The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-05-07
NO State VETERINARIAN.
The Board Of Health Has No Power to
Appoint One.
Attorney-Genera Fitzgerald Renders
An Opinion in Response to an
Inquiry.

Secretary Lame of the State Board OF
Health recently addressed communl-
cation to Attorney General Fitzgerald
asking his opinion on certain matters
relating to cattle quarantine, a State
Veterinarian, etc, and in response
thereto has received the following:
San Francisco, April %, 1896.
]. r. Lame, NJ. D., Secretary State
Board of Health, Sacramento-Dear
Sir: In reply to your favor OF the 10th
inst, and to your questions: Cd as to
whether or not the State Board or
Health has authority to appoint
State Veterinarian by the quarantine
law, approved March 10, 1889; CD
whether or not that statute gives you
authority to quarantine any portion,
of our State against another portion OF
our State, or to quarantine our state so
as to prevent the departure into other
States of cattle affected with infectious
and contagious diseases; 90 whether
or not this statute permits you to ap-
point inspectors and pay them; and (4)
whether or not "the bill appropriating
$4,000 to prevent the Introduction of
contagious and infectious diseases into
the State of California is fund from
which you can draw to put in force the
cattle quarantine you wish to declare"
First am of the opinion that you
have no authority under the Act en-
titled "An Act to regulate quarantine,
and the admission of horses, cattle,
sheep and swine into the State Of Cali
fornia from infected districts" ap-
proved March 49, 1889 (Stats. 1889,
315), to appoint a State Veterinarian.
That Act authorizes only the following
appointments, viz: "One inspector for
each Of the points of entry of railroad
communication into this State" See
Section 16.
Although reference is made in Section
5 to a State Veterinarian, still there is
no such Office created by the Act, and
no authority is given in the Act or else
where to your board to appoint any
such officer, and there is no provision
for the payment of any such officer.
Second-I am further of the opinion
that there is no law in this State which
authorizes a cattle quarantine of one
portion of our State against another
portion; nor is there any law which au-
thoriZes quarantine Of our State so as
to prevent the departure into other
States of cattle affected with infectious
and contagious diseases The Act of
1889 relates exclusively to quarantine
against the admission of horses, cat
tie, sheep and swine into the State of
California from infected districts"
Third am also Of the opinion that
the only inspectors which you are au-
thorized by the Act of 1859 to appoint
are those specified in Section 16 of that
Act, viz: Zone inspector for each of
the points of entry by railroad commu-
nication into this State, who shall re-
side at such points as may be desig-
mated by the State Board Of Health
The duties of such inspectors are, of
course, the inspection of such cattle
only as are referred to, viz: Those
shipped from other States into this
State, and not the inspection of cattle
shipped from this State into other
States
Fourth-Finally / am of the opinion
that the appropriation made by an Act
entitled AN Act to appropriate money
to prevent the Introduction of contagi-
Gus diseases" approved March %, 1893
(Stats. 1893, 1880, must be applied ex-
clusively for the prevention of the intro
duction of Asiatic cholera and other
contagious and infectious human dis
eases into the State, Respectfully,
w. F. FITZGERALD,
Attorney General