432 KEPOKT OF THE COMMISSIONER OF AGRICULTURE. 



of limg plagae among the cattle of that State, many of the citizens ad- 

 vocated an extra session of the legislatnre in order that sucli laws might 

 be enacted. They argued that as the next regular session would ]]ot 

 begin until after a period of more than a year had ekipsed, the spread 

 of the malady might before that time work irreparable injury to the cat- 

 tle interests of the State. 



On the other hand, Governor Knott contended that the common law 

 and the general provision of the statutes in regard to distemi)cred cattle 

 were amply sufiicient to accomplish all that could possibly bo done by 

 legislation. 



The following letter, which I find in the Home and Farm, a pai)cr pub- 

 lished at Louisville, Ky., in its issue of October 15, 1885, gives the gov- 

 ernor's views so clearly that it is inserted as a document of great inter- 

 est at this time: 



Frankfoiit, Ky., Se^yianhcr 24, 1885. 



To tlie lionoraMe judge of the county court and justices of the conrl of claims of Fayeile 



• Count tj : 



Gentlemex: I am this moment in receipt of a cojjy of your rcsoliition of tlio 20i\\ 

 instant, calling my attention to the fact that the disoaso kno^Tn ay plenro-pneumouia 

 ha'i made its appearance in an extensive herd of cattle near Cynthiana, in Harrison 

 County, and suj^gestiug in my "experience and intelligcuce some means migbt bo found 

 to avert what threatens to he a most serious calamity, in view of the highly conta- 

 gious character of that malady." 



Tendering yon my siucorest thanks for such a distinguished indication of your con- 

 fidence, I have the honor to say that the subject had already excited ray liA-eliest 

 interest, and I had, on more than one occasion, expressed to others my willingness to 

 do anything in my power that might be necessary to prevent the spread of that dis- 

 astrous plague in our State. It is a mistake, however, to suppose " that there is no 

 law in existence to meet the gravity of the occasion;" on the contrary, it strikes me 

 that the law is amply adequate to the emergency. 



Should the owner of a herd of cattle, known to bo infected wuth pleuro-pnoumonia 

 or any other contagious distemper, keep them in such a situation as would bo likely 

 to favor the communication of the contagion to others, he would Ije liable to indict- 

 ment under the common law for maintaining a nuisance, and, upon conviction, to 

 puuishtnent by fine and imprisonment, in the discretion of the jury, and in addition 

 to that judgment the court would have power, if the otfenso Avere laid with a coniin- 

 uando, to order tliat the nuisance abate, and the abatement might bo enforced, if-nec- 

 essary, even to the destruction of the property from which the nuis.anco springs. The 

 court would, in such cases, have authority to order the sequestration of the infected 

 herd until all liability of communicating the contagion had ceased, or its destruction, 

 as the circumstances might indicate to be more advisable. 



Even priA^ate citizens may, at their oatu expense, abate a public nuisance, though 

 they would be compelled to answer in damages in case they should resort to violence 

 beyond what is actually needed, or the fact should turn out to be insuflicient to au- 

 thorize such peremptory intervention. In view of such responsibility, of course no 

 private citizen of ordinary prudence would think of resorting to such a remedy ex- 

 cept in theextremest emergency, especially as the courts haA-ei)owerto give complete 

 redress. 



In addition to the remedy by penal prosecution, which may result, as I haA^e already 

 said, not only in the fine and imjirisonment of the delinquent owner of such infected 

 herd, but the sequestration or destruction of the herd itself, he would be answerable 

 in damages to anyone directly injured by the siiread of the contagion, after the facts 

 of its existence had come to his knowledge. 



Besides, you will observe, by reference to sections 4 and G, chapter 9, general stat- 

 utes, that if a justice of the peace be informed by affidaA'it that the owner of any 

 distempered cattle has permitted them to run at largo outside his inclosure, or has 

 driven the same into or through any part of this Commonwealth, except from one por- 

 tion of his OAvn inclosure to another, it is the duty of such justice to issue his order, 

 in the name of the Commonwealth, commanding the owner to impound them; and if 

 he fail or refuse to do so, or permit them to escape, the magistrate has power to order 

 the cattle to be killed and buried at the expense of the owner. 



It seems to me that if these remedies are insufficient to eradicate or to prevent the 

 dissemination of pleuro-pneumonia, it would be difficult, if not imp^ossible, for legis- 

 lative AV'isdom or ingenuity to devise any that would accomplish the'se ends. 



I will add that the owners of the herd supposed to be infected are fully aware of 



