No. 4.] REPORT OF CATTLE BUREAU. 323 



of Westborough, is a contagious disease within the meaning of 

 the definition of that term contained in Revised Laws, chapter 

 90, section 4. The disease in question is stated to be appar- 

 ently contagious, but not dangerous to the animals attacked by 

 it or to the health of persons who may be brought into contact 

 with it. Upon these facts you inquire specifically whether 

 there is any legal authority in the chapter above referred to, as 

 amended by Statutes of 1902, chapter 116, section 3, for iso- 

 lating and forbidding the sale of animals from herds where 

 such disease exists, until the danger of contagion is over. 



Assuming that the disease in question is in no respect dan- 

 gerous to mankind, I am of opinion that you have no Jurisdic- 

 tion in the premises. The evident purpose of the statute was 

 to protect and preserve the health of persons purchasing the 

 several products derived from domestic cattle; and it was not 

 intended to relieve the owner of cattle from the responsibility 

 of their care and maintenance or to preserve the health of the 

 cattle themselves. The diseases specifically enumerated in sec- 

 tion 28 of chapter 90 of the Revised Laws appear to be conta- 

 gious diseases which affect the products derived from cattle, 

 either milk or meat, and through them the health and safety 

 of the persons by whom they are consumed. Tlie powers 

 vested in the officers of the Cattle Bureau, in the case of the 

 contagious diseases enumerated in the statute, are very broad, 

 and for that reason are not, in my opinion, to be extended by 

 implication to diseases other than those specifically mentioned 

 in section 28. 



Very truly yours, Hekbert Parker, 



Attorney- (Scneral. 



It appears from the above that only the diseases specified 

 as contagious within the meaning of the act can be legally 

 dealt with by the Chief of the Cattle Bureau. 



Mange among horses and dogs is more prevalent than 

 formerly in Massachusetts. Mango among cattle is causing 

 a great deal of annoyance and inconvenience to cattle 

 owners in the west. If cattle mange should appear in this 

 State, or any new or unthought-of contagious animal disease, 

 the Chief of the Cattle Bureau would not have the authority 

 necessary to cope with an emergency of this kind. The 

 law should be amended so as to include some of tliese other 

 diseases, in case an emergency called for State control, or 



