Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-01-04
DIPPING
OF SHEEP
Territorial Board Has Lawful
Authority to Order Such and
to Enforce Its Mandate.
CAN'T IMPOSE FINES
Interpretation Of Law in Such Case
Made and Provided by Solicitor
General G. W. Prichard.

Solicitor General George w. Pricl
ard has handed an important opinio
to Hon. Solomon Luna, president O
the Sheep Sanitary Board, by letter a
follows:
Hon. Solomon Luna, President Sheel
Sanitary Board, Albuquerque, N. M
Dear Sir:-On account of. my alb
sence from the city | did not receive
your letter of the 30th, inst, until m.
return yesterday, regarding the re
fusal of an owner to dip his sheep un
der an order of the Sheep Sanitar!
Board
In your letter you say, 'We have al
owner of sheep who has positively re
fused to obey the order of the board
and refuses absolutely to dip his
sheep under government or our owr
supervision, but has dipped then
without such supervision" You also
say that this mans sheep do not have
any scab, and you ask my opinion
whether under the statutes your board
can take charge of and dip the delin
quent's sheep and hold the same un
til all expenses are paid and collect
the same from him by suit; and you
further inquire whether your board
can impose fine for failure of the
owner of the sheep to comply with
the boards order, and collect such
fine.
Under paragraph 3, section 4 of the
session laws of 1899, your board is
authorized "to prescribe such meth
ods to be observed in the dipping of
sheep as to them may seem proper,
and best adopted to prevent disease
and the spread thereof 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
prescribed Hereunder, saw proper to
adopt the following order: 1T is or
dered by this board, and sheep grow.
ers are notified, that all sheep within
New Mexico having the disease of
scabies must be dipped Immediately
and a second dipping given ten days
after the first, and that sheep which
do not have scab must be dipped at
least once between now and October
goth, 1904, but only when sheep are
dipped under the supervision of an in
spector will the dipping be recog-
nized as compliance with this order.
To insure the presence Of an inspect
or at your place of dipping, you should
give the secretary of the Sheep Sani-
tary Board at Albuquerque as long a
notice as possible of the time and
place where you wish to dip so that
an inspector may be notified to be
present. Owners of public dipping
places are required before opening the
same for dipping, to make application
to the. secretary Of this board and OBJ
tain permit to open the same. Uni
ted States government inspectors will
supervise all dippings and only such
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 to a
heavy fine.
Section 10 of the Session Laws re-
ferred to, provides Whenever, under
the provisions of this act or of the
rules and regulations of the Sheep
Sanitary Board in accordance with the
provisions Of this act, any flock or
hocks Of sheep must be quarantined
or dipped, upon failure or refusal of
the owner or Of the person in charge
OF such flock or flocks Of sheep to
comply Herewith, the sheep inspector
shall summarily take charge of the
mock or fiocks OF sheep, as under at
tachment. and shall see that the re-
quirements Of the law and Of the rules
and regulations Of the board, in re.
lation to said flock or flocks OF
sneep, are complied with under his
direction and supervision. The costs
and expenses necessarily thereby in
CURED shall constitute lien upon
said flock or flocks Of sheep, and said
sheep shall remain in the custody of
the inspector until said costs and ex-
penses are fully paid, and IL the own.
or or the person in charge Of such
sheep fail to pay said costs and ex
penses within eight days after the In.
spector has demanded the payment
thereof, the Sheep Sanitary Board
shall institute legal proceedings for
the recovery thereof, and said proceed
ings shall be az for the foreclosure OF
a attachment lien on said sheep, and
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