144 ESSENTIALS OF VETERINARY LAW 



to attract the attention of those most interested. 

 If enacted by a board, the minutes of the board 

 should show a quorum present, and that the rules 

 or regulations were formally presented and passed, 

 and they should be fully recorded in the minutes. 

 The record should also show either that the meet- 

 ing was a regular meeting, or that it was legally 

 called. Violations of these provisions might be 

 held to be a violation of due process of law, in 

 that the victim had no opportunity to be heard.^^ 

 108. Dia^osis. The matter of diagnosis in 

 infectious diseases is most important. Clearly 

 such a decision should only be made by those who 

 are technically educated, and who are free from 

 special interest. In other words so nearly as pos- 

 sible it should be made with reference to animal 

 disease only by a veterinarian, and that veterina- 

 rian should be a public officer who is not engaged 

 in private practice. It should never be subject 

 to review in court, where the judge must depend 

 upon others for expert opinion. On the other 

 hand, especially where the local work is in charge 

 of veterinarians engaged in private practice, jus- 

 tice demands that either side may appeal within 

 the department. This implies that there be a 

 thoroughly organized department, either within, 

 or without, the regular state department of health. 

 This provision should be made clear in the gen- 

 eral statutes of the state. It is the province of 

 the official veterinarian to make the diagnosis, 

 even where the statute is silent upon this point, 

 and he will be upheld generally by the courts, 



29 People V. Tait, 261 111. 197, 

 103 N. E. 750. 



