No. 4.] CATTLE COMMISSIOXERS' REPORT. 429 



■was solely placed upon a physical examination. The animals 

 condcumed by the commission were those reported by the local 

 inspectors as affected with the disease, and therefore consisted 

 only of animals where the disease had so far advanced as to 

 give external evidence satisfying persons of ordinary skill that 

 they were aflected with the disease. When the disease had so 

 far advanced as to give these external symptoms, it had in a 

 great majority of cases so destroyed the tissues of the body 

 and so robbed the animal of its vitality, that, looked at from 

 every stand-point, not only because of its danger to the public 

 health but as a mere money-making machine, it was practically 

 valueless. It was but natural, therefore, that the law should 

 dispense with the unnecessary machinery of appraisal, and that 

 such animals should be classed in the same category with 

 glandered or farcied horses. 



For the first time in the laws on this matter this act provided 

 that, where it should subsequently appear that the animal was 

 free from disease, the owner should receive the full value. 

 This change in the law was the result of a decision of the 

 supreme court in this State in a case where this Board ordered 

 a horse killed in Rehoboth as aflected with o-landers under the 

 provision of the law, without appraisal or payment. The 

 owner claimed that his animal was free from the disease, and 

 sued the constable who acted under the authority of this Board 

 for the value of the animal, claiming that he had no right under 

 such an order to destroy an animal which was actually sound. 

 The court in this case carefully reviewed the law, and stated 

 that this section which authorized the destruction of ijlandered 

 horses without compensation " by implication declares horses 

 with the fflanders to be nuisances, and we assume in favor of 

 the defendant that it may do so constitutionally, and may 

 authorize them to be killed without compensation to the owners ;'* 

 but the statute does not declare all horses to be nuisances, and, 

 as a result, the court decided that, while the Legislature might 

 properly cause animals actually diseased to be destroyed, it 

 could not deprive a man of a healthy animal for the public 

 good without paying the value ; that, as to the destruction of 

 such animals, it came within the provision of the constitution, 

 and that, as it was taken for the public good, the owner must 

 receive the value. (Miller v. Hoi-ton, 152 Mass. 540.) 



