DISEASED animals; TRANSPORTATION, ETC. 345 



summer months were infected with the disease or that such 

 cattle were so generally infected with it that it would have 

 been impossible to separate the healthy from the diseased — 

 tipon proof of which a general question might have been pre- 

 sented for the consideration of the court. The court added 

 that certainly all animals thus infected may be excluded from 

 the State by its laws until they are cured of the disease or 

 some safe means of transportation is devised. ^*^ 



In a late Missouri case it was held that a statute forbidding 

 the transportation through Missouri of Texas or other cattle 

 affected with Texas fever, was void as an interference with 

 interstate commerce, but that a State may prevent the im- 

 portation of such diseased cattle into its territory or prescribe 

 the kind of cars in which they may be transported through the 

 State and such other precautionary measures as may be rea- 

 sonably necessary. It was also held that to make a railroad 

 company liable for cattle catching disease by treading over 

 the ground after diseased cattle, it must be shown that they 

 knew such an act would communicate disease and that the 

 diseased animals escaped through their negligence. Courts 

 will take judicial notice of the fact that Texas cattle have some 

 contagious or infectious disease communicable to native cat- 

 tle [overruling the earlier case of Bradford v. Floyd ^®^]. 

 "Scientific investigation has demonstrated, and it is now a 

 matter of general information or knowledge that Texas cattle 

 are not, in fact, diseased themselves so as to render them un- 

 healthy for food, but that all Texas cattle are infected in their 

 systems with a parasite or germ, which is harmless to them 

 "but which, when taken into the stomach by native cattle, pro- 

 duces what is known as Texas fever." ^^* 



"bring sheep into the State and those who have sheep within the State, and 

 is unconstitutional: State ^'. Duckworth (Ida.), 51 Pac. Rep. 456. 



'=' Kimmish v. Ball, 129 U. S. 217. And see Mo., K. & T. R. Co. v. 

 Haber, 169 id. 613. 



"'80 Mo. 207. And see Patee v. Adams, 37 Kan. 133. 



'™ Grimes v. Eddy, 126 Mo. 168. And see Selvege v. St. Louis & S. F. 

 R. Co., 13s id. 163. 



