Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-01-07
THE DIPPING OF SHEEP
Territorial Board Has Lawful
Right TO Order Such and
TO Enforce Mandate.
CANNOT IMPOSE FINES, HOWEVER


ard has handed an important opinion
20 Hon. solomon Luna, president Of
the sheep sanitary board. by letter. a.
follsvs
Hon. solomon Luna. President sheep
sanitary Board, Albuquerque. ~ A..
Dear sir-On account OF my absence
from the city / did not receive your
letter OF the 8Oth inst until my re-
turn yesterday. regarding the refusal
of an Ownor TO dip his sheep under an
order OF the sheep sanitary board.
In your letter you say: we have an
owner Of sheep VINO has positively re-
fused 20 obey the order Of the board,
and refuses absolutely to dip his sheep
under government or our own super.
vision. bat has dipped them without
sach supervision" You alao say that
this mans sheep DO not have any scab.
and you ask my opinion whether un.
der the statutes your board can take
charge Of and dip the delinquents
sheep and hold the same until all ex.
ponses are paid, aud collect the same
from him by suit, and YOU further In.
quire whether your board can impose
a fine for failure Of the owner OF .he
sheen 10 comply with the boards or.
der and collect such fine.
Under paragraph 2. ~, IN 4. Of the
session laws OF 1899. your board ls au.
thOglEcd 10 prescribe such methods
to be observed In the dipping OF sheep
as 10 them may seem proper and best
adopted % prevent disease and the
spread theroof among sheep, and In
accordance with the provisions OF this
act"
on the 23d day OF August. A. D. 1904.
your board evidently having the
above provision OF law In view. and the
rules and regulations you had pre-.
scribed hereunder, saw proper 10
adopt the following order III Ia or
dered by Tits board. and sheep grow.
ers are notified. that all sheep within
Now Mexico having the disease OF
scabies must BIO dipped Immediately
and second dipping given Ten days
after ibe hrst. and that sheep which
do not have scab must be dipped at
least once between now aud October
20. 1904. but only when sneop are
dipped under the supervision OF an In.
spootor will the dipping be recognized
as a compliance with this order. To
insure the presence OF an Inspector at
your place OF dipping. You should give
the secretary OF the sheep sanitary
hoard al Albuquerque as long a no.
lice as possible OF the time and place
whore You wish TO dip, 30 that an In.
sDoctor may be- notified 20 bo present
Owners 81 public dipping places are
required, before opening tho same for
dipping, TO make application 70 mo
secretary Of this board aud obtain a
permit 20 open the same. United
States government inspectors viii sn.
peryiso AL clippings. and only sucn
dips or medicines as are approved by
the bureau OF animal industry will be
recognized.
Our inspectors have been instructed
strictly TO enforce this order. and any
failure to comply Herewith will sub.
ject the owner OF such sheep tc a
heavy fine.
Section 10 of the session laws re-.
ferred to provides "Wnenever. under
the provisions OF this act or OF tho
rules and regulations OF the sheep san.
itary board In accordance with the pro
visions OF tails act any flock or aOcks
Of sheep must DO guaranteed or dip
ped, upon failure or refusal Of the
owner or OF the person In charge Of
such flock or 1Ocka of sheep 10 com.
ply thorowith the sheep inspector
shall summarlly take charge OF the
flock or hocks OF sheep, as under at.
tachment and shall see that the re-
uuircmenis OF the law ana Of the rules
and regulations ~ the board In rola.
lion 10 said flock OF fooks OF sheep
are complied with under his direction
and supervision The costs and ex.
penses necessarily thereby incurred
shall constitute lien upon said nOCk
or hocks of sheep, and said sheep shall
remain In the custody of the Inspector
until said costs and expenses are fully
paid, ans n the owner or the person
In charge Of such sheep fail TO pay
said costs and expenses within eight
days after the inspector has demanded
the payment thereof. the sheep sanl.
tary board shall institute legal pro.
ceedlnEs for the recovery thereof, and
said proceedings shall be as for the
foreclosure of an attachment lien on
said sheep. and IN said proceedings no
bond Hsall be- required from said
board
BY paragraph 8. section 4. above
quoted your board has the undOubted
right % prescribe such methods as
may seem proper TO 10 regarding the
dipping ~ sheep, 20 prevent the
spreading OF scab or other disease
among kc focks of this territory Tho
order OF your board above quoted Is
one OF the methods adopted 90 prevent
the spread of scab or other diseases.
Under inc law Il Ia MOI essential that
sheep should be- actuslly diseased bo.
tore your hoard can take action. You
may require sheep 30 be dipped which
are not diseased when In your jddg.
ment a rule or regulation o. necessary.
and upon failure of the owner OF any
mock Of sheep to dip the same as rc.
uuirod the sheep Inspector can under
tho proper directions take charge OF
he h0ck and carry out the require
ueuts of The board under the statutes.
The cost Ut the dipping OF the Sheep