No. 4.] CATTLE COMMISSIONERS' REPORT. 419 



animals have a value greatly in excess of that for food or milk 

 purposes. These are fancy-bred, high-grade and registered 

 animals. In case such animals are destroyed by the commis- 

 sion, while they may possibly have a health value of $500 or 

 even $1,000, the owner receives one-half of the value, without 

 taking into consideration any of these special elements. 



While this is the basis of valuation in case the animal proves 

 to be diseased, a different basis of valuation is adopted where 

 the animal is found free from disease. The reason for this 

 difference is as follows : If the animal is diseased, the owner 

 only receives such a value therefor as is provided by the 

 statute. It is a value based only upon the milk or beef basis ; 

 but where the animal is not diseased, the statute simply pro- 

 vides that " a reasonable sum therefor shall be paid to the 

 owner by the Commonwealth." 



The reason for this distinction is that, if the animal is free 

 from disease, it is property taken for the public good, and the 

 owner, under the constitution, is entitled to the value thereof ; 

 and in ascertaining that value, as in the case of all other prop- 

 erty, all facts tending to give the animal a market value must 

 be taken into consideration, — its pedigree, breed, elements of 

 peculiar value and everything which would have influence upon 

 the mind of a buyer in determining the price which he would 

 pay. Hence, in practice, where the animal is free from disease, 

 the appraisal is entirely disregarded. 



Some doubt has arisen in practice as to the exact method of 

 determining the value of tuberculous animals under the pro- 

 vision of the act. The act provides that "one-half the value 

 thereof at the time of slaughter for food or milk purposes, and 

 without talxing into consideration the existence of such disease^ 

 shall be paid," etc. 



When this section was drawn, it was the intention of the 

 commission, and it was also understood to be the intention of 

 the agricultural committee and the Legislature, that this 

 should simply mean that the basis of value of the animal for 

 payment by the State should be the animal with all her 

 apparent infirmities as she stood at the time of slaughter, 

 simply disregarding the fact that she was then afflicted with 

 the contagious disease of tuberculosis. Appraisers, however, 

 have very largely placed a difi*erent construction upon this 



