The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-28
CATTLE DISEASE
STARTS CONFLICT
Causes Trouble Between Treas
ury.and Agricultural Depts,
LATItR'S POWER IS SHORN
Under the Law the Examination of
Cattle for the Prevention and
Stamping Out of Disease Is
In Shaw's Hands.
eY WArrERsoN sTEALEY.

Washington, December 27-(spe-
cial.) 1.-The passage of the urgent de-
ficiency appropriation bill in the house
last week, carrying an appropriation
of half a million dollars for the pur-
pose of stamping out the foot and
mouth" disease among cattle, brings
out curious conflict of interest be-
tween the treasury and agriculture
departments. When the present de-
partment of agriculture was made
cabinet position it was intended to
transfer all the powers then vested
In the commissioner of agriculture to
the secretary of agriculture, but it
seems that at that time the power to
make regulations governing the trans
portation of animals in interstate COM
merce lay in the hands of the secre-
tary of agriculture and not in the COM
missioner of agriculture. This fact
seems to have been overlooked when
the act changing the title of the head
of the department of agriculture from
commissioner" to Secretary" and
making him cabinet officer was
passed and has since been absolutely
ignored and lost sight Of During the
past ten or twelve years the secretary
of agriculture has made all rules and
regulations and issued all certificates
of inspection permitting the trans
portation of animals from infected re-
gions, and the legality of this action
has never been questioned until lately,
when the question arose in suit
brought by a shipper of cattle from
Texas against the state of Colorado.
Must Be Inspected.
The state had passed a law order
ing all cattle brought within its bor-
ders, or passing through it, to be sub
jected to a state inspection, and
charge of fees for said inspection and
the attendant labor. The shipper re-
fused to pay, was arrested, and found
guilty under the laws of Colorado,
sentenced to six months imprison-
ment, and to pay fine.
The Supreme court affirmed the Col
orado court ON the ground that the
act creating the bureau of animal in
dustry only went to the extent of pro-
viding for the suppression and extirpa-
ton of contagious diseases of animals
and did not contemplate the issue of
certificates by the secretary of agri-
culture Through the bureau of animal
Industry, and pointing out the fact
that the act making cabinet officer
of the secretary of agriculture did not
transfer to him the authority (Which
was then vested in the secretary of
the treasury to make rules and regu-
lations regarding the inspection and
transportation of animals for inter-
state commerce. AS stated, this power
has been exercised for the past twelve
years by the secretary of agriculture, /
who has force to carry on the work
while the secretary of the treasury
has none. 1t was simply to carry out
the evident intentions of congress
when this section was inserted in the
bill.
Most Serious Menace.
The house agriculture committee, in
unanimous report, considers the
present outbreak of the foot and
mouth disease, which is now existing
for the first time in this country, as
a most serious menace to the live
stock interest of tie United States,
the vast magnitude OF which can be
appreciated when attention is called
to the fact that last year live stock
valued at $46,000,000 and animal prod
ucts to the value of nearly $1,000
100000 were exported from the United
States. Experience in dealing with
the foot and mouth disease in Eu-
rope seems to show conclusively that
there is but one way to thoroughly
extirpate it, ana that is by slaughter |
of every herd infected and every herd |
which has been exposed to the con-
tagion.