EEPOKT OF THE BUREAU OF ANIMAL INDUSTRY. 319 



doubtedly be continued, and in all likelihood increase to an extent 

 equal in size to that of the year 1884. It is therefore important in 

 the interest of cheap food, and in justice to the cattle interests of 

 both sections, that such uniform live-stock sanitary regulations by 

 all western authorities be secured as will give the greatest possible 

 freedom to the movement of southern cattle consistent with safety 

 to northern herds. 



RESTRICTIONS ON TEXAS CATTLE. 



The following quarantine regulations, placing restrictions upon 

 the movements of Texas and southern cattle, are given for the infor- 

 mation of the Department. It will be noted that the Dakota author- 

 ities absolutely refuse to receive cattle into that Territory from any 

 portion of Texas unless driven all the way. This action amounts 

 practically to a total prohibition against the entrance of Texas cattle 

 into that Territory, for the reason that the difficulties in the way of 

 the drive are so great as to almost preclude the movement by trail. 



The action of the Dakota authorities is certainly unconstitutionaL 

 While it is admitted that Dakota has the right under its police 

 powers to place such restrictions on the entrance into the Territory 

 of cattle from such infected districts as experience has demonstrated 

 are necessary to protect the health of her cattle, at the same time it 

 is not tenable to arbitrarily stop the introduction of cattle simply 

 because they are from Texas. Where restrictions are placed on the 

 movement of cattle on a pretext of disease it tends to weaken the 

 entire cause of protection, because it leads people who may have 

 doubts of the necessity of restrictions to think that all restrictive 

 measures are inaugurated for selfish and ulterior purposes. A nota- 

 ble instance in illustration of this came under my observation at the 

 time of the outbreak of pleuro-pneumonia at Mandan, Dak. When 

 I was in Montana, aiding in quarantining cattle that had been ex- 

 posed to infection from the Mandan herd, I found considerable diffi- 

 culty in securing quickly by wire the necessary data from railway 

 and stock-yard management, owing, as freely alleged by Montana 

 cattlemen, to the doubts existing in the minds of these officials as to 

 the existence of the contagion and consequent danger. Montana 

 stockmen expressed the regret at that time that during the previous 

 year the authorities of that Territory had ordered all Texas cattle 

 quarantined at the State line for ninety days, no matter from what 

 part of the State the cattle originated. This order was afterwards 

 revoked, but it was so clearly unnecessary and illegal that the owners 

 of herds from Texas did not pay any attention to it, and the Montana 

 authorities were afraid to attempt to enforce it. The following is 

 the proclamation of the governor: 



Quarantine proclamation. 



TERRITORY OF MONTANA, GOVERNOR'S OFFICE, 

 Helena, May 11, 1888. 



Whereas on the 20th day of May, 1886, and on the 28th day of April, 1887, and 

 again on the 3d day of February, 1888, the governor of this Territory issued quar- 

 antine proclamations', by the terms and provisions of which all persons were for- 

 bidden and disallowed to introduce or bring into this Territory any cattle whatever 

 from the State of Texas, except such as were traveled on foot all the way from that 

 State to this said Territory, and that provision of said proclamation is now in full 

 force: 



And whereas written assurances and representations are now on file in this office 

 that cattle raised (or that have been continuously ninety days) in that part of eaid 



