186 IOWA DEPARTMENT OF AGRICULTURE 



Mr. Swearingen : I move that our president and secretary 

 take up this matter and find out wlio owns these cattle after tliey 

 leave our hands, and that it be reported at the next meeting. 



Mr. Drury: There isn't the least doubt in the world but what 

 we own the cattle; it doesn't need any investigation. 



Mr. Doran: I would like to ask Mr. Hallett whether the stock 

 yards or packing company is a common carrier. In the decision 

 on the $2 switching charge, it was held by the supreme court that 

 they had a right to make that charge, because they carried the 

 cattle at their expense. If they are common carriers, I don't see 

 how they could avoid responsibility for the stock destroyed while 

 in their care, under the present law. 



Mr. Ames : Does that motion carry with it the only means of 

 settling this question? 



Mr. Swearingen : That motion stated on the face of it just 

 what it meant, and any other motion can lie made subsidiary to 

 that. 



Mr. Araes: I anticipate, then, that we will have to provide for 

 a lawsuit ; that is the only way it can he decided. 



President Sykes: IVIr. Wallace suggests that possibly this in- 

 formation can be obtained and published in the coming annual 

 report. 



(Motion duly submitted and carried.) 



The secretary has had correspondence with a number of par- 

 ties concerning the matter under discussion. The following is 

 quoted from a letter received from' C. W. Baker, secretary of the 

 Chicago Live Stock Exchange, on January 19th : 



The Stock Yards Company at these yards, and the commission mer- 

 chants absolutely and unequivocably deny any responsibility for loss of 

 live stock by fire. The commission merchant is, in fact, a commission 

 agent or broker, acting for and in behalf of the consignor or owner of the 

 live stock in the capacity of agent, and cannot be held as such for any 

 loss by fire that may come to any live stock in his possession as such 

 agent, the title and ownership of such stock being vested by law in the 

 owner, and can only be taken from the owner by process of law. 



I understand that the Louisville and Cincinnati Stock Yards Com- 

 panies make a charge of 10 cents per head for live stock coming into 

 their yards, in return for which they provide insurance and guarantee 

 owners against any loss by fire while stock is in their possession. 



