No. 4.] REPORT OF CATTLE BUREAU. 243 



and killed. The man was also fined $20 for not reporting a 

 case of contagious disease to the Chief of the Cattle Bureau 

 or. its agents or inspectors. 



In August a stal^le keeper in Whitman was tried at the 

 district court in Abino;ton for sendino; a o-landcred horse to 

 Boston to be sold. The court discharged the defendant, on 

 the ground that the Commonwealth did not prove that he 

 knew or had reasonable cause to believe that the horse had a 

 contagious disease. 



At the same time a veterinary surgeon who saw the horse 

 in Whitman was tried on a complaint charging him that he 

 did not report in writing to the Chief of the Cattle Bureau 

 or one of its agents or inspectors a case of contagious dis- 

 ease in a domestic animal. His lawyer argued that there is 

 nothing in the law which requires this. Section 11 of chap- 

 ter 90 of the Revised Laws reads as follows : — 



Section 11. The board of health of a city or town, any 

 member or agent thereof or any other person who has knowl- 

 edge of or reason to suspect the existence of any contagious 

 disease among any domestic animals in this Commonwealth, or 

 that any domestic animal is affected with such contagious dis- 

 ease, whether such knowledge is obtained by personal exami- 

 nation or otherwise, shall immediately give notice thereof in 

 writing to the board of cattle commissioners or to any of its 

 members, agents or inspectors. Whoever fails to give such 

 notice shall be punished by a fine of not more than one hun- 

 dred dollars; but no such notice shall be required in the city 

 of Boston relative to glanders, farcy or rabies, which shall be 

 cared for by the board of health of said city. Upon the receipt 

 of such notice, the board shall inspect or cause its authorized 

 agent to inspect any such animals, and if upon such inspection 

 said board or agent suspects or has reason to believe that con- 

 tagion exists, it or he shall proceed according to the provisions 

 of sections eighteen to twenty-one, inclusive. 



His counsel took the ground that nothing in chapter IKi, 

 Acts of 1902, providing for a Chief of the Cattle Bureau of 

 the State Board of Agriculture, to have the powers and duties 

 formerly devolving upon the Cattle C'onnnission, si)ecities 

 that any one shall make any such reports to him, his agents 



