Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-19
THE KILLING OF
DISEASED CATTLE
Attorney General Gives State
Veterinarian His Opinion
OF the Statute.
FEDERAL INSPECTORS TO ACT
Animals Affected With Incurabic NAL
ndIes Arc Declared 10 Havc
No Value

There is a conflict OF opinion between
the state hoard OF health and the Office
OF the state veterinarian as 10 tne
construction of the act creating the
Office and defining the duties OF state
veterinarian. with especial reference
TO the treatment of tuberculous cattle.
The state board OF health takes the
governmental position that IT Is allow
able for owners of condemned stock TO
sell the hides and unaffected parts OF
the meat. while the state veterinarian
calls attention TO the actual wording
of the statute which orders complete
destruction OF every part OF the animal
In view OF the difference OF opinion
State Veterinarian Young sent the FOL
lowing query to the attorney general
on the 18th Inst:
For the guidance OF work In this
department, viii you kindly give mo
your legal opinion as To the method
OF procedure in cases whcr animals are
afflicted with lncurablc Infections. OF
contagious diseases, and your construc-
ton of sections 4. 3. s, Q and IL, The
question on the latter section: Can fed
eral inspectors act with the same au-
thority as the state veterinarian"
Attorney 1tHcTHl bdTueS Itpleu uu-
der date OF Jan. Is:
Your question ls very broad / do
pot know exactly what parts of those
sections you desire construed. Section
4 provides for quarantine of infected
premises In case of contagious or in
fectlous diseases OF all animals mem
TONED In the act. | think the proce-
dure provided for Is clear. and | can
not see any necessity for a construc-
Tr.lap hE fieinr 81 fop :
where the promises have been previous
ly quarontlned. the veterinarian is au-
thorizcd and empowered when In his
judgment II Is necessary, 10 cause Il
slaughter OF the diseased animals upon
such quaratined premises. and l think.
also, the procedure provided for in this
section can not be misunderstood II
appears that the authority to cause the
slaughter OF animals as provided for
In section 5. goes no further than tnc
authority to slaughter diseased ami
mails mentioned on premises which
have previously been quarantlned, but
under the provisions of section 1t
would seem that were any animals
mentioned In the act have become in
fected with any incurabe disease, they
may be condemned and destroyed with
out compensation to the owner, and 1t
Is provided that such animals shall
possess no property value, and by this
section II Is made the duty of the
state veterinarian, or one of his as
sistants, To superintend the slaughter I
of such animals as may be condemned.
Under The provisions of section
IL Is made unlawful To dispose of by
selling, giving way, OF In any manner
parting with, to- another. any animal |
infected with contagious or infectious |
disease or any animal which has, or |
which the owner or his agent or em- |
ploye or the party In possession there
of, has reason to believe has, within |
30 days next preceding such transfer, |
been exposed to any infectious or con-
taglouS diseases, without first notify |
Ing the proposed purchaser OF purchas-
ers of such animal that 1t is so in
fcctcd OF has been so exposed
Under the provisions OF this section
II appears that II would not be unlaw-
full 10 sell OF dispose OF part with to
another. an animal infected with con-
tagious or infectious disease 1t is
simply made unlawful to do 80 with
out having first notified the proposed |
purchaser that the animal Is so affected
or has been exposed as above men
TONED. Now in regard To the provisions
OF section II OF this act. which reads
as follows:
The governor shall. through the sec
reta'y of agriculture at Washington
HSh tiie So-opeidllpU OF tue united
states bureau OF animal Industry in
controlling and eradcating contagious
and infections diseases in animals emu
merated in this act. and when said bu-
reau, through Its duly authorized rep
resentatires, agents or employees, shall |
be thus engaged. they shall possess the
same power and authority in this state
as the state veterinarian and his as
slstants under and by virtue of this |
act
Il take 1t that when the governor has
made such a request. us is provided |
Tor In this section, then the duly au-
thorized representatives. agents or en-
ploycs of the United States bureau of
animal Industry. acting under such re-
quest, act under the same power and
authority as state Veterinarian pos
sesscs; that Is. they act not only as
representatives OF the government. but
representatives OF this state, and they
would be protected In their acts the
same as the state veterinarian; but |
think the provisions of this section
contemplate simply cooperation OF
the government agents with the state
veterinarian, The state Veterinarian
has his duties expressly provided for I'm
this act which duties he should per
form. using his own judgment al all