Commissioner of Agriculture 91 



the quarantine against rabies in that county were pending, you asked my 

 opinion as to whether you should be bound by the decision of the Supreme 

 Court, holding, in effect, that the writ would not lie because the charges 

 should properly be borne by the State. I advised you at that time that in 

 view of the fact that the attitude of this department was improperly repre- 

 sented to the court, and that its decision was evidently influenced by that 

 misrepresentation, the decision should not have controlling force with you. 

 Since then the case has been carried to the ' Appellate Division, Fourth 

 Department, and I have just been advised that this court unanimously 

 affirmed the order appealed from. 



In view of this decision, which is based on the ground that the charges 

 should be borne by the State, it is my opinion that you may properly honor 

 the request of the sheriff of Erie County to have his expenses paid from 

 your appropriation. 



Very truly yours, 



EDWARD R. O'MALLEY, 



Attorney-General. 



In view of the decision of the court above referred to and the 

 opinion of the Attorney-General, it would seem that the expenses 

 incurred by the sheriffs prior to May 15, 1900, duly called upon 

 by the Commissioner of Agriculture to enforce the terms of 

 quarantine as provided in section 9G of the Agricultural Law, 

 should lie paid by the state. This, however, was not understood 

 at the time the provisions were made by your honorable body in 

 1909 and was not taken into consideration in making the esti- 

 mates for expenses of the year for the Department of Agriculture. 



I, therefore, submit herewith a statement of the expenses 

 incurred by such sheriffs in enforcing such provisions of such 

 notices prior to Ma^ 15, 1909, as presented by them to this office, 

 at which time the amendment to the Agricultural Law took effect, 

 which specifically provided that the expenses so incurred should 

 thereafter be a county charge. This statement is submitted with 

 the recommendation that such provision be made for the payment 

 thereof as may be deemed wise. 



Expenses incurred by Sheriff of Amount 



John Bradley, Jr Saratoga County. . $160 00 



Maurice A. Tompkins Broome County 210 00 



G. S. Callaghan Orleans County 75 00 



Merton Baldwin Chemung County 1,750 00 



Richard C. Payne Columbia County 840 00 



D. H. Ames Cattaraugus County 50 00 



