The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-20
ATTORNEY
DEFINES THE ISSUE
Gives Opinion OIL the Statute
Relative to Slaughtering
Diseased Cattle.
INFECTED ANIMALS HAVE
NO PROPERTY VALUE
Government Inspectors Have
the Same Rights as the State
Veterinarian.

For some time there has been diff"
ference of opinion between the state
board of health and the state veteri-
marian with regard to the treatment
and destruction of tuberculous cattle.
The state board of health claims that
the government inspectors now in the
field making tubercuhn tests have
the right TO order infected cattle to be
destroyed and to superintcnd the de-
strrction; in short, that they possess
the same powers as the state vetcrj-
marian. The state board of health
claimed that the owner of infected
animals could dispose of Inose parts
of the animals that were not infected,
veterinarian denied To ascertain, the
proper status of the various officials in
the matter State Veterinarian Young
addressed the following letter to At
torDey-General Barnes TO obtain his
opinion:
For the guidance of work in this de-
partment. Will you kindly give me your
legal opinion as 10 the method OF pro-
codure In cases where animals are af-
fiictcd with incurable infectious. or cor
of sections 4. 5. 8, and II. The ques-
;ion on the latter section: Can federal
inspectors act with the same authority
as the state veterinarian?
In reply Attorney General Barnes
has sent the following opinion to DR..
Young;
Your question is very broad. do
not Know exactly what parts OF those
sections you desire construed, Section
provides for a quarantine OF infected
premises in case of contagious or jnieC-
lious diseases of all animals mentioned
In tho act. l think the procedure pro-
Nidcd for Is clear, and l can not see any
necessity for construction. Under the
provisions OF section ., where the prem
lses have been previously quaran tined.
The veterinarian Is authorized and en-
powered. when In his judgment Il is nee
cssary, 10 cause 4 slaughter OF the dis
premises. and I think. also. the proceed
urc provided for in this section not
nc misunderstood. IL appears that the
authority TO cause the slaughter Of ami
mails as provided for in section ;. goes
no further than the authority TO slaugi-
ter diseased animals mentioned on prem
ises Which have previously been qusran
lined, but under the provisions of section
II would seem that where any animals
mentioned IN the act have become in
f"cted with any incurable disease. they
may be condemned and destroyed with
out compensation To the owner, and it
is provided that such animals shall pos
ScsS no property value. ard by this sec
ton 1t is made the duty of the state vet
crlnarian, or one OF his assistants. TO su-
pcrintend the slaughter of such animals
as may he condemned.
Under the provisions OF section q Il is
made unlawful 10 dispose of by selling
giving away, or In any manner parting
with, TO another, any animal infected
With n contagious or infectious disease
az any animal which has. or which the
owner OF HIS agent, or employee, or the
party in possession thereof. has reason
10 believe has. within thirty DAYS next
preceding such transfer been exposed to
any infectious or contagious diseases,
without first notifying the proposed pur-
chaser or purchasers OF such ANNA thu
IT is so infected or has been so exposed.
Under the provisions OF this section il |
appears that it would not be unlawful
10 sell or dispose or part With to another. |
an animal infected With contagious or
infectious disease, II is simply made un-
lawful 10 do so without having first noti-
fled the proposed purchaser that the anil |
NAL is so affected or has been exposed
as above mentioned Now In regard to
the provisions OF section ]! OF this act |
which reads as follows:
The governor shall, through the sec |
retary of agriculture at Washington. ask
the cooperation OF the United States
bureau of animal industry In controlling
and ersdicatins contagious and infectious
diseases in animals enumerated In this |
act and when said bureau. through It's |
duly authorized represen tativcs agents
or employees, shall be thus engaged, they |
shall possess the same power and au-
thority in this state as the state voter
marian and his assistants under and by
virtue OF this act
take II that when the governor has
made such request as Is provided for
In this section, then the duly authorized
representatives, agents or employees OF
the United States bureau OF animal in
dustry. acting under such request. act
Under the same power and authority as
state vetcrtns risn possesses. that Is, |
the? act not only as representatives OF
the government. but representatives of
This stale, and they would be protected
In their acts the same as the state vet
rrinarian; but think the provisions OF
;his section contemplate simply COOP |
Grafton OF the government agents with |
tile state veterinarian, The state yetcr-
marian has his duties expressly provided |
for in this act which duties hc shouIu |
perform. using his own Judgment at all
times.
+ TT KENT