Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1897-07-30
THE DAILY OPTIC,
East Las Vegas, New Mexico,
SAN MIGUEL COUNTY.
CATTLE INsrEorIoN FEEs.
The Retail Butchers OF Albuquerque
VIII Fight the Law. ifHeiped
by Outsiders.

The retail butchers association O
Albuquerque, is up in arms against thu
paying OF fees for the inspection o
hides and cattle by the Territorial cat
tie sanitary board, and proposes L
resist the further payment OF such fees
provided the butchers In tbs othel
parts Of the Territory will .'whack up
towards court expenses. In order t
test the matter the following notice ant
appended opinion rendered by Judge
II. L. Warren, have been served upor
the members OF the cattle sanitary
board:
Cattle Sanitary Board Las. d, egas.
ALBUQUERQUE. N M., July 80
1893 We epclose herewith an opinlof
by JudgeH L Warren on the right Of
the cattle sanitary board TO tax the
butchers on thsir beef hides and live
cattle.
The butchers Of Albuquerque have
decided. provided the butchers FROM
Other parts OF the rerruory will j3in IN
with them, to refuse 10 pay the above
ms oectors. /.
1t win not cost each butcher In the
Territory over ten dollars to test the
validity of this law, and probably not
more than five dollars ;this last amount
you are requested to send TO VIM. Farr,
president OF the Albuquerque retail
butchers association, and at once. In
order that we may get the supreme
court to issue o writ of prohibition
against the sanitary board, prohibiting
them from collecting the inspection
fees. -
1t Is for the interest OF all the butch
ers in the Territory for you TO give this
prompt attention.
VIM. FARR,
President Albuquerque Retail Butchers
Association.
Messrs. Frank Wilson and VIM Farr,
Committee:
ALBUQUERQUE, N. NJ, July 9th,
1887. - Gentlemen: In accordance
with your request. l have examined the
the laws under which the cattle sanitary
board as constituted in this Territory,
have assumed to establish q fee or
charge of three cents for inspection of
each head OF cattle and Of ten cents for
the inspection Of each hide, which shall
be a sien or charge upon cattle and
hides inspected by the several inspect-
ors appointed by that body throughout
the Territory.
Without at this time, undertaking TO
the various acts of the legisla-
i've assembly, bearing on this subject,
April l, 1884; February 28th,
1891. and February 23rd, 1898, which
,mbodY the Legislation constituting and
controlling the sanitary board, 1t Is
that the power to make and
these charges OR fees, is claim
ID under the ac. approved February
'Jrd, 1898, entitled an aot to almond an
Ict emitted .san act in relation to live
tock'' approved February oath, 1891,
vhich repeats all prior conflicting acts.
It is my opinion that the act in
|uestion ia in contraventioD of the or
.anic act OF this Territory. and void in
smuch as it attempts to delegate to the
anitary board power to arbitrarily fix,
ncrease, and diminish the amount to
. charged and paid for each head of
attlc and each hide inspected; and
nhesitatingly advise you to refuse
aymeEt Of these charges, which are 10 /.
10 nature of a tax, and to test the con-
.itanoaali'y Of The act in question in i,
10 courts. m
Z urs respectfully, /.