The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 49,
l.. f. Cory, Plaintiff,


l., f. Cory, Plaintiff
Commissioner. and The Board of County
Commissioners of Republic County, De-
Original Proceedings in Mandamus.
ALLOWED IN PART AND DENIED IN
PART.
Syllabus By the Court Burch, J.
1. Section of chapter 312 of the Laws
of 1911 provides, among other things; that
the right of indemnity for animals killed
by order of the live stock sanitary COM
missioner, pursuant to his duty to protect
the health of domestic animals of the state,
shall not extend to animals which were
brought into the state from district of
account of which the animals are killed, or
which were brought into the state in dis
the live stock sanitary commissioner Rule
10, promulgated by the live stock sanitary
commissioner, provides that no CATTLE to be
used for dairy purposes or pure bred or
registered cattle to be used for breeding
purposes shall be admitted into Kansas
isfactory tubercuiin test showing them to
be. free from tuberculosis, applied within
veterinary of the Bureau of Animal Indus
try, or by veterinarian whose competency
and reliability are certified to by the au-
thorities charged with the control Of dis
eases of domestic animals in the state
such certificate must be given to the owner
or person in charge, one sent to the live
stock sanitary commissioner at Topeka, and
one to the common carrier to attach to the
way bill. HELD, the rule must be strictly
complied with. 1t is not sufficient that
the test be applied BY a veterinarian whose
by the board charged with the control of
diseases of domestic animals in the state
where the cattle originate. The test must
be made by yeterinari an whose com
such board or else by veterinary in
spector of the Bureau of Animal Industry,
and copy OF the certificate must be sent
Topeka before the right to indemnity at
Of halo, 70
the plaintiff were ordered killed by the live
stock sanitary commissioner after the tub
after the live stock sanitary commissioner
acting in good faith and pursuant to au-
thority duly conferred had decided, that
they were afflicted with tuberculosis. On
post norton examination it was found that
three of the animals were free from tuber-
culOSis. They had been brought into the
state in violation of rule 10. HELD, the
plaintiff is not entitled to indemnity
3. When cattle are ordered killed by the
live stock sanitary commissioner it is his
duty, acting. in conjunction with the chair
man of the board of county commissioners
of the county in which the animals are To-
Gated and the owner, to appraise them at
claws 1911, CHI. 3D.. 81 HELD, the
appraisement may be made by deputy
employed for the purpose by the live stock
the board of county commissioners refuse
to act the appraiseiment may be made by
his deputy, and the owner. In making the
appraisement the statutory rule governs
demned animal shall necessarily be ap-
praised at the value of the carcass because
diseased and because it must be slaughter
ed at once
4. When animal condemned and ap-
praised is delivered TO the live stock sani-
tary commissioner for slaughter he gives to
the owner an order on the board of county
commissioners for amount equal to
fifty per cent of the appraised value of the
animal. which the board of county COM
missioners is required to accept and pay
claws 1911. ch. 312, secs. s. 30 HELD.
the order is conclusive on the board of
county commissioners. in the absence of
fraud collision similar misconduct, and
| in an action of mandamus to compel pay
ment of such an order it is not open to the
board of county commissioners to show
that the animal came from infected dis
| trict of another state, or was admitted in
violation of rule 10, or that the ppraisement
was excessive.
All the Justices concurring except Daw-
son. J.. who did not sit.
true copy
Attest: D. A. VALENTINE.
ISeaI.1 Clerk Supreme Court.