Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-05-15
LETTERS FROM THE PEOPLE.
The Approaching Election and the Cat
tie Question Discussed from Various
Standpoints.
To the Editor Of the Free Press:

In regard to the tuberculosis in cattle,
this seems to be question Of tho past,
but in view Of the experience of the past.
there appears to be more danger to the
public good from officials of this State
than from the cows. Would 1t not be wise
to be mere careful in the future and make
some political test on this subject before
accepting any candidate for office? I be-
lieve the people and the State nave a
right to kill and destroy any animal or
thing which clearly and Enthusiastically on
dangers the public health or safety. and
that without payment to the owner az that
loss is one OF the chances all owners of
property must take and no one has a.
right to put the lives or property OF others
In jeopardy, but tho danger must be Ger
tain and tho emergency great That no
such condition presents itself in this case,
Is well known. The constitution of Yer
mont. chapter .. section 6, provides thai
the Legislature, executive and judicial
departments shall he kept separate and
distinct so that neither shall exercise the
powers belonging to the other" yet We
find the governor of the State and his
commission of agriculture commission
not authorized or created by the consti-
tuition of the state but solely by acl of
the Legislature and of which he himself
Is the head. claiming and setting up the
authority of a court and jury to determine
imposing a test which is more than unccr-
tain and which is expressly discounten-
anced hy law, and acting on the advice of
so-called expert witnesses who are Decu-
niarily Interested. for with the veterinar-
les, It is case of no disease found. no
work. no pay. How does the proceeding
square with section y chapter of the cor
stituton of Vermont which says the Legs-
lature shall have no power to add TO, alter,
abolish or infringe any part Of their CON
stitution AMI how about taxing private
property and paying half the appraised
value with article 2 chapter |, which pro
hibts the taking of private property with
ont paying an equivalent in money. We
have heard it said that officers can do
things not directly authorized by law un-
der the police powers of the state. II this
State has any officials who think their
powers are not subject to constitution Al
| limitation, the people should know II ho-
fore election, and not be compelled to re-
sort to the courts for protection AGAINST
them. But to leave all constitutional
questions out OF consideration. no Lessl-
ture over Intended to or ever die enact the 50
laws with any such purpose as the people
nave poem led to believe. In lS'2. the Legs
lature abolished the board of cattle com
missioners and provided for board Of az
-iculture TO perform the duties of that
board. the new board to consist Of eight
/
but directed toward the protection and i'm
provcment Of the farming interests OF TIL
state and fixed their pay and expresslv
! limited the expenses Of the board to fvo
thousand dollars per wear. This was di-
rect and positive limitation and seems II
be unrcpealed except so far as II Is sup
erreded by later legislation. In 1894, this
commission of 1882 was reorganzed and its
power greatly enlarged but solely and on
tiroly IA matte, " protection to tho live
stock of the State and the owners thereof
tho title being AN act for the preserva
ton of cattle and sheep. 1t was expires
! ly provided that the board should not have
power to enforce the tuberculosis test
without the consent Of the owner, and
amongst other things says they shall ex-
anime the cases and publish the result fer
the benefi. OF the public, the word shall
where il appears in a statute regarlir E
the duties If public official Is man1atorv
not optional. What has this board doro
toward publishing information for tn
Lcneiit Of the public? In 1S9S the comns-
/ sion of agriculture as established by Il G
law of 1892 was abolished and superced6
by new commission Of five members com
posed of the governor, president of Tho
i agricultural college ana three other mem.
hers appointed by the governor and CON.
lirmed by the Senate for n term Of w,
years. A part of this act reads as fol-
lows: Shall constitute the board of agr
culture for the improvements of tho son
erul interests Of hus bundarv the promotion
of agricultural education throughout tn,
: state and for the discharge of such the
duties nc nrn harai,nf,a r COT {, nth rTbi,