Daily capital journal. (Salem, Oregon) 1903-1919, 1916-11-17
SANITARY BOARD
WILL ENFORCE LAW
Cattle Exposed For Sale Must
Be Given TubercuIin
Test First

strict enforcement of the tuberculin
test of cattle to be put up for public
sale will be made by the State Live
Stock Sanitary board, according to a
statement now being sent out to all
public auctioneers in the state by Dr.
W. Il. Lytle, state veterinarian and
secretary of the board All violations
of the law requiring this test will be
made to the county attorneys for
prosecution as the board is anxious to
have the provisions of. the law en-
forced. ~
DR.. Lytle's letter to the auctioneers
in part is as follows:
''Somc few weeks ago, at the sugges.
tion of the state livestock sanitary
board, consulted with the attorney
general to determine from him whether
or not the provision in the livestock
laws requiring the tuberculin testing of
cattle for public sale purposes was, in
his opinion, constitutional. The attor-
ney general replied as follows:
I'm your letter of October 3, you
request my opinion as to whether the
courts would be likely to regard us un-
constitutional section 81 of chapter H.
General Laws of 1913, because said sec
tion requires dairy animals which are
sold at public auction 10 be tested and
free from tuberculosis, while the same
animals might, without such require
ments, be sold at private sale.-
"'Section Is of this act makes it
unlawful for any person to knowingly
sci or offer to sell or in any manner
part with to another except for i'm
mediate slaughter any animal infected
with any infestious, contagious or com
municabe disease or which has been ex-
posed to such disease, This section is
general and applies alike to both pub
lie and private sales and is not open
TO the objection suggested by your
board.
When it is considered that the pur.
pose of section 81 is not like that of
section Is, to prevent the sale of dis
eased animals but rather to prevent
the exposure of diseased animals in
public places, it cannot be said that
said section denies to anyone the priv
ilege$ rights or immunities shared zy
others. Section 81 prohibits the exposure
of such diseased animals at any state
fair, district or county fair, or at pub
lie auction and is but an enactment
into the statutes of this state OF what
was at common law an unbeatable of
fense. To bring a diseased animal into
a public place was nuisance and pun
ishable at common law. Reg. V. Hen
son, / Dears. C. c., %. This rule was
continued ny the English statutes, thus
10 and 20 Wet. chapter l0l, does not
make it illegal to sell glandered horse,
but the offense is TO knowingly bring
or attempt to bring glandered horse
into any market, fair, or other open or
public place where animals are com
monty exposed for sale.
" With this view, / would advise you
that constitutional objections could not
be successfully urged against section
81. 1t is salutary measure and pecu-
liarly within the police power of the
state. 1t applies to all persons and
does not nreasOnably interfere with
the right of contract
"Hence, you will see in his iudg-
ment, section 81 is such that it can be
legally enforced It is the board IS in
tention TO demand a strict enforcement
of this section. All violations of this
statute will he Immediately reported to
the county attorney for prosecution.
Some reliable attorneys have held that
the auctioneer is equally liable for the
penalties imposed in section 81 That
l may be better understood, / here with
quote section 81 Of chapter Il, Session
Laws of 1918, which reads as follows:
% Section 81 No bovine animal over
cne year old shall be exhibited at any
sttae, district or county fair, or live
state exposition within the state un-
less within ~ months prior to such ex.
hibition it has been subjected to the tu-
berculin test and received a certificate
of health from qualified veterinarian.
No entry for exhibition Shall be accept
ed until such certificate is filed No
public auction sale of any herd or part
of a herd of dairy animals or animals
intended for breeding purposes, shall
be held except under the process of
court, unless all the animals offered Tor
sale have, within 10 months prior TO
such sale been submitted to tubercu
lin test and received a certificate of
health from qualified veterinarian.
ANY person who exhibits or permits the
exhibition of an animal in violation of
the provisions of this section. and any
person who violates any other provision
of this section, shall be guilty of mis-
demeanor and upon conviction shall be
fined not less than $50 nor more than
$3.50 , -