440 REPORT OF THE COMMISSIONER OF AGRICULTURE. 



bio in the liotcl at Austin, Tex.j, in presence of Maj. F. P. nolland, 

 editor of the Texas Farm and Ranch, and of Colonel Cardwell, of the 

 Austin Statesman. At this interview, Mr. Frisbie asserted with tlio 

 most positive emphasis that nouo of the unregistered Jerseys had ever 

 been exposed to pleuro-pneumonia ; that he never had admitted their 

 exposure; that none of them had ever been sick; that in re^icard to the 

 two which I had picked out as sicic on the farm occupied by Fitzwater, 

 his understanding was that these only had weak lung-s, that they were, 

 however, immediately separated from the remainder of the herd and 

 had never shown any further signs of sickness. He then asked mo 

 that in case ho permitted an inspection of the herd then in Texas, ami 

 I found no cases of pleuro-pneumonia, if I would give him a clear bill 

 of health for them. My reply was that, being satisfied that a number 

 of the animals had recently been exposed to pleuro-pneumonia and 

 were liable to show the disease at any time whether they were yet 

 affected or not, T could not under any circumstances, give him such a 

 certificate as lie demanded. lie thou absolutely refused either to allow 

 me to inspect the living animals or to examine the dead ones and learn 

 the cause of death. This terminated the interview. January 28 I had 

 an interview with Governor Ireland, and laid the facts as I understood 

 them before him for consideration, offering him the i>rofessional services 

 of the Chief of the Bureau or of any of its inspectors if he needed such 

 assistance. His answer was that they proposed to do things according 

 to law in Texas, and as there was no law applicable to such a case there 

 was nothing to bo done. When reminded of the enormous live stock 

 interests of Texas, and of the desirability of keeping a sui)ervision over 

 this suspected herd until all danger was over, of the fact that the 

 mere shipment of such a herd to his State might damage the cattle trade 

 millions of dollars unless a thorough investigation was made, and tliat 

 there were at tliattimo dead animals from this herd in regard to which 

 the cause of death should be ascertained, his response was tliat no in- 

 vestigations could be made except by the courtesy of Mr. Frisbie. 



It was now very ])lain that these animals would be sohl, no matter what 

 their condition. The law establishing the Bureau of Animal Industry 

 gave no authority to interfere, or to make an investigation against the 

 desire of the owner of the herd, and having pro]>erly notified the State 

 authorities the Chief of the Bureau felt that his duty and responsibility 

 was ended until further developments should occur. 



It is probably true that there was no law on tlio statute books of 

 Texas for properly dealing with such an emergency, but it is equally 

 true that the legislature was in session at the time, and, in the opinion 

 of high officials of the State government, a law could have been obtained 

 within a few days, if there had been a public sentiment in favor of it. 

 As a matter of fact this sentiment did not exist, and one of the reasons 

 was the unscrupulous manner in which evidence was collected, facts per- 

 verted, and false statements made to give the impression that there was 

 no reason for an investigation of this herd. The affidavits published in 

 Austin by IMr. Frisbie have already been referred to. January i), the 

 Austin Daily Statesman published an editorial which seems to have been 

 inspired by INIr. Frisbie, and which illustrates the manner in which the 

 case was worked up. Keferring to Mr. Frisbie it goes on to say : 



IIo IS one of tlio most omineiit brecclora in this country, .ami oujoys a wido reput;i- 

 tion as such. After consultation about tlie best point to bold an auction sa!o 

 of Jerseys be decided to come to Austin. In a co))y of the Texas Farm and Jlanch, 

 dated December 15, there was an elaborate notice of the conclusion reached by Mr. 

 Frisbie, and a full statement was made as to the prevalence of pleuro-pneumonia on 

 QUO of bis farms near Cynthiaua, Ky. On one farm they keep nothing but the tinost 



