Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-04-12
Their Powers Are Defined by Alton
ney General 0aIen for veterinar.
ian Knowles.
very IMPORTANT RULING
Interpretation Of Laws Relating to
Quarantine Of Cattle Under Meat
and MIX insoection Act.

or to the inspection OF such animals
as are intended for human consump-
ton with the view of ordering any
that might be seriously infected with
disease to be slaughtered, the power
rests wholly in the veterinarian or
his duly appointed deputy
This is the opinion of Attorney Gen.
eral Albert J. Galen, as expressed in
a communication of State Veterinarian
M. e. Knowles yesterday, in response
to an inquiry from the latter official
on the question Of the powers of meat
and milk inspectors-the opinion be-
ing one of the most important rem
dered by the attorney general since
he took up the duties of the office.
The Opinion.
! The text of the opinion follows:
Yours of the 14th ult., requesting
an opinion, duly received and consid-
cred. You state the meat and milk
inspectors in Deer Lodge, Silver Bow
and Cascade counties have in quaran-
/ lluC d uuluUcl VI CdlLIS duCCICN Will
tuberculosis, and you ask powers OF
such inspectors, and what disposition
should be made of these cattle; wheth-
er they can be held in quarantine in
the future, and whether such inspec-
tors, or yourself, as state veterinarian,
have the right to brand such cattle,
when condemned by meat and milk
inspector, or yourself or deputy, with
the letter ~ on the jaw, as provided
by division IL of circular eight of the
Montana state veterinary department.
THE meat and milk inspection law
passed in 1903, provides for the ap-
pointment by the president and sec.
rotary of the state board of health
and the state vetinarian, of meat and
milk inspectors who shall be designat-
ed deputy state veterinarians Sub
| division four of such law provides that
the rules and regulations and method
OF inspection adopted by the bureau
of animal industry of the United
States. supplemented by any rules
which may be necessary by the afore-
said mentioned board, snail be taken
as the standard of meat inspection.
Section five provides that the meat
and milk inspector shall have the
right to condemn any meat, carcass,
ETC., or to condemn cattle, sheep or
swine, ETC., whenever the same are
intended for food for human consump
ton.
| Purpose Of inspectors.
1T Is clear from the above Sec
tons. and in fact from the language
used in all the sections Of such law
defining the powers and duties of
meat and milk inspectors, that they
are appointed for the purpose only
of inspecting meat and milk intended
for food for human consumption, and
while they are designated deputy state
veterinarians, their power as depu-
ties is Unite dto the special work re-
quired Of them under this law. Thus,
under section five, they have the right,
after examination, to condemn any
meat, etc., or to condemn cattle, sheep
etc., and after the animals are slain
they can destroy he meat by slash
ing the same with knife and inject
ing kerosene therein, SO as to make
it impossible to be used for human
consumption. Also, under such law
and the rules adopted by the board
under sections four and 81. they have
| uthority to quarantine temporarily, all
NotIC IAICAuCu III lOOu VI tAdI dIC We
ing MIXED for human consumption,
in order that they may make the
proper inspection of such cattle to as
| certain IL they are affected with tuber-
| culOsis.
1T seems, however, that when the
| inspector has quarantined the cattle
| and made the necessary examination
that all he can do is to condemn the
nr tho mill hot OH IN to1x
en- from the COW, as unwholesome for
human consumption. and under rule
IL of circular No. of the Montana
state veterinarian department, you or
your deputy or inspectors have auth.
GRITTY to brand on the jaw with the
letter 'T' any cattle they find infected
and have condemned.
Can Do No More.
More than than this l do not believe
| they can do. When it comes to in
| specting cattle or other animals not
intended for human consumption, or
to the inspection of such animals as
are intended for human consumption
with the view of ordering any that
might be seriously infected with dis
ease to be slaughtered, the power
rests wholly in the state veterinarian
or his duly appointed deputy, under
section 3.O1S. of the political code,
as amended by the laws of 1901, page
129. Under section 3OO1, as amend.
| ed by the laws of 1903, and sections
1904 and 3,OO5. of the political code,
the state veterinarian has authority
to quarantine diseased animals and in.
fected premises, and III case of an
epidemic of disease, where premises
have been previously quarantined by
the veterinary surgeon. he is author
| lied and empowered, when in his judg-
| ment necessary, to order the slaughter
| OF any or all such diseased animals
on such premises and of all such ami.
mails as have been exposed to con-
tagion or infection. under the restrio.
| tions provided in sections 3,OO5 and
| 3,006.
THE state veterinarian, under his
authority of direct supervision of in
spectors, may inspect milk and meat
and perform all other duties that are
| imposed by said law of 1903 upon
meat and milk inspectors, and in ad-
dltion he can perform all the duties
required of him under sections 5000
to 3,Ol8. of the political code. On
the other hand, meat and milk inspec.
tors appointed by the board under
the laws OF 1903. cannot perform all
the duties and have not the same au.
| thority that the state veterinarian and
his duly appointed deputy have, their
authority being limited to the carry
1 rS "a 1t