STATE BEE-KEEPERS^ ASSOCIATION. 157 



corporated or as an individual; but here is a man that has 

 got 50 colonies of bees on his farm — I don't believe he can 

 be assessed on them. If a test case was made, from the very 

 fact of its fluctuating character, I do not believe he could 

 be assessed. The honey might be assessed, and possibly the 

 hive, if you could fix what the value would be, but not that 

 which deteriorates and is so fluctuating it would be almost 

 impossible to determine. But the product of the bees in his 

 possession is property that is assessable. Just the same as in 

 your commission business if you have a thousand cases of 

 honey in your warehouse on the first day of April you are 

 assessed upon that, upon its market value, upon a fifth of its 

 fair cash valuation. But upon bees out in the field there is 

 no assessment. I don't believe it ever can lie. 



Mr. Colburn — I had hoped to continue this discussion on 

 foul brood because I am particularly interested in it. I am 

 no lawyer, but listening to the gentleman here I want to say 

 this, he makes a particular point of fercB naturce. I want to 

 ask if the wild ox and the wild goat and all animals were 

 not at one time ferce naturcef Mr. France has a great many 

 papers here pertaining to the legal status of bees. Quite a 

 number of decisions have been made lately in regard to that 

 very point. Bees sometimes leave my premises and go on the 

 premises of my neighbor. The question is whether I could 

 go after them or not. Mr. France might be able to tell us 

 about the legal status. As to bees being assessable in con- 

 sequence of their fluctuating nature, you might answer the 

 question by saying a man might have 50 cows on his place 

 and they may all die. Therefore I don't consider that is a 

 good argument in that view of the case, for the assessor 

 doesn't care a cent what is to become of that property; if he 

 finds it in my possession he will assess it. The big factories 

 up in the stock yards have a million, or two million dollars' 

 worth of pork piled up there. When the assessor goes around 

 it is all in New York, but if it is there he will assess it. The 

 same way with bees. I think they are assessable if they are 

 there at the time the assessor comes around. 



Mr. Kimmey — I :want you to indulge me just a minute. 

 All of these men who have talked want this discussion 

 stopped. I am responsible because I asked the question. I 

 used to be a lawyer myself. I didn't know much law and 

 have forgotten a good deal I once knew. But I commenced 

 in 1868 in the business and have been connected with it ever 

 since, and after listening to Mr. Swift on the question whether 

 bees are assessable or not, I believe he is mistaken. 



Pres. York — They used to be when you studied law ! 



Mr. Kimmey — You men that have been convicted at law 

 don't say anything. You remember the Irishman who said, 

 "I don't want to go to trial." The judge says, "You needn't 

 be afraid, you will get justice, and be jailed." He replied, 

 "That's just what I don't want." [Laughter.] It is true my 

 bees go out on my neighbor's lawn and gather their honey, 

 but it is also true that bees have been recognized by the laws 

 of this country as property, but prairie chickens have not. 



