226 TRANSACTIONS OF THE 



vidual owners who will take every opportunity to deny the authority of 

 persons who attempt to quarantine their herds or kill their animals, and by 

 suits at law, injunctions, etc., will seriously interfere with the successful 

 execution of the national law. This resistance would, in my judgment, 

 be exceedingly detrimental to the cattle interests of the country — would 

 temporarily stop the work — and it might practically stop all work of extir- 

 pation until the constitutional question of the right of the National Gov- 

 ernment to do this work within a State without the consent of a State, is 

 passed upon by the Supreme Court of the United States. It is unnecessary 

 to comment upon the great danger which this condition of affairs would 

 bring to the cattle industries of the country, and the deplorable conse- 

 quences that might result from the suspension of the present work, and 

 allowing this disease to spread without check or hindrance, while waiting 

 for the judicial construction of the law. The present work in extirpating 

 this disease being done by the Bureau of Animal Industry, is going on 

 smoothly, harmoniously, and effectively by means of State cooperation. In 

 the State of Maryland, where the disease has existed for many years, the 

 State laws are ample to control this plague in the manner adopted by the 

 bureau in its work, and the State authorities have conferred upon the 

 bureau and its officers full authority to work under their laws. In the 

 State of New York the Legislature has passed a special Act giving to the 

 bureau the power of inspection, quarantine, and condemnation of animals, 

 with authority to enter upon any ground or premises in that State for these 

 purposes, and has made the officers of the bureau peace officers, clothed 

 with all the powers and rights incident to such authority. In addition, the 

 Governor, by virtue of a previous Act, has, at the request of the bureau, 

 made such executive orders as makes it a misdemeanor for any person to 

 violate the terms of quarantine. In New Jersey, the State officers are 

 cooperating to the full extent of their authority, and the method of quaran- 

 tine adopted by the bureau is being enforced. To perfect the State law of 

 New Jersey, which has some peculiar features which it were better for this 

 work to have changed, I have sent to the Legislature of that State a pro- 

 posed Act of cooperation, which I take the liberty of inclosing to your 

 committee, so that it may see the character of the State legislation the 

 bureau is endeavoring to secure. I therefore believe it best that this work 

 should be continued upon the same lines it is now working, and that it will 

 be unfortunate and ill-advised if any new and untried plan should be 

 adopted. 



As the power to do this work now being done by the Bureau of Animal 

 Industry, comes in a large measure from the Appropriation Act of March 

 3, 1887, it would be advisable that the organic Act of the bureau should 

 be so amended as to include this authority and thus make it permanent, 

 and not dependent on temporary legislation from year to year. I would 

 suggest, therefore, that certain amendments be made to the Act of May 

 29, 1884, as follows: 



In the first section of the Act the limitation of the force of the bureau to 

 " twenty (20) persons at any one time," should be stricken out. The same 

 section should give, in addition to the powers now granted, the right to 

 inspect, quarantine, and disinfect all animals or premises, and the right 

 to enter upon any grounds or premises for these purposes, also the right of 

 condemnation, appraisement, compensation, and slaughter of any animals 

 found to be diseased or exposed to the disease. 



In section three of the present Act, the limitation of the expenditure of 

 money to investigation, disinfection, and quarantine measures, should be 



