Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-06-05

PEN For very many years the socet,
never had day Of rain, and Col. Hooke
stated that this was due to an arrange
ment which he had with the Lord. Hook
er weather Is synonymous with sunshin,
and pleasant skies.
He is an attendant at the Unlversalis
Church and assists in the sociables, blu
his speciality is raising church debt
Worthy organizations all over the coun
try have experienced his generosity ant
that of his friends exerted through him.
THE POWERS OF THE AGRICULTURE
AL BOARD.
To the Editor of The FrH Press
The articles that have recently appeared
in the columns of the daily Free Press or
bovine tuberculosis and contagious dis
eases were opportune and will serve &c
awaken an Interest in questions that
deeply concern the people Of Vermont and
=. especially the farmers. The subject, UNI
. oubtedly. will come before the next session
, of the Legislature. The statute relating &c
, the subject should either be repealed OF
!, changed and modified so that the powers
? of the board of agriculture would be re-
Istricted within reasonable limits and tho
, rights of dairymen be protected The
, provisions of the statute that are found
the most Objectionable are those that
D., give the board the power to quarantine
all animals that the board supposes have
been exposed to the tuberculosis disease
and prohibit them from passing on or over
any highway near the place Of quarantine
This would prohibit the owner from driv-
. Ing his cows even to drink across the high
way that happens to pass through the
owners farm, simply upon the suspicion
, or superstition that his cows have tuber-
culosis. The act provides that the board
may employ such means as they deem
necessary for the investigation OF the dis
ease, and make all Investigations and reg
ulations they deem necessary for the
detection. prevention, treatment. cure
and extirpetion Of the disease.
Such unlimited powers are extraor-
binary. Some careful mon would
confine themselves to such reasonable
regulations as would preserve the rights
of the owners, but others would not
have never heard that the board ever en-
ployed or attempted to employ any means
to cure the disease in its first stages a. is
zone In other countries-employins means
TO that end would serve good purpose
The next two provisions of the statute
puts the owners property at the disposal
OF an irresponsible board, one depriving
the owner Of his cattle without full COM
pensation, and without n right to be heard
on the question whether his cattle are
diseased or not. and the other placing such
restrictions on the disposal of the products
of his cows as will result in the entire
loss OF the same without compensation or
redress; for the act provides that the
board, without giving the owner a right
TO be heard, may condemn and order
to be Killed any cattle or other domestic
nimals believed by said board to be infect
ed with bovine tuberculosis or any con-
tagious disease" and may forbid the
sale or removal from the premises of any
dairy product, from cows that are be-
lieved to have bovine tuberculosis" and
If the farmer violates either of said pro-
q 10 lilo la to l,aG
prisoned two years. The actual existence
of the disease is not material Does not
thls statute transcend the constitutional
limit? III 1t does it should be repealed
II the statute is constitutional the pro-
VISIONS OF the statute are unwise and UNI
Just, as they deprive the ownor of the
right to be heard before his cattle are con-
demned to he killed. and does not give
MIN the right to be heard on the question
of value OF his cattle in a court of Justice
before jury Of his country, and should
be modified so as to secure to the owner
those rights.
! In framing statute law that so widely
affects the material interests of the peo-
pie OF the State, it is well to recur to first
| principles. The federal constitution pro
woes that no person shall be deprived
| OF his property without due process of
Ia" nor he denied the equal protection
| OF the laws; nor shall his property be
taken for public use without lust compen
sation; and where the value in controver-
sy exceeds $40. the right of trial by Jury
shall be preserved
similar provisions have been incorpor-
ated INTO the bill of rights of the different
state constitutions. Such provisions arc
Incorporated into tho Vermont constitu
ton.
lie fundamental law further provides
mat every person within this State
ousht TO ma certain remedy by having
recourse to the laws for all injuries or
wrongs, etc" Now II persons cattle
or other property that is universally kent
Tor the welfare # mankind, is to be TAX
en- IRON him for the good of the public, |
or on the ground he has forfeited his
right 10 II 1t must be for the reason the
puplic necessity requires it to protect the
community from calamities that might re- |
suit from the actual discussed condition
OF such property If the right to con-
oemn private property exists it rs through
the police powers of the State. But there
are limits to the police powers beyond
winch the officials cannot legally go. The
forfeiture or persons right to his per- |
sohai property is limited and controlled |
by constitutional restrictions. and it NAV
be stated as general proposition that the |
FORFEITURE can only take place after a con-
termination or the property resulting from
tria by competent tribunal when
anu where the owner can be heard with |
"'N'osoes. Inc mere suspicion and
bcllet that cattle are diseased is not suf- |
hoient. In the Magma Charta and in the
Bill or Rights in England, and in this
country in all the constitutions both |
state and national, it is substantial
~ provided that no man shall be deprived
OF ms property unless by the Judgment of
MS peers or the law of the land: or as
other authorities say without due process
OF law. This means a law that hears be-
lore II condemns, and which proceeds upon
inquiry, and renders Judgment only after
tr'al T1edman says, in his work on the
limitation of police powers that: Every
thlnS which may pass under the form of
an enactment is not therefore to be con-
sidered the law of the land" Parties in
terested az owners of a dairy of cows
should have the right to appeal to the
courts from the action of the agricultural
board in condening the cows to be killed.
before the slaughtering takes place. Tn
der the present Vermont statutes the mere
belief or suspicion that COWS have tuber-
culoss IL all that Is necessary to warrant
the board to forbid the sale or removal
from the premises of the owner any dairy
products under the penalty, II the order is
violated. of fine and imprisonment Shall
snch law be permitted to stand on the
rtatute book as menace to every dairy
man In the state who seeks to control hi>
own property against such arbitrary or
ders made against them without a chance
to he heard? The next Legislature must an
swer the question. The power Of the board