The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-01-28
AUTHORITY LAW GIVES DEPUTY
SHEEP INSPECTORS.
OPINION BY Mr.. DONOVAN
Attorney General CONSTITUTES Sections
Bearing Upon Dipping and
Quarantine Regulations.

An opinion has just been rendered
by the attorney general that will be
OF interest to every sheepman in the
state. The opinion was given in re-
Spouse to a letter from the state vet
ernarian, DR.. Knowles, who asked the
attorney general as to the authority
of a deputy sheep Inspector to COM
pei an owner to dip his sheep if they
have in any way been exposed to
scab, without being able to declare
positively that the sheep so exposed
are actually infected by the disease.
In reply Mr.. Donovan quotes Sec
ton 1882 and 1898 of the political
code, which prescribe the duties and
powers of deputy inspectors. and then
says:
You will note by the above sections
that there are two contingencies pro-
vided for, and upon the happening OF
either being brought to the attention
of the inspector by written notice, he
is authorized to act. These two CON
t~lngencies are as follows:
1. II the sheep are diseased.
2. If they have been herded upon
the range or in corrals which have
within the past 80 days previous there
to been used or occupied by any dis
eased or infected sheep.
From the very nature of the dis
ease of scab, if sheep have but recent
ly been exposed to the disease they
will not Immediately show evidence of
it, and yet quarantine regulations are
necessary, not withstanding, in order
to- check the disease in that particular
band of sheep, as we'll as prevent it's
spread to others.
Section 1898 requires the deputy in
spector, upon receipt of information
in writing of any of the facts men
toned in section 1892, to Immediately
cause the diseased sheep to be exam
ined and if found so diseased to be
quarantined.
Intent Of Lawmakers.
The words diseased sheep" of
course, mean the sheep complained of
in the case of the first. contingency
above mentioned, to-wit: Sheep actu-
ally diseased. But in cases arising I'M
der the second contingency above
mentioned, in our opinion, it does not
refer to the sheep themselves, for the
reason that they will not necessarily
show any evidence of disease at the
time Of examination. In our opinion,
it was the intention of the lawmakers
to make it the duty of the deputy in
spector to examine the alleged dis
eased or infected sheep which have oc-
cupied the ranges or corrals within
the 80 days previous thereto, and not
the sheep complained of, which have
been herded upon such exposed range.
If 1t had been intended that in the
case of an exposed band of sheep,
sheep could only be quarantined
by the deputy inspector after they
were actually found by him to be so
diseased, there would have been no
use in providing for the second con-
tingency mentioned above. The more
reasonable Interpretation of the stat
ute seems to us to be that it requires
that either the band of sheep com
planned of or the alleged band Of dis
eased or infected sheep to which they
We're exposed must be found to be dis
eased, in either of which cases the
deputy inspector must make quaran-
tine regulations.
You stated in your letter that the
sheep owner mentioned had among
his ewes about 80 days ago a number
OF scabby bucks for several days. This
state Of facts would bring the case
within the provision of the statute III
thorizing the deputy inspector to quar-
antine sheep which "have been herd
ed upon the range or in corrals which
have within the past 80 days previous
thereto, been used or occupied by any