486 
TWENTY-SEVENTH ANNUAL MEETING 
suit all cases. If there is special legislation that touches it, for 
instance if a man sold an animal without warrant, we will say a 
horse that was sick, that proved to be affected with glanders, un¬ 
der our law he would not need to establish that it was represented 
to be sound at the time it was purchased. A special act of our 
Legislature makes it unlawful to sell such an animal, and the pur¬ 
chaser may recover the price paid and other damages. 
I do not know how uniform legislation could be had under our 
present State constitutions. I have ventured thus far to express 
my views on the subject, although they may not throw much light 
on the discussion. 
President Huidekoper: The Chair would like to answer one 
of Dr. Atkinson’s propositions. Fortunately in the West, most 
of the States have laws concerning contagious diseases. Take the 
illustration that he has just made of glanders. But during last 
spring in Philadelphia a case was brought into court of a glan- 
dered horse that had passed through the hands during the period 
0 f two years of some six different purchasers. Each one in turn 
had sold the animal with full knowledge that she was glandered, 
several of them knowing that they and'their neighbors had lost 
horses through contact with this animal. It was decided in the 
Pennsylvania court this spring that there was no law in Penn¬ 
sylvania that forbid the sale of a glandered animal, so that for 
Eastern States we need additional legislation very decidedly. 
Dr. Atkinson : That covers exactly the point I had in view, 
that where the common law is not sufficient to meet emergencies, 
statutory law must be enacted. In our State it is a criminal of¬ 
fense to sell an animal affected with such a disease, and the seller 
is liable to criminal prosecution, fine and imprisonment. That is 
a case where the statute is in aid of the common law and supplies 
the deficiency. Under the common law the seller would be 
liable for a breach of warranty or failure of consideration of the 
contract. 
President Huidekoper : .Remarks are now in order on Dr. 
Schwartzkopff’s paper on the Meat Inspection Law. He has pre¬ 
sented a very important subject and I would like to hear from 
some of you State Inspectors on the subject. Dr. Salmon, won’t 
