The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-01-27

yielding milk, 100 per cent were tuber-
culous without his knowledge, or was
it because he wanted to have the state
of affairs kept under cover?
1.-THE incident has many wicked fea-
lures, but the most serious one GER
tainly is the kind of dairy supervision
which made it possible. Yours very
truly. (Signed) L. Van Els"
The bulletin brings to a conclusion
this case by giving the general laws
bearing on it, and general conclu-
sion of the case. They are as follows:
The Laws Bearing on Case.
Now, taking the evidence as placed
before us, we must consider the rela-
ton Of the food department and the
food commissioner to the work. Under
our state pure food law we have the
following clause with regard to adulter-
alton and food unfit for use:
"S.-n it consist wholly or in part
of diseased, filthy or putrid animal
or vegetable substance or If such sub
stance or substances are used in the
preparation thereof, or If it is the pro-
duct of diseased animal, or one that
has died otherwise than by slaughter"
~ - NiSdLly GNluGllls LlST6IuTGy lndA
the selling of meat diseased so as to
make the same unfit for human food,
as in the case of the two cows con-
demned, would be in direct violation of
the provisions of our pure food law.
We also find in looking over the city
ordinance that milk from animals is
classed as unfit for use when the same
comes from ''cows suffering from dis
ease which is accompanied by fever
or diesase due to septic absorption, or
those following and associated with
pasturition, tuberculosis, mammitis
mammary abcess, or those accompan-
led by persistent diarrhoea :" We also
note that no animal shall furnish milk
to Fargo which has not been tubercu-
line tested, or to be specific, Section
80 reads:
No person shall sell or offer for sale
in the city of Fargo any milk or
cream from any COW or dairy herd
from which such milk is taken, the
animals in which have not been sub
jected to the tuberculine test for tuber-
culosis within one year by the milk
inspector of the city"
The city ordinance also provides the
milk inspector shall visit each dairy
at least six times each year. and that
heshall also make inspection and in
vestigation as to whether any changes
have been made in the animals in said
dairy herd since the last inspection
thereof; and whether any animals
which have been added thereto have
been properly tested as hereinbefore
provided. 1t also provides that the in
spector shall examine, test and tag all
animals when notified of any changes
in the dairy herd. 1t further requires
that the inspector shall be informed of
such changes in the herd, or additions
thereto. 1t declares milk to be impure,
unwholesome, unclean, and unhealthy
when drawn from or mixed with milk
from cows suffering form any disease,
or when drawn from animals kept in
"a crowded or unhealthy condition, or
when taken from dairies or other places
where the tenants are afflicted with
infectious diseases. The city ordinance
also provides that all animals slaught-
cred in the city OF Fargo shall be in
spected and, therefore, butchers
Strengthening animals without comply
ing with this provision render them
selves liable to prosecution under the
law. 1t declares that meat shall be
deemed as diseased when affected with
'generalized and extensive tuber-
culosis 7"
There is also a state statute which
makes it unlaWful to sell, give away,
or in any manner part with any ami
NAL affected with or suspected Of be-
ing affected with any contagious or
infectious disease, with such exception
as shall be provided for under the
rules of the live stock sanitary board :
and in the case of any animal known
to be affected with or exposed to such
disease within one year, or prior to
such disposal, due notice Of the same
shall be given in writing to the person
receiving the animal.
General Conclusions.
From the evidence and testimony
which has been presented it is clear
ly evident that there have been viola
tions of the food law, of the city ordi-
nance, and of the live stock sanitary
law of the state. if we are to Judge
from the evidence as presented.
1. Since the animals slaughtered in
Moorhead were found to have been
diseased, and two of them condemned
as unfit for human food, Mr. Hanson
must have known that the animals
sold to G. f. Eggert were diseased at
the time when he disposed of them.
q Mr.. Hanson admits that at least
one animal in the herd was so badly
afflicted that clinical examination
showed its unfitness and the animal
was killed and burned.
g. The animals were tested for tub
erculosis some time during the latter
part of 1909, according to the testi-
mony of the city milk and meat in
spector and OF Mr.. Hanson. No furth-
er test was made until some time in
December, 1910, when, according to
the testimony of the city milk in
spector, none of the animals reacted
for tuberculosis; or, at least the test
was unsatisfactory
A. According to the statements of
Mr.. Hanson and DIR. Durham, during
the year a number of animals were
added to the herd. or, as DIR. Durham
has said in one place, fifty cows, and
there is no evidence that any of these
animals had been tested to ascertain
whether they were afflicted with tub
erculosis or not.
S. There is no evidence to show
that any inspection had been made of
the herd during the year past to as
certain whether there had been fur
Their spread of tuberculosis throughout
the herd, for it is clearly set forth that
when the tests were made in Decem-
ber 1909, seven or more Of the animals
were condemned.
/ s. IL 1t were known that the ami