Commissioner of Agriculture. 109 



brought over on the ferries, and so have made cases against the 

 parties receiving them and exposing them for sale. In one of 

 the cases made by this Department which was tried at 

 Norwich, Chenango county, on the thirtieth day of Septem- 

 ber, 1901, the question was raised by the defendant's attor- 

 ney to the effect that the statute, chapter 491, Laws of 

 1898, was repealed by the provisions of chapter 321, Laws 

 of 1901. It was reported to this office by the attorneys 

 who had charge of the case for the people that the judge 

 in considering the matter stated that the question of whether 

 it was or was not repealed by the provisions of the above- 

 named chapter was immaterial to the case at bar inasmuch 

 as that case was made prior to the enactment of the said 

 chapter 321, and the right of action was therefore preserved to 

 the people. He therefore did not pass upon the question of 

 whether chapter 321, Laws of 1901, repealed the provisions of 

 chapter 491, Laws Of 1898, but the judge expressed himself in- 

 cidentally in discussing the question as believing that it was so 

 repealed. The whole matter was therefore laid before the 

 Attorney-General with the object in view of testing this ques- 

 tion in the courts, or asking your honorable body to so amend 

 the provisions of chapter 321, Laws of 1901, above referred 

 to, as to re-enact the provisions of chapter 491, Laws of 1898, 

 which, if they were repealed, were so repealed by inference and 

 undoubtedly without intention. The wisdom of continuing pros- 

 ecutions under this chapter until this question is settled may be 

 debatable, but if the statute should be ultimately declared re- 

 pealed and a great number of cases should be pending in which 

 the defendants were to recover costs it would be expensive to 

 the State. I would therefore suggest to your honorable body 

 the re-enactment of the provisions of chapter 491, Laws of 1898, 

 by amending chapter 321, Laws of 1901, by adding thereto those 

 sections. This will end the controversy on the proposition as 

 to whether the statutes are still in existence with, in my judg- 

 ment, the least possible harm to all persons concerned. 



