The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1900-01-25
OLD CASE SETTLED.
State Commissioners Finally Make
Public Their Report on the
Houston Claim.
NO DAMAGES ARE ALLOWED

NO OAmAU1O A1sh A04O w oO
Advanced Methods Might Have Permitted
the Saving ofthe Cattle but the Commits
sion Holds That Mr.. Houston Under the
circumstances had no claim to Rein
bursement- Houston Says That the case
Will be Fought Until he is Paid.
After being in the hands of the Gov
ernor for several months the final re-
port of the commission examining into
the claims of R. S. Houston, of this
county, for damages for cattle killed
by the state veterinarian, the following
decision has been handed down:
(Copyl
STATE OF BEFORE COMMITS
sIONERs.
Commissioners-Ho Hon. Edward ScOfield,
Governor; Hon. E r. Hicks, Attorney
General; Hon. ]. NJ. True, Secretary
State Board Of Agriculture.
Robert 5. Houston, claimant, Us. State
of Wisconsin,
Whereas. The claim of the above
claimant was, by virtue of Chap. ia Of
the laws Of 1899, duly submitted TO the
above-named commissioners for the
purpose of investigating the same and
ascer aiming from such investigation
whether or not, in the judgment of said
mmissioners, there should be awarded
to the said claimant any compensation
as prescribed in said act; and
The said commissioners, having duly
organized and convened and listened to
all of the testimony and documents of
every nature produced before them by
the said claimant, and the said claimant
having fully submitted all such proof,
and having been represented in all OF
the hearings before said commissioners
by TIE Hon G. E. Estabrook, his attor-
ney, and the petitioner having cited be.
fore them various individuals to testify
as to the matters contained in such in
vestigation, and having taken all the
testimony desired by them and produce
ed and offered by the claimant, and
having made full inquiry into the facts
and circumstances of the case, and be-
ing fully advised in the premises, do
now make and file the following findings
and conclusions herein:
The herd OF dairy cattle belonging to
r, S. Houston, in KeDosha county,
Wisconsin, in the month of November,
1895, was tested by the state veternari-
an with the tuberculin test for determin-
ing the existence Of tuberculosis;
That large number of cattle in said
herd at that time responded to the test
and were condemned by the state vet
erinarian;
That the cattle so condemned were
part of them slaughtered and part Of
them sold and shipped to Chicago;
That the cattle so slaughtered and
shipped, and the amount of money re-
ceived therefor by claimant for the sale
of such cattle and from the state, pursu-
ant to the law under which the said cat
tie were slaughtered, are substantially
as claimed and set forth by the claimant
herein;
That the testimony before the said
commissioners substantially disclosed
the fact that all of the said cattle so con-
demned, slaughtered and shipped, re
sponded to the tuberculin test. and were
therefore affected with disease that
warranted their destruction under the
provisions of law then in force.
AS conclusion, the commissioners de.
termine that the said claimant is not
entitled, as matter of law, to further
compensation. and therefor decline the
same.
The commissioners, however, wish to
add that, while the testimony before
them established the fact Of the exist
ence Of the disease and the necessary
application Of the law at the time the
examination was made, such testimony
might, if applied to-day, in view of the
advanced methods of treatment of tu-
berculosis cattle, be insufficient to war
rant the condemnation and slaughter of
cattle under similar conditions; but the
commissioners, under the provisions Of
chapter ia of the laws of 1899, are pow
erless to grant any equitable relief.
The papers, testimony, etc., in this
proceeding are now on file in the Office
of the Attorney General Of the State of
Wisconsin.
Dated Nov. LIST, 1892
(Signed) EDWARD SCoFIELD.
Governor.
n p uICUc