TO be driven
beyond the limits Of the Territory, and
also respecting the inspection Of hides
and slaughter houses, Claws 1891, chap
ter 34) and this amendment was itself
amended in 1898, by giving additional
authority 10 the board 10 borrow money,
not exceeding $1,000, and TO issue nego-
table paper therefor, the same TO be
paid oct Of the revenue aocruing TO The
cattle indemnity fund from taxes lowed
and assessed upon cattle only, and from
fees accruing from the inspection Of
cattle and hides, etc, 6aws 1898, chap.
ter CD and by an act Of the last legis-
~lature, approved February 8, 1895, which
simply increases tho number Of members.
OF the board and enlarges ia, powers go.
as to include diseases other than Texas
or splenic fever, the prevention Of which
is n Of the chief purposes OF the act Of
1889. laws 1895, chapter 29.)
The act OF 1889, as amended, is not
particularly lucid IN its p~hraseology and
the difficulty surrounding its %interpreta-
ton on this account is not lessened by
the fact that not a few verbal iuaccura-
oies r present. A caresulconsideration
Of the question inquired about leads, how
ever, to the conclusions hereinafter set
forth. The section 10 question provides
IN effect that every party having in
charge cattle destined for introduction
into the Territory during the existence
of any prohibition against such importa-
ton under the act Of 1889, may secure
It's admission by applying for and receiv-
ing, after examination, a certificate Of
health from the proper parties designat-
ed by the cattle sanitary board. The
question then for decision is swhether
under this section parties having cattle
in Presidio and other counties of west
ern Texas can solve the question Of their
admission into this Territory between
March 5 and November l by SIMPLE pre-
sentatiou to the cattle sanitary inspect
ors Of such cattle FOR the purpose Of Sc.
curing a securing a certificate OF health.
In settling this question it must be no
ted that the act under consideration re-
!, lates to several CLASSES Of cattle. 1t pro
vides first, that all cattle shall be in
, spected before being brought into the
/, Territory; second, that cattle in certain
portions OF Texas and Mexico shall moi
be brought into the Territory between
March 8 and November 1; and third
that cattle from other PORTIONS of the
country, where contagious diseases may
become prevalent, shall by proclamation
OF the governor, be subjected to sucf
quarantine regulations as may have beer
provided by The cattle sanitary board
Taken by itself section ID is probably
I broad enough 20 include all three o
these classes and thus to permit, ate
I inspection satisfactory to the officials
the admission Of all cattle into this Ter
3 ritory at all times. In deciding, howey
! or, what the legislative intent is, thu
. other portions of the act must be looke'
4 to. It will be noted that the preamble
Q sets out in detail the purposes OF the &C
and declares very fully the reasons tina
actuated the law makers in its passage
This preamble Is Of no little assistance
therefore, in determining the legislativ
y intent as to the regulations governin.
: cattle brought in from tn e parts Of Tex
4 as and Mexico therein 80 carefully de
y scribed. II will also be noted that ate
n detailing the portions OF the country jus
y named from which it. isftsubsequentl
provided that no cattle shall be "driver
J. conveyed OF transported between Marc
5 and November /, the preamble give
the reason for this absolute exclusion {
such cattle in the statement that 18th
Tact. has become well established thd
t. such imported cattle SO as aforesaid CON
is municating such Texas or splenic feve
a. never show any symptoms Of the dlseaa
ir from which the same may be determine
" by an inspection thereof" The legisli
" ture having thus declared that the pre-
ID ence OF Texas fever can not be detecte
k by inspection it cannot be thought thu
70 it would thereupon immediately enact
law which would allow cattle suferin
With such a subtle complaint to /
brought into the Territory after an il
spection. An inspection being Of 4
= value, certainly it would be absurd
presume that the legislature intended
admit such cattle upon an nspectiol
q and it is a familiar rule that a %construS
ton that will impute absurdity TO II
acts Of the law making power is alwal
m to be avoided The Legislature frame
this law largely for the purpose OF keeI
Of ing out Texas or splenicf fever, and a col
30 ~structlon that would absolutely defeI
10 that purpose can not conscientioualy
given. AS sustaining the very evidel
intent set out in the preamble, is to
al noticed the latter part Of section
~ where It is expressly set forth that
permit shall be refusedin the case ther
In mentioned wherever the facts and OF