Chap. _S¥ g 08 eS Shelf M Ba tt ----4 UNITED STATES OF AMERICA. SRR RE 3 Aus £ Bue ALA ee Mi sen AWG wh teens we! rs ee at a Pn wy oo i] fA ee." i, ae ‘ a a) mer ei sf ta ; re it | ‘SOY d Vane Vee ire i ' at ; weal Natl aval vi ; Mi «4! ue ile 4 ‘ ) “ae ‘ a a | Wid OAKS ' H iu - t ie by " ee 4 weno a Ay rane a nd Te) h ay . ile belies ia CesT +Q.' . We ae ita) Petia: dy Sie, Pet Ne Os al of yee ts rf, Deri: ae vie S10, REPORT ers. | ne: W€aiS lay ure ah as \y Joint Special Committee TO INVESTIGATE THE CAUSE OF THE OUTBREAK OF DISEASE AMONG THE CATTLE AT THE STATE COLLEGE FARM, The Loss and Disposal of Cattle Therefrom, AND THE DOINGS AND CORRESPONDENCE OF THE COMMISSIONERS ON CONTAGIOUS DISEASES AMONG CATTLE IN RELA- TION TO THE SAME, / : ‘oh TOGETHER WITH THE Testimony Taken Before the Committee. AUGUSTA : SPRAGUE & SON, PRINTERS TO THE STATE. 1887, STATE OF MAINE. IN SENATE, February 12, 1887, P. M. Ordered, Vhat a Joint Special Committee, consisting of Senators Allen of Knox and Rich of Waldo, with Representatives Walton of Skowhegan, Libby of Burnham and Adams of Litchfield, are hereby instructed to in- vestigate the cause or causes of the late outbreak of disease among the cattle at the State College farm, the loss of other cattle at said farm prior to that time, the disposal of cattle sold therefrom, and the doings and cor- respondence of the commissioners on contagious diseases among cattle in relation to the same. Said committee shall have power to employ a sten- ographer and to send for such persons and papers as may be necessary to accomplish the purpose of such investigation: their report to be made to this legislature as soon as practicable. Read and passed. C. W. TILDEN, Secretary. In HOUSE OF REPRESENTATIVES, \ February 12th, 1887. Passed in concurrence. NICHOLAS FESSENDEN, Clerk. Ml te Digest sgh 3 a Bg The undersigned, a majority of the committee appointed by a joint order of the two Houses of the Legislature to investigate the cause or causes of the late outbreak of disease among the cattle at the State Col- lege farm, the loss of other cattle at said farm prior to that time. the dis- posal of the cattle therefrom, and the doings aud correspondence of the Commissioners on Contagious Diseases Among Cattle aud in relation to the same, have attended to that duty and after several hearings and an exhaustive examination of the facts, beg leave to report, that the disease from which the herd of cattle at the State College farm was suffering in March and April, 1886. was tuberculosis, a disease identical with con- sumption in the human family ; that said disease, according to the evidence introduced before us, which is made a part of this report, is contagious, and readily communicated by reason of the constant intermingling of the different animals of a herd together, and is transmittible from either parent to its offspring. ‘The date and source of the first introduction of the disease into the College herd is unknown, but the evidence tends to disclose that it had existed there for some years, and that it had caused the death of several ‘attle on said farm before the slaughter of the herd in April, 1886. The outbreak of said disease there in the winter and spring of 1886 was the most malignant on record, and seems to have been caused by the col- lecting and intermingling of so many cattle, some of which, at least, were diseased in close and well-finished stables and by the thorough im- pregnation of said stables with contagious virus from those and former diseased animals. Little out-door exercise and concentrated and stimu- lating food were also potent factors in the rapid extension and progress of the disease. This herd, which appears to have been thoroughly inbred, which fact caused the disease to develop in an unusually severe form. The disposal of the cattle from said farm for several years past is shown by the evidence introduced before us and is referred to. The doings and correspondence of the Commissioners on contagious diseases among the cattle on said farm, are also herewith submitted in the evidence introduced. ‘Ibe facts seem to fully justify the destruction of the entire College herd, 4 In relation to those cattle sold from the College farm for several years past, if we are allowed by the terms of the order for investigation to make a recommendation, we must certainly recommend a most careful examina- tion of those animals, and especially the bulls recently sold therefrom, by a competent board of cattle commissioners, to the end that every vestige of said disease, wherever found, may be stamped out and destroyed. As a committee of this Legislature, we take no part in any controversy aris- ing out of this matter. Yet we cannot help coming to the conclusion that the Cattle Commissioners have not given such attention to this case as the exigency required, and we respectfully suggest that the existing condition of things may have grown out of the fact that one of the members of said Commission seems to have held several official positions, the duties of which were incompatible with each other. We make the majority report of the Cattle Commission, signed by Dr. Bailey and Messrs. Bell and Ferguson, a part of the evidence in this in- vestigation, and, as a consequence, a part of our report, and we respect- fully call attention to the testimony given in said investigation by Dr. J. F. Winchester of Lawrence, Massachusetts, a member of the Cattle Com- mission of Massachusetts, and A. W. Cheever of Dedham, Massachusetts, also a member of said Board, and others. The above report is signed by I. C. Libby, who differs from the other members of the Committee in the recommendation of the examination at the State’s expense of any apparently well animals and also any reflection on any member of the Cattle Commission. Samuel H. Allen, | Committee on the part Alfred W. Rich, 35 of the Senate. 5S. J. Walton, bp be hld, F Enoch Adams, Committee on the part L. ©. Libby, of the House. io ewe) Ne Wepnespay, Feb. 23d, 1887. Lesuiz C. Cornisn, Esq., of Augusta, addressed the com- mittee : If you will pardon the intrusion, I will state that Mr. Hall C. Burleigh has asked me to be present at this investigation. The matter under consideration is one in which he is deeply interested, as it affects the cattle interests of the State. I do not desire to intrude at all, or to interfere with the course of the investigation. I presume that the committee will get at all the material facts, but if, after your examina- tion is completed, any further points may suggest themselves to me, I should like the privilege of inquiring in regard to them. This privilege I hope the committee will accord me. CHAIRMAN Watton: I have no doubt, Mr. Cornish, that you can have that privilege. TESTIMONY OF J. F. WINCHESTER. I reside in Lawrence, Mass., and am a veterinary surgeon and one of the Board of Cattle Commissioners of Massachu- setts. I have had a little experience with the disease pleuro- pneumonia and considerable experience with the disease called tuberculosis. Pleuro-pneumonia is highly contagious, charac- terized by lesions of the lung and pleura. It is confined entirely to bovines and has an indefinite period of incubation, varying from two to three weeks to ninety days, but has been known to break out after that period. The first noticeable symptom of 6 the disease is an elevation in the temperature and a cough, then the symptoms of ordinary lung trouble and pleurisy com- bined. Those two are associated. It differs from ordinary pneumonia from the fact that a subject of that disease ordina- rily gets well or dies inside of a fortnight, while in contagious pleuro-pneumonia it will be sometimes as long as eight or ten weeks from the time it begins before resolution takes place, that is, if they get well. A good many die, because it resists most any form of treatment or cure. It has been and is a disease which we fear very much, from the fact that it is so highly contagious and so hard to control, except by the most stringent laws. Ido not think they die off so quick with this disease as with simple acute pneumonia. I think this disease a little more important than tuberculosis. The characteristic appearance of a lung after death from this disease is a marbled appearance, due to thickening of the cellular tissue between the lobes of each lung, making it have the appearance of mar- ble, not unlike some beef that you see where the fat and the meat are pretty well distributed. I am not so sure that it is not transmitted from the parent to progeny. My experience with the disease is limited. They may have a chronic condi- tion of the disease that will last for years, so that it becomes en- cysted; then, under favorable circumstances, the cyst breaks and the virus is set free and acts as u source of contagion again. I have had considerable experience with tuberculosis in the last ten years. My experience and learning tell me that it is both hereditary and contagious. Some authors upon it claim that the contagiousness of it is a sight worse than its danger of being hereditary. I think we are justified in accepting that to be the case. It is a chronic disease; that is to say, it is slow in its development. It may exist in an animal her nat- ural life and not be detected, except when dying from some other cause. It may affect the brain, the lungs, the pleura, the peritoneum, the intestines, the joints, the genitive organs, in fact any organ of the body. There is no question that it is a disease that is transmitted by propagation. It is not con- tagious unless the tubercles or tubercular deposit is attached to a mucous membrane, and by atmospheric influence it is de- veloped so that it starts the virus and that is taken into the system by some other animal, either by breathing or by diges- tion. It is due to a specific germ which has been propagated and inoculated and the tuberculosis produced. It is identical to the disease in man, tuberculosis. It may be carried from man to a bovine, and, I think there is evidence now to show, from bovine to man. That is a pretty hard thing to prove, because there have been no experiments to that effect. I said it was contagious when it affected the mucous membrane, be- cause all mucous membranes are exposed to the atmosphere. The serous membrane is one that is not exposed, and therefore if the disease affects that there is no danger of its escaping to any other animal. It may affect the milk ofa cow. It is not invariably transmitted from parent to progeny. There are instances on record where a tubercular animal has delivered healthy offspring, and they remained healthy through their life. _Whether those animals transmitted it to the second generation, I do not know, but it has been known to skip one generation and be reproduced in the next. The probabilities are that the offspring will be affected. I have found that to be the case a number of times. Ihave had three generations on the same farm, mother, daughter and grand-daughter. Think there was a herd of ten on that farm and two cases of the disease on that one farm; but the mother of those two had been sold. There were three out of the ten affected. That is a very recent occurrence. Some eight or nine years ago I was called to a farm and found a cow with tuberculosis among a herd of forty or fifty. I had her killed and I have not been called there since. I had a case of the disease in an imported cow which had been on the farm a week before she was taken sick and died. I inquired about the offspring of this cow and could not get any instances or indications of the disease. The breaking down of the tissue had not occurred in her case, and 8 that is probably the reason why none were affected. She was three or four years old. She could not have given the dis- ease to the other animals while in that condition. You must have the germ, the virus, set free to get the tubercles. That does not occur until the breaking down of the tissue holding it. A consumptive cow may throw a healthy calf, and it may not. I think the largest per cent of tubercular animals are past five years. It is a chronic disease in the beginning and does not develop rapidly. If a cow is diseased and the udder is not affected I do not think you would have any trouble about using the milk. The udder is at times specially affected. It is generally accepted that until there is a breaking down of this membrane, unless the lymphatics are highly diseased, the beef is a fair quality, kind of second quality beef; that is, if there is not too much disease of the lymphatic glands. Offi- cially we have never done anything in regard to the isolation and quarantining of tuberculosis in Massachusetts, because we have never been called to but one case since I have been on the Board, a year ago last October. Q. Whether you find it often at the slaughter-houses in Massachusetts where they are slaughtering cattle for beef. A. I saw a letter written by a gentleman who had been at a hearing at the State House on this subject, and he made a strong statement,—that of these old cows, ‘‘skates” I believe he called them, there was hardly one that did not have some evidences of the disease. He was not a professional man, and I do not know what right he had to make that statement. He said he did not think there was a herd of twenty cows in all Massachusetts but what had it. But I do not believe that. I do not consider it a prevailing disease. Every animal I have condemned I have seen opened. The general appear- ance of the animals was some fat and some lean. The condi- tion of the flesh depends a good deal upon what tissues are involved. The lungs of one animal, particularly, when we took off the muscles on the bottom of the caul, the periton- eum, we found lots of little seeds, called tubercles, completely 9 covering that, and the intestines themselves were filled with the tubercles, also the lymphatic gland filled with them,—all in different stages of life. You will often find these deposits in the liver, the lungs, in the joints, sometimes in the brain, in the spinal cord. These tubercles have the appearance of little gray beans, like seed, and hitch on to the serous mem- brane of the lungs, and sometimes the pleura; they then grow together and become a large mass. When they first start they are little meaty substances like warts. In the first stages you get a thickening of your tissues, which is grayish in color, and then it grows, not very large, about the size of a millet seed; then they grow together and become soft in appearance. After a while they get hard, so that they grit the knife in cutting ; and then again they suppurate and break down. Usually this is very slow in its development. If the lung is affected the creature usually has a cough. The creat- ure must have some deposit in her bronchial tubes caused by this tubercular growth before the cough comes on. A cow could have a cough for a great many years from some cause and live. Ishould not expect to find ordinarily some disease in the lung of every creature affected with tuberculosis. You would find some cases where the lungs would be entirely free. The disease causes lameness of the joints sometimes. This outbreak in Orono was the most rank of any that I ever knew or read of. What I know of this is gained by reading. It is the most virulent case I have ever known. So far as the milk is concerned, I do not think there is any doubt that the milk contained the germ of tuberculosis if the udders were dis- eased. Q. Suppose the udder was not diseased ? A. That is a question I would not answer in but one way. I think the probabilities are that the disease, as it existed there, affected the milk itself in the last stages. (). Tell us if, in the first four or five years of this disease, when the animal’s udder was in good shape, all right and 10 healthy-looking in appearance, the milk would be good or not? A. I would not recommend its use. Ido not think the milk is healthy in tubercular animals in the last stages. If you start in with a good deal of disease I do not think the milk would be desirable. Q. If you were called in a case and condemned a cow which unmistakably had this disease, would you recommend to the people of Maine to follow out the progeny of that cow clear down to the second or third generation, whether appar- ently well or not? A. That has been my practice in individual cases. Of course, officially we do not do it. That is, we have not done it. Q. Do you take them well, and kill them? A. No, sir. I should kill the first one, and if I got stuck on that I would be a little careful with the next one. I should consider the milk in such attacks as at Orono dangerous to use. Q. In so much as these germs are destroyed by heat, and milk is more often taken without being heated than any other part of the creature, in so much greater degree would the danger be? A. Yes, sir. By digestion this identical disease could be thus transmitted to a human being. The disease can be pro- duced in man by feeding it to consumptive people. I do not understand that feeding has anything to do with this disease. I understand that poorly fed animals would be in as great danger from it as highly fed animals. You have to have the germ. If, as in the case under consideration, some ten or fifteen animals had a case of tuberculosis, they would be more likely to have it in close quarters, because the closer the quar- ters the more chance to breathe the expired air. Each might have the disease, and if kept in an airy place would live a long life to old age. The disease is transmitted to man by the germ, the bacilli, getting into the system either through 11 the digestive organs or the respiratory organs, or abrasions of the skin,—any way that will cause the virus to be absorbed into the blood of the individual. One way is by drinking the milk of such animals. I cannot tell you whether an animal sometimes has the disease without affecting the milk at all. I would not recommend the drinking of milk from an animal haying the disease. If the disease of the lymphatics had not advanced far enough, or there were not in that body any well- developed tubercles, I do not think the beef would be dan- gerous. That you cannot tell until after the animal is killed. Q. And it was on that basis that you made this recom- mendation in your last report to the Massachusetts Legisla- ture: “The milk and beef of any animals in any stage of this disease should be proscribed, as it is transmittible to man.” And those are your sentiments ? A. Yessir. The largest percentage of these diseased an- imals are found above five years. Q. What are the symptoms of disease before that time— from two to four years ? A. You would have a cough,—that is usually the first symptom; you might have a staring look, an unhealthy ap- pearance of the skin, a lameness, or from very careful obser- vation you would find some of the lymphatic glands on the outside enlarged. A cough is not a necessary part of the disease. The disease can exist in other parts of the body without the cough. I deem it wise to crush the disease out as fast as it can be located. I think it a dangerous disease among cattle, and, more or less, the human race. I have heard considerable about the case at Orono and have kept run of it. Q. There was a herd of 51 animals, and 40 were found to have this disease in one stage or another. Would you have deemed it prudent to scatter those animals or any of them among the farmers of this State for use ? A. On general principles I would not; but if there was a contract entered into to supply them it might be a different 12 matter. On general principles I do not think it would be a wise thing to do. It is a pretty hard question to answer whether the action of the Commissioners was wise or not in causing the cattle at Orono to be killed as they were. If I had found a herd at our State College in the same condition I should have made the same recommendation. Q. Supposing you had a mother of a bull calf killed, and it was found to be in this condition,—lungs loaded with de- posits of virus, large abscesses in cavities, bronchial glands greatly enlarged, age eight years. Is that, or not, an ad- vanced stage? A. It is. I would expect a calf dropped by that cow to have the same tendency. There is a pre-disposition to it, hereditarily. I would not deem it advisable to use that calf for breeding purposes. With my individual clients I have recommended that such calves be killed. The disease can be transmitted from the bull just the same. Q). If you found that in a herd of 49, 47 were found to have this disease, and you learned that 11 bull calves had been sold to various people about the State, coming from this herd, would you, or not, recommend the killing of those bull calves ? A. I think I should. I should deem that 2 wise and pru- - dent thing, necessary for the safety of the herds of the State. Q. In regard to this College herd: if they had been situ- ated up there at Lawrence, and some fellow would come there and give the College $1,500 for them and put them on an island, would you not have advised them to be sold? A. I have been in the same position and told them to kill the cattle. I should consider it great danger to have those cattle shipped from one part of the State to another. Ihave been in just that position, and it was my strong recommenda- tion not to let those cattle go. Ihave seen the man in the barn with the money in his hand to pay for them, and still would not let the cattle go. 15 Q. Now, in regard to this bull calf: you say you would recommend that animal should not be used for breeding pur- poses ? A. Yes, sir. Q. If that animal was the father of 100 calves, part heifers and part bulls, would you recommend that those 100 calves be used for breeding purposes ? A. I have never seen it traced down that far; but I should like to know how it would work. I think the tendeney would be that it would propagate itself. (). Would you recommend that these 100 calves should be picked up all over the State and slaughtered,—the bull in ap- parent good health ? A. If the mothers of these 100 calves were rugged cows, I would take my chances of their overcoming the tendency to propagate the disease from the bull, on account of the dis- tance it had gone from the bull’s mother,—if the mothers of the calves were in no way related to the mother of the bull. If the bull was killed and found to be troubled with that dis- ease I should recommend the destroying of the whole of the 100 calves. I think you would find the disease in some of the calves; but by the time you killed 50 and did not find it you would want to go slower. If the bull is apparently well and strong, that does not argue that he has not the disease. If this bull is apparently well now, it develops after that age. If this bull was killed and found healthy, then I would let the progeny take their chances, and let them live; but if I found him diseased, then I should expect to find his progeny dis- eased. I have killed apparently well animals and found them diseased. An animal has never been known to recover from the disease. The milk heated to a boiling point will kill these germs. (J. Have you heard any complaint, or of any trouble, either from doctors or anybody else, as to milk from these diseased cows being poisonous or hurtful ? 14 A. I think I know of one case, where a man who had long been troubled with, and family died of, phthisis. I know I was called to see his cow, and she had a tuberculous udder. He was living on milk altogether, but he had plenty of money and had kept himself going by special treatment, and luxuries, &e. He ultimately went under. I don’t know but what it may have been a coincidence ; but I should attribute it to the milk of the cow. Tuberculosis had developed in the udder of the cow. That is not infrequent. You often say a cow has the garget, and it may be really an enlargement of the lymphatic glands from tubercular development. Sometimes it is hard to dissipate those swellings, and then suspicion is aroused, because an ordinary case of garget runs away quite soon. I think an ordinary gargetty inflammation of the udder is often mistaken for tuberculosis, and in a good many cases where it is thought to be garget the inflammation is due to tuberculosis. I think there are more cases than we are aware of on that account. : Q. What is the difference in the milk where the cow has the tuberculosis and where she has the garget ? A. The appearance of the milk depends a great deal. If the tuberculosis is in the first stages, before the breaking down of the tissue, you would not notice any physical difference in the milk, ordinarily, without microscopical examination, while in a case of garget, as you well know, there is a marked physical difference in the character of the milk. After the tubercles had broken down, the milk would be similar in gen- eral appearance to ordinary gargetty milk. In such cases it is highly poisonous. Q. How about the milk previous to the breaking down of the tissue ? ) A. It is poisonous at that time. (). Is it in the incipient stages of the disease? A. If the udder is affected in the beginning I do not see why the milk should not be. I think they could have the 15 disease in certain portions of the body, without the milk being affected at all. (). There is no danger from taking the disease from a cough until the tubercles in the lungs break down, is there ? A. Well, I don’t know. If the cough is due to some irrita- tion of the bronchial tubes, and the irritation of the bronchial tubes is due to an exudation that throws the germ off, you can just as well get it then as to wait for the tubercles. Generally there is little danger until the tubercles break down. By coughing the animal might throw out some of the Virus. jogs Q. Now if the tubercles in the udder have not commenced to break down, or up tothe time of the breaking down, there is not much danger from the milk? A. I should think there was, because the milk is a natural secretion from the blood, and the blood contains more or less of that trouble. (. If four bulls were brought here of the first generation of the cattle that were killed, ranging from two to four years old, and they are slaughtered and no signs of tuberculosis are found in them, does that argue necessarily that the others are not affected ? A. No, sir, it does not. Q. Well, notwithstanding the fact that it shows itself some- times in the second generation, you would not take the chances of killing the descendants of those bulls, if you found them in a healthy condition ? A. No, sir. Q. We understand you that it is not always hereditary ? A. No, sir; there are exceptions. Q. My point is that, being at the age they are, they might not, if killed now, show symptoms of the disease; and at a later period in life these same animals might exhibit signs of the disease ? A. That is it exactly. 16 Q. Would there be as much danger to breed from animals that do not show any signs now of disease as it would be later on after the disease is developed ? A. I don’t think there would be so much danger. Q. Do you think it would be wise to breed from them ? A. No, sir; I should not, on general principles, as I said at the start. Q. It is impossible to say which one of these bulls will show, and which will not, without a post-mortem examina- tion, indications of the disease ? A. You might have some physical examination, but it would be safer to have a post-mortem one. Q. Could you tell by a physical examination in a mild case ? Ad: Nowsit: Q. We understand from what you say that these bulls are not necessarily diseased ? AOS, BIT. Q. Now, when can you determine whether an animal has got the tuberculosis; in what stage has it got to be before you can determine ? A. You have got to have disease of the lymphatic glands ; they are external. Q. Suppose the lungs are diseased ? A. In that case you cannot always tell. Q. How far must it be advanced? A. You must have enough so that it interferes with the respiration. There might be one or two tubercles on the lungs that it would take an acute ear to discover by any change in the respiration. Q. How about percussion ? A. You do not get much change by percussion. Q. Would you suppose that those animals or any portion of them take this trouble by contagion ? A. It is natural to infer that they do. Q. Would the fact that some of these cows were found to have tuberculosis at the time they were killed argue that 17 they must have the disease at the time they dropped calves, three or four years before ? A. It dues not necessarily follow. Q. Would you think tubercles might develop in one year ? A. I should think so; ordinarily three or four months. Q. Notwithstanding these eleven bulls came out of those diseased cows that were killed two or three years later, they might have been well when the calves were dropped ? A. Yes, sir. Q. I suppose that would depend a good deal on the stage of the disease at the time those cows were killed. I judge there is no rule to tell how long the disease was in existence ? A. That is it. You have got to have very slow develop-. ing tubercles in the lung before you can tell anything in the respiration; and you must have a good many and quite largely developed. Q. Didn’t you state that the probadilities were largely in favor of their having the disease, from the fact of their com-. ing from these diseased animals, whether those animals apparently or not had the disease when they were dropped ? A. I don’t know. Q. And we understand you to say that the cows were not necessarily diseased from two to four years previous to the outbreak of the disease ? A. Not necessarily. Q. This condition of things, I think you have said, could come inside of two years ? A. It is a slow thing ordinarily, but once in a while takes a quick turn. Q. Can you tell us the reason why it takes that quick turn ? A. I suppose the natural condition of the animal has a great deal to do with it; some are more susceptible to the action of the virus than others. You can get this virus in the animal and it will not develop the disease, because he has a constitution to throw it off; but if he is weak and predisposed 2 18 that way, it will run its course. An animal of streng consti- tution might take the virus and not take the disease. Q. Have you read the report and become acquainted sub- stantially with the facts, so as to give your opinion as to how many years tuberculosis has existed at the State College? A. No, sir. Q. How long has it existed in Massachusetts ? A. Well, Mr. Cheever has told you that it was at Amherst 12 years ago. Ido not know. My idea is it has existed for about 13 years. Q. Now, here is a linthole in the barn, with four places of ventilation on one side,—that ventilator runs up the sides of ‘the barn to the eaves, where it goes out under the eaves,— would there be any danger from the snow melting on that roof and running into the cistern, and the cattle drinking ‘that water? A. That is to say, the contamination from the animals would go up and become absorbed in the snow and then come down again in water. No, sir, I don’t think it would. Q. I would like your opinion on that. A. It would really depend a good deal on how much draft you had there. If there was a good deal of draft, I do not believe it would have any effect at all. In fact, I don’t believe it would any way. Q. There are lots of citizens in this State who would like to know whether cotton-seed meal fed to the stock would have _ anything to do with this disease? A. Hot climates are good for tuberculosis, but I don’t be- lieve it grows in the cotton-field, and therefore I don’t think cotton-seed meal has anything to do with it. Q. How would you account for the rapid spread of the trouble in that particular herd? A. I think, from what I know of it, that the lung tissues were so broken down, and so much virus escaped from each animal, it was the center of contagion, and the animals being well bred, closely bred,—the finer bred the animal, the less 19 strong his constitution,—the virus got to work pretty fast, there being so much of it. Q. Would there not be pretty good chance for the spread of the disease in the herd from the animals drinking out of the same trough? A. Yes, they could get the disease that way, because it works just as rapidly in the digestive organs as in the respira- tory organs. Q. Don’t you think that this disease had probably existed there for several years ? A. My inference would be that it existed there some time. Q. I would like to ask whether the feeding of cotton-seed meal to cattle diseased in this way would have a tendency to hasten the result ? A. No, sir. Q. Is it necessary that an animal should have tuberculosis developed in the lungs, in order to transmit it to the young? A. No, sir. You may have the disease confined entirely to the genitive organs. Q. Must it be developed in any place in the system? A. It can suit itself about its location. It is not confined to any organs. Q. Must the disease have any stage of development in the animal in order to transmit to the young? A. I don’t know what the exact period of incubation is. Q. I want to get at whether there is a constitutional pro- clivity to transmit, without the tubercles existing ? A. Yes; there is a predisposition in all animals closely bred for something or other. Q. I suppose the disease first exists in the blood ? A. Yes, sir; and it locates itself anywhere. Q. The question is whether it could be transmitted while simply existing in the blood without being located ? A. That, sir, I could not say. Q. Is it similar to consumption in people? A. It is identical. 20 Q. Well, you find parents dying with consumption, and children never having it? A. Yes, sir. Q. Can you tell any nearer in the disease in an animal than you can in a man? A. Yes, ‘sir. Q. Is the action of the disease in the bovine similar to that in the man? A. Identical. Q. What can you say about recommending the destruction of animals after three or four years? A. The only recommendation I have made is that they be killed, because thus far my observation has been that it has been handed down from generation to generation, and I have been justified in killing their progeny, but I knew that those animals were diseased when their progeny came along. I never had any occasion to test it where they were dropped before the disease exhibited itself. ‘Q. Would you not make a greater distinction in the work- ings of this disease in the animal, than you would in the human race? Is there not a greater tendency to enlargement ‘ of the glands, and greater deposits. A. I don’t know much about the pathology of man, but I say the disease is identical to that in man. I supposed the workings would be the same. Q. I understood you to say there was much more danger of contagion on account of difference in habits of the ani- -mals and the human race? Ae Yes; sir. Q. I think a good many of these questions have been mis- leading. It has been asked here if a bull that came out of a ‘cow from two to four years old might not have been bred from a healthy cow. ‘The facts are these. The mother of these bulls was killed and found diseased, and their off-spring from two to four years killed at the same time and every one found to be diseased. 21 A. If the off-spring of these cows killed were found to be diseased, and they were older than the bull now living or were at least within six or nine months of his age, I should recommend the destruction of this bull. Q. If the off-spring of these animals remained with that herd, does it necessarily follow that those who went out from the herd about two to four years before were diseased ? A, No, sir. Q. One of those animals that was bred from a diseased animal does not have the disease. Now, is it possible that that animal, though the disease is not developed at all, may transmit it to its progeny ? A. I understand; that is the question I have answered that I did not know. TESTIMONY OF A. W. CHEEVER. Iam a farmer by education, now connected with a news- paper and on the Cattle Commission of Massachusetts for a year and a little over. I have never seen a case of tubercu- losis in a dead animal. My knowledge of it is by reading and being taught. Before coming here I inquired of Pro- fessor Stockbridge, who has been on the Commission nearly since its organization—20 years, more or less—in regard to the disease as it has developed itself at the College farm in Massachusetts, and that is about all I know of the disease practically. It was introduced on the College farm there in some Short-horn cattle, I think, about 11 years ago. There were, Professor Stockbridge tells me, at different times about sixty Short-horn cattle on the farm, and some 4 or half a dozen of the whole number, at one time, exhibited evidences of the disease. At one time 2 or 3 Ayrshire cattle gave evi- dences of the disease, whether taking it from the Short-horns or bringing it there themselves originally, I do not know. Two or three sales or disposals were made from this farm, Short-horns and Ayrshires, and afterwards a few were found to be diseased. One, supposed to be all right, except that she 22 refused to breed, was sent to the butcher and killed, and was found to have the disease in the internal organs. Two Ayrshires were sold off of the premises, and soon after, or at some time after, developed the disease; and they were destroyed or killed. The strong point that Professor Stockbridge wished to make, on the conservative side of the question, was that the disease had never spread in the herd beyond the first animals attacked; it had never spread outside of the college herd into the two herds into which were sold animals that had been diseased, and in which the disease developed while they were in those herds. Q. Would you go to the herds which had among them the progeny of any of these diseased cattle, and kill them, down to the second, third or fourth generation ? A. I do not feel familiar enough with the workings of this disease to lay down the rule of action. Think we have had it in Massachusetts 11 years to my knowledge. On gen- eral principles, with a willing State to back it up, I would say weed out every imperfection in all animals and vegetables, and every thing the farm raises; but with public sentiment not educated up to that point, the question comes in, where is the money coming from? I should not feel that at the present time in our State we would dare to recommend killing and destroying everything that had been exposed to what we supposed is that disease. I consider the disease, according to my reading, contagious—something as glanders is. It would be a very cheap experiment, and worth the trial, to select four of the most suspicious animals that have gone out from this college herd and slaughter them. If they were all found to be diseased I would begin to examine their progeny if I could find them. The disease is known as a hereditary and contagious one, and a dangerous one among cattle. That is what a part of the authorities say. Q. You heard read to your associate the condition in which the mother of a certain bull was found when killed—lungs loaded with deposits, ete. What would you recommend to be done with a bull dropped by that cow? 23 A. I would recommend the killing of him. Q. What would you recommend as to the 11 other bulls dropped by other members of the herd there, from diseased mothers ? A. I do not see why we should not treat them all alike. I think I should recommend the killing of those eleven. Very likely that would be the wisest and cheapest course for the State to take. It would be liable to save a great expense to the people of the State in the future. Q. Supposing the bulls were calved from a year and a half to four years before any knowledge of disease among those cows was had by anybody in attendance, any one connected with the animals: would you recommend their destruction ? A. I should recommend examining end killing some of them, as the State is able to do it. Q. For what purpose ? A. To study the disease. Q. Would your commission recommend their destruction in such cases, as a Commission ? A. We have not done it yet, or anything like it. Q. Have you known of any commission that has recom- mended or practiced that system of killing apparently sound animals ? A. No, sir. Ido not know of any laws this side of Ger- many looking to that extreme action. We have never had a case in Massachusetts that I know of anywhere approaching the rankness of the case at Orono. Q. Don’t you think it would be dangerous to have those eleven bulls scattered over this State, with the pre-disposition to tuberculosis in them which they must have ? A. There is certainly a possibility. There is more proba- bility that they will be dangerous than that they will not be. If I found in a herd of cattle of mine one case of tubercu- losis I do not think I should immediately go at work and destroy the whole herd. Think I should kill none but the diseased one. Speaking as a farmer, and supposing under certain conditions that the meat would be wholesome, I should 24 try to get the most out of the diseased one that I could. If he was fit for beef I should kill him, and if not fit I would kill him anyhow. TESTIMONY OF DR. A. R. G. SMITH. I have been one of the members of Governor Robie’s Council for the last two years. I went to the College farm and saw the cattle before they were slaughtered, but not after. From statements to me I found the herd losing flesh. Nearly all of them were kept on the same feed; very many of them had a dull-looking color, hair dead; a portion of the herd had a bad cough. I examined those most diseased, and found the lungs quite dull on percussion and the respira- tion bad, with every indication of tuberculosis as you will find it in human beings. In my practice as a physician I am acquainted with those indications in the human family. I _ found the same indications there in that herd. Nearly all of the herd showed more or less signs of the disease. Some 12 or 13 were quite diseased, although I examined particularly only two. Those two I found as I have stated, with some indications of hectic fever. They were cows. I was there March 23d. I do not consider consumption in the human family particularly contagious. I consider it hereditary. If persons are advancing to death with the disease, and you take their breath, as you naturally would do in sleeping with them, T should look upon it as contagious. You most always find the nurse who takes care of a consumptive to be afilicted with a cough, even if they do not get the germ seated in their system and die from it. I have seen healthy persons who have been companions of consumptives frequently follow them into consumption. Q. So if the opportunities were as good to take it from person to person, as it is from cattle to cattle, through their eating from the same manger, drinking from the same tank, you would expect it to be terribly contagious in the human race ? 25 A. I should. I would not advise for the human family the use of milk of cows that I had any suspicion were affected with the disease in any stage. My knowledge of this disease among cattle is not very great, but my view is that it is pre- cisely the same as the disease inthe humanrace. I hada case this summer where a consumptive mother transmitted the disease to her child by nursing it. The child lived about 6 months longer than its mother. Children born of consumptive mothers in my practice and experience have been puny, and have grown up in that condition if they have lived; the majority of them died. I think the taint is in the blood and may skip one or two generations without making itself man- ifest. I think tuberculosis is dangerous among cattle in this way: I think it is apt to crop out from one generation to another, and spread itself in that way. I would not recom- mend the use of beef from animals that had this disease. I approve of the policy of the destruction of the entire herd, and also of the policy of the college in not selling any butter, milk or beef from that herd after the disease was discovered. TESTIMONY OF GILBERT M. GOWELL. I reside at Orono on the State College farm. Have been on that farm 4 years last April. Ihave had the care of the stock in question during that time. Think it was in November, °85, that I first discovered any apparent signs of disease among the herd. Think in all there were 46 in the herd at that time. Think there were 26 cows and 2 bulls. The rest were young, heifers and bulls, except two steers, too young to come into milk. Sixteen were imported Jerseys and 16 Maine State Jerseys; 8 were Short-horns. During the time I was there we lost cattle from other disease than this. April 26, ’83, we lost one Jersey cow. She was ailing for a few weeks. We thought it rheumatism at first, and called Dr. Wild, a practicing veterinarian of Bangor, and he was not able to decide the trouble. He found all the organs in their usual condition with the exception of the spleen, and 26 that was slightly shrivelled. He was unable to tell what the cause of it was. November, 83, we lost the cow Bess during the time of parturition. That was wholly a local cause— inversion of the uterus. October, ’84, we lost the cow called Maggie, the one I spoke of to Dr. Bailey as having a cough when I went to the farm in the spring of 782. She did not have the cough up to the time of her death ; after that, in the spring, she became well of the cough, improved very much in appear- ance, and shortly after came into milk, milking the heaviest the next year of any cow in the herd. Nearly 2 years later she ran down and became very much reduced, though no cough was present. Weslaughtered and buried her. We examined her. Ihave no knowledge of the disease of which she died. She had no cough again until her last sickness, then it came back on her. We had no examination of her by a veterinarian. I never discovered anything about her to locate any disease. Up to her last sickness she ate heartily. She was the only cow in the herd that could consume 20 pounds of hay in a day. Afterwards I learned the symptoms of tuberculosis, after the herd became infected with it. Looking back now, I think the cough that the cow Maggie had was very similar to the low cough that our other animals had in the years later; and the loss of flesh was quite similar. She had that cough when I went there, and it continued not more than 2 or 2 1-2 months. Mr. Rich stated that she had had it before that time. After she got well of it she did not have it again until her last sickness, not te my knowledge. We next lost stock about February 7, ’85. A Short-horn cow had failed to breed and had not carried a calf for more than a year, and we sold her for beef toa partyin Bangor. She had no cough. Within a few days he notified me that the cow was in a very bud condition, which he described. He said she was ‘‘covered with bunches inside,” as he expressed it. His statement was that there were bunches attached to her back and ribs, to the meat, as well as to the lungs. As he described it, she was completely filled up with bunches and a mass of matter. I did not see her. J knew the man and did not doubt his state- 27 ment. The meat was worth 2 cents a pound for feeding to hogs and the hide was worth something, and I paid back one half of the money loss. The cow was fat and I had never noticed any cough. I had not noticed any indications of disease. She had refused to breed although she was brought many times to the bull. We next lost the Jersey Lilly from the stock. She was something over two years old. She had a calf about that time. She with several other young animals had stiff necks, and I supposed at the time that it arose from feeding over a rather high manger. She had a bunch on her jaw, or right at the throat,—it was not attached to the jaw. It was quite a large swelling, and I opened it; it discharged soniewhat. About this time she had a calf and she continued to lose ground so much that we slaughtered and buried her. I did not examine her to see what the trouble was. I supposed the trouble was still local. I should say the calf when we killed the mother was two or three weeks old. It was not thrifty, so we simply slaughtered it and laid it away too. Q. How many of the young cattle were troubled with enlarged glands, a swelling about the neck ? A. I think there were four,—three heifers and one bull. They were tied on one side of the barn and fed from mangers constructed for older animals. They all stood together and were affected in the same way with the stiff necks. I sup- posed it was the manger, and reduced it. Q. Was there any change for the better then? A. With two of them there was, with the other two I think there was not. Q. When next did you lose any stock? A. November, 1885. Q. Before or after you discovered tuberculosis in the herd ? A. Before we discovered it. The cow that I spoke of as coughing in the fall of 1885 was coughing at this time, November, when we lost those two young heifers, or slaught- ered them, rather. These are two of the young heifers that 28 had stiff necks. We slaughtered one in November and one in December. Q. Did you examine those two? A. No, sir; any further than the others. Q. What did you find with regard to the throats of those animals ? A. That the glands were somewhat swollen. That was all the trouble we discovered at the throat, but there was a tend- ency to carry the head to one side. Q. Was there not some other appearance of disease about those cattle? A. There was a reduction of flesh. Q. Then the indication was that there was some other dis- ease besides the swelling of the glands? You did not regard that as a trouble that would reduce the heifers to the condi- tion where you were obliged to kill them? A. I did not know how much they were troubled with that neck trouble. . They were running sores? . No, sir. One of them lost flesh. . Were their lungs examined ? . They were not. . You say only one of them lost flesh? . Only one of those slaughtered in the fall of 1885. . Why did you slaughter the other one, if the trouble was simply an enlargement of the glands and she was in good condition ? A. From the fact that her neck was stiff as the other one’s was, I feared it would result in the same way. She was not growing, was not thriving, but had not yet become poor as the other one had. Q. Had you not called in any one at that time to make an examination ? A. Yes, sir. In the spring, at the time the Jersey heifer was slaughtered, I called upon the veterinarian in Bangor and gave him the condition of these animals. He thought it might have arisen from the cause I attributed it to, and told OFrO Pore 29 me to apply iodine and treat them. I did so, and two of them, a heifer and a bull, seemed to recover under the treat- ment. The others did not, although we used it freely. In the fall he was called to the farm to see another cow, and saw these animals at that time. He then was of the same opinion that he was in the spring, that it arose from feeding from the high manger. That was while these two animals were in the barn. Q. This was in November, 1885? Yes air. Q. How soon after that did you discover that there was tuberculosis in the herd? A. In October or November, 1885, the cow Betsey was coughing slightly. The cough continued to increase during the winter, and she lost flesh and became so reduced that she was slaughtered, as we found her recovery was very doubt- ful. She lost ground very rapidly after she had the young calf. I think she was slaughtered the last of January. Her lungs were found to be,—the lower parts of them,—almost solid, like cheese ; the upper parts of the lungs were full of bunches. I think the bunches were almost entirely confined to her lungs. Q. Do you doubt these other cattle had the same disease ? A. I now think those heifers had the same disease, although their symptoms were different from the symptoms of the ani- mals we had later affected. EVENING SESSION. TESTIMONY OF J. R. FARRINGTON. Was on State College farm from April, 1872, to 1880. Lost from stock on the farm the following animals: A calf in April, 1872, with hoven or bloat; in 1875 a Short-horn bull (Napoleon). Symptoms, swelling in throat and suffocation. The swelling was mostly inside, not showing upon the out- 30 side to much extent. In 1877 Duchess of Lakeside was sick two weeks. ‘The disease or distress seemed to be in stomach. Sold two cows, Susan and Dora, to Mr. Boardman in 1876. Know nothing of them since only by hearsay. Thought of the bull we lost when I heard of the outbreak of cattle disease at Orono. The two cows Dora and Susan were bred at the farm. Thought the disease of the bull might have been caused by a kick. TESTIMONY OF LAMBERT SANDS. Was a member of Governor’s Council in March, 1886. Visited the Orono herd. The stock in new barn did not at first sight seem affected, though a little rough and thin for so well kept a herd. Those in the old stable were coughing and emaciated. Was there but once and by request of Governor Robie, to see what should be done about the cattle. Was present when it was decided to kill them. Cannot say how many cattle in each barn. There were not more than a dozen in the old or horse-barn. I cannot say as I should at that time have advised the investigation of the animals sold off the farm but since have thought it would have been a wise thing. Did not see any attempt on the part of the College to conceal anything in relation to the cattle sold from the farm. Would have had courage to have bought some of the cattle after the investigation. Cattle were coughing in the new barn but not continually. TESTIMONY OF S. C. HATCH. I was a member of Governor’s Council in March, 1886, and visited the Orono State College farm, and after con- sultation at the house went to the new barn where very little symptoms of disease appeared. In the old barn © there was much sign of disease. The cattle coughed and were rather thin. Went again in April to the farm, when we decided to have all the cattle slaughtered. There was, so far as I know, no effort made to inquire about 31 the stock sold off the farm. I was present when the cattle were slaughtered. The lungs of the cattle killed were filled with white masses. Can only explain why no effort was made to investigate the cattle sold by our want of familiarity with the disease. Don’t know as the matter of authority to do it was questioned or mentioned. Should have favored such investigation after we had killed the herd. Mrs. Stetson wanted the College to pay her back the money she paid them for the cow and take back the cow. We told her we could do nothing for her and the College would not for fear of other calls of the same kind. I should have advised the College to buy up the cattle sold. There were no funds and we did not feel free to do it. The Kent bull was brought to the notice of the Governor. Dr. Bailey has since bought and killed him. Dr. Bailey said when he first called he could not discover any disease till he saw the frozen carcass of adeadcow. Dr. B. said, Think you are more scared than hurt, till he saw said carcass. Mr. Fernald heard part of this conversation. Would not say if Dr. Bailey appeared as a crank. Sold the bull with enlarged neck to Mr. Sutton of Orono. He killed the bull thinking he had a stiff neck. Examined the bull’s lung. Found no sure signs of disease. Thought at first the neck had enlargement. Dr. B. found no signs of disease till he saw the dead cow. President FERNALD said they ran in debt for stock and improvement, increasing both the debt and assets of the farm and one would offset the other at any time till the State destroy- ed the stock, and so now ask the State to appropriate money to pay this debt in consequence. Doubt if the trustees had a technical right to purchase the stock. Mr. GOWELL, resuming, said : The money to buy the cattle did not come from the State by appropriation. The farm Committee communicates to me the wishes of the trustees. No one except Mr. Gilbert has helped me buy cattle. Other moneys besides that I let them have went into purchasing fancy stock. Trustees loaned $1000 32 to buy stock. The College has owed me $3400 or $3600. Has been reduced to $2600. Should estimate that $2500 might now be owed towards the stock. Don’t feel it necessary to have trustees called on. Dr. Wilde gave no hint of contagious disease. Can’t say if any disease existed or has in herds from which we have purchased. I have looked after the accounts of the farm. Have that $2504.25 was paid for cattle bought by myself and Mr. Gilbert by order of the trustees. The College owes me $2600, or so. The cash accounts of the College also show it. I did not let the College have it all at one time. The largest sum I let them have at any one time was $225. The smallest sum $1.50. I cannot say how much of the money owed me by the College went to pay for the cattle destroyed. A part of it did. Four hundred dollars was paid by me in the purchase of these cattle. Can’t say if there are others to whom the College owes money used in the purchase of the cattle which were destroyed. I called Dr. Wilde four times to see such cattle. I paid him from the farm income. Cannot give an opinion about the stiff-necked cattle. They had disease enough so that I called Dr. Wilde. Did not know that Dr. Bailey could be had without expense. Called Dr. Wilde. Did not call Dr. Bailey. I have no doubt that Rose 8th had this disease. She left Short-horn 3 register. Cannot say if I agree with Dr. Bailey in his report of individual cases of the slaughtered animals. Seven had been killed before the general slaughter. Cannot say I think the stiff-necked ones had tuberculosis. Called Dr. Wilde four times. Do not know that a herd from which we have purchased cattle has had tuberculosis. Nan Lizzie was there at the time of the slaughter. The dams in the herd were as reported by Dr. Bailey except in one instance. The Kent bull was sold from the farm to Mr. Kent of Bucksport. Two other bulls sold had the same sire. Had correspondence with Mr. Kent. Advised him to retain and use the bull after the disease at Orono broke out. Princess Alba was bad when killed. None of her offspring in existence. Soon after Jan., 1886, three 33 others began to cough and were removed to the other barn for treatment. They were kept there till last of February. Then nearly all the cattle began to cough. The old cow Pet was soon killed and lungs found filled with bunches and ulcers ; the glands of throat also affected. Profs. Balentine and Jordan were present at the examination of this animal. Immediately after this the State was notified of the condition of the herd. Princess Alba and Alice were slaughtered March 12. The whole herd slaughtered April 21 and 22, 1886. Fourteen bulls were sold off farm as shown by the books. (The tabulated statement appended to this, furnished by witness, is a part of his testimony.) I received directions by letter in regard to the quarantine of the cattle. Had directions to separate them and keep them separate. Mr. Davis told me he bought a cow from the farm in 1880, and when killed he found her lungs badly diseased. In 1882 a cow died and I think it may be she had this disease. When Dr. Bailey arrived and was examining Princess Alba, and had completed it, I asked him what he found, and his reply was, ‘‘I shall have to see more than I have seen to condemn any of this herd.” But after he examined one of the slaughtered animals he changed his opinion. He did not say in his first examination that there was tuberculosis, but in an hour or two he decided that it was tuberculosis. Think his decision a very correct one. Think the faculty had been reading up on tuberculosis fora few days before Dr. Bailey came. 34 SS tS sss ESNihoue 00 c9ss : | | 00 OSF | | 00 SI8$ | ‘Teor ) | (Cumaqnwy Jo ssag “qq Aq porg) | 00 SZT | : “TT '£°S ‘IN ‘889 ‘ON founr Mop) | ‘losuvg ‘uosjeig “I “SIW) ‘98st ‘L “uve | (purpyooy ut Ea MOD) | 00 OOT ‘s[vo pus AaT[TRA Jo ATT Mog ‘aT[TAtajye MA WOG = sUTIUATeg “MA| “F8sT ‘IL “zepy 00 &Z ‘amaeyy ‘IQAOTO ‘Ing stasoy] ‘zggr ‘z -ydag! ‘I1ZB9 A. ‘nordg *Y] ‘FE8gl “6; “IBA 00 OF ‘“Asinq § ‘aAoTg AMOR ‘[aNUIBS| ‘78st ‘FZ AON) es ‘SImIvog "N| ‘PR8T ‘6L ABTA 00 OF ‘ounr ‘NWT, ‘yoo1g weerg Jo xuLy! 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W. McALISTER. Municipal officer of Bucksport. Was called upon by Mr. Kent in regard to his bull. In March, 1886, called on me to write to the Superintendent of College farm about the matter. Thought the bull not fit for breeding purposes. He said he bought it for that purpose. Mr. Gowell advised the keeping and use of the bull. Mr. Gilbert wrote to him to use the bull, but I still advised him not to use him, as it might result in the slaughtering of his herd and perhaps others in town. In July he notified me he had a diseased bull and I at once notified Dr. Bailey. Dr. B. advised Mr. Kent not to use the bull, decidedly. Dr. B. would not order the destruction of the bull as he had no knowledge of his coming from dis- eased stock. Got a letter later that Dr. B. was ill at home. Later Dr. B. bought the bull for $20 and I agreed to bear half the expense. The bull was a fine looking animal. Was not present when the bull was killed and the lungs sent to Dr. Bailey. Bull was not used at all. Kept the matter quiet, not conferring with the neighbors. Am a carriage- maker; worked at blacksmithing 20 years. Had conversation with Mr. Gilbert on train on liability of the danger of the spread of this disease. He said that he bad no reason to change his mind, and if the Kent bull showed no signs of disease he saw no reasons to fear to use him. He asked me if Dr. Bailey detected disease in the bull. I told him he could not. ; TESTIMONY OF T. G. RICH. Had charge College farm from 1878 to 1881. Lost 2 head of cattle, in 1880 a young cow. We called it dropsy; refused food and drink; bloated up; sick 5 or 6 weeks. Had some cough; grew thin; was full of water. Saw no signs of disease. In 1881 another cow 4 years old, was sick. Sent a man to kill her. He said he found lungs rotten. Was out to pasture; was barren. Don’t know what came of her stock-calves. Sold one to Charles Buffum in 1878. 36 Died or was killed next year; examined by the butcher. Buffum sold her to him. Sold Mr. Davis a cow for beef, in 1880. She was killed and her lungs found affected. Did not see the lungs of any of these. Maggie 3d had a cough some time before I turned her over to Mr. Gowell. Sold one cow to Mr. King of Orono which would not breed. Sold her for $20. Was told she cost $250. TuHurspay Eventne, Feb. 24th, 1887. TESTIMONY OF LYNDON OAK. I am president of the board of trustees. Have never been on the farm committee. Iwas present on March 12th when Dr. Bailey and Mr. Gilbert of the Cattle Commission were there to make a second examination, as I understood it at the time, of the condition of that stock. I noticed its condition myself. There were some 8 cows tied by themselves in the horse stable. Each one of that number gave unmistakable evidence of serious disease. The symptoms were nothing with which I was acquainted. I am not very familiar with the sickness incident to stock. I was not present when the animals were slaughtered. I know nothing of the condition in which they were found. In consequence of being fre- quently short of funds for the Institution, I urged Mr. Far- rington, when he was on the farm, to increase his herd of dairy stock, which would give a sort of perpetual revenue. Mr. Gilbert, as a member of the board, first made the sugges- tion to me. He thought it would be good policy for the College to do more at the dairying business and realize more from it. We had no money to buy cattle at that time, which was in ’82, or about that time. I will now state what I understand to be the facts about the purchase of this herd of cattle. In conversation with members of the board of trustees, among whom were Mr. Gilbert and others, and Mr. Gowell after he came onto the farm, we were confident that r - Ee 37 if we got a herd of Jersey cows and used them for dairying purposes we could accomplish two very important purposes. And one was that we should have a perpetual revenue to use for farm purposes, and at the same time we should be in- structing the students in practical dairying, which I regard as one of the most important agricultural interests of the State at this time, and did at that time. But we hadn’t the money to make those purchases with. Think that was in ’82, or about that time. We were getting ready for Mr. Gowell to enter upon that policy. We had made no application for any appropri- ation for that special purpose, but we had made applications for purposes often enough to know that we had got to econ- omize and manage in some way to work that farm along without special appropriation from the State, to any great extent, to support it. And wedid as many a farmer does; we made the best provisions we could to make the farm pay expenses and pay something over, and in a short time we reasoned that we could pay for that herd of stock, and that the stock, with what we paid for it along, would be amply sufficient in case of any emergency to pay the whole debt and leave a surplus besides, and the result, so far as we tried the experiment, proved the soundness of our conclusions in regard to this matter, and had it not been for that most un- fortunate occurrence at the College by which it became neces- sary to destroy that whole herd, one of the finest I have ever seen anywhere, I think we should have come out all right; and if we could have that stock replaced now I do not think we should ever be under the necessity of calling upon the legislature for a single cent to be expended for farm pur- poses. I cannot tell the amount of the indebtedness incurred for the cattle. Authority to hire the money was given by the trustees. The trustees had no authority to hire it other than necessity. They delegated the power to hire it to the farm committee, consisting of Mr. Gilbert, Mr. Thing, and Mr. Wingate of Bangor. I think the records of the trustees show the vote by which that authority was given. No special report was made to the trustees by that committee of their 38 \ doings. We asked them from time to time about it. The records of the trustees do not show any communication from that committee as to what was done by them nor how much money was hired under the general power. I do not know what security was given to the people of whom they hired. None was given to my knowledge. The trustees loaned to the committee $1000 of the funds of the College which we happened to have at that time at interest at 4 per cent. No security was given or taken when that thousand dollars was passed over. The fact was certified to the treasurer. The farm has paid 4 per cent. The fact of this loan is only known by a charge on the books. In the report of the trustees to the first legislature which met after the farm com- mittee hired this amount, the only mention of the one thousand dollar item is in the tabulated statement of the amount due from the College farm. I do not know of any report to the legislature by anybody as to the balance of the sum which was hired for the purpose of the purchase of this stock. The same report as to the thousand dollars was made to the legis- lature of ’°85. We did not ask that legislature to make an appropriation for the payment of that debt. We did not call their attention in any way to the fact that the debt ex- isted. I do not think it was generally known prior to the destruction of the herd that it had been bought on credit. I do not know that any interest has been paid to Mr. Gowell for the amount hired of him. I had no personal knowledge of those diseased cattle in the years prior to ’86. [I remember on one occasion, at a meeting of the trustees, that Mr. Far- rington said he was sorry to say he had lost a cow. [I cannot say whether he ever made any report, but I have known the fact that there have been some few lost. I cannot say from whom I knew it. I do not know of any definite report that was made to us of the various deaths in the years prior to ’86. My recollection is that there has been a full report ae to the legislature by the farm superintendent. 39 TESTIMONY OF E. E. PARKHURST. I am a farmer and reside at Presque Isle. I have been one of the trustees of the State College 2 or 2 1-2 years. Ihave attended every meeting of the trustees since my appoint- ment except the first; I am not certain whether I, attended the first meeting after my appointment. I was at the farm 3 or 4 times after my appointment up to the time I was called there when the herd was slaughtered. I was called there this last summer. I was called there and arrived either Tuesday or Wednesday morning, and the cattle were slaugh- tered the next day, or half of them were. I examined the herd at that time. They were then separate. The herd in the new barn was in good condition, as good as I ever saw it in, I think; but there were 6 or 8 animals that had been separated and taken into the horse stable, that were not looking so well, looking perhaps about as well as our ordinary farm stock does through the country. I heard them cough. The indications at that time did not show any disease I was ac- quainted with. I probably would not have known they were diseased by looking at them. I noticed that the cattle in the other barn coughed. I was there the day before they were slaughtered and in the barn 3 or 4 times, and I heard them cough every time. From the light I got from examining the cattle I came to the conclusion it was best to slaughter the herd. I was in doubt as to a few of them in which they could not discover the disease. I think they were all killed. I was not there when they were all slaughtered. I examined some after they were slaughtered and saw indications of tu- berculosis. Think I looked at the lungs of every animal that was slaughtered that day. I had no acquaintance with that disease before that time. Should say I was notified of the disease about a month before the slaughter. I met Mr. Burleigh there the day of the slaughter. I do not want to state this as a fact, but my impression is that Mr. Burleigh said to me like this: Mr. Parkhurst, I hope this thing will be thoroughly investigated—the cause of this disease and 40 everything connected with it shown up. And I agreed with him in that. I now think it would have been wise to collect and slaughter the eleven bulls that have been mentioned here as having gone out from the farm in the time previous to that. I should not want to breed from them. I do not recollect that Mr. Burleigh said or intimated at that time that he thought there was any provision by which the College could buy in those bulls. I think no one intimated that it was the duty of the College to buy up those bulls. I under- stood that the Cattle Commissioners had the matter in charge at that time. I did not understand that the Governor and Council had any authority inthe matter. Part of the Council were there and I think advising. I did not hear them advise or recommend. I understood they were there for that pur- pose. When I was summoned there I supposed the trustees would have something to do with it. After arriving there I learned better than that. I found that the whole thing was in the hands of the Cattle Commissioners and that the trustees were powerless. I went home that night and was not there the second day when they finished slaughtering. I under- stood that the trustees had no right to interfere after the Cattle Commissioners had taken it in hand. I did not under- stand that the trustees had any right to go and purchase back those bulls. TESTIMONY OF N. P. HASKELL. Reside in Orono. The farm I work adjoins the College farm. I knew nothing of the existence of disease in the herd at the College farm until after the matter came out before the public, and even at that time on going up there I should not have detected any signs of it. I was present when a part of the cattle were killed the first day. I examined every animal that was killed up to the time I left. Part of them showed unmistakable evidence of being badly diseased ; others I should not have detected. There were little bunches, tubercles, as they call them, distributed through different a 41 parts of the system, in the lungs of a great many, some very large and some very small. Think I noticed them as large as my two fists would be and containing matter of some sort. Those that I saw opened did not have large cavities. The tubercles seemed to be quite thick. I noticed them adhering to the ribs of animals in quite a number of cases. I noticed some indications of the disease in all of the animals, but do not think I should have detected it in some unless my atten- tion was particularly called to it. I was present generally with Dr. Bailey and Dr. Michener, who made the examination, and noticed things that I should not have if I had been alone. I saw some of the herd slaughtered that were in the new barn, the herd that appeared and looked the best. I own Jersey cattle. I know about the feed and treatment of the cattle at the College farm. I should say that the care of the cattle had been the very best and the feed had been such as would be warranted. Q. What was the actual condition of the cattle a month before the disease was known, as you saw them? A. I called the cattle in extra condition. They were much fleshier than the ordinary farm stock. There was nothing about them to me a month before the disease broke out to in- dicate that there was any disease among them. There never has been any disease in my own herd. My barn is about 3-4 of a mile from the College barn, in a direct line. The pas- tures join each other and I think quite likely that the cattle may have been back and forth, but I do not know in regard to that. A good many of mine were Jerseys—Jerseys and high grades. To mature cows 5 years old in full flow of milk, I will say 4 weeks after dropping of calf, I fed gen- erally about 4 quarts of Indian meal and 4 quarts of shorts a day. I let my cows run out in the pasture, but there was no feed to amount to anything and I was obliged to feed in the barn. I think the College herd ran out where they could get the air. I have no knowledge of the disease in my herd. The symptoms in these cattle were nothing I had ever seen before or was acquainted with. Since that I have seen the 42 lungs of an animal slaughtered, diseased beyond a doubt. The animal belonged to a gentleman in Bangor. Think that animal did not in any way come from the College herd. Tf do not think I would breed from those bulls that have gone out. J think it is policy for some one to kill them. I have taken no precaution to guard my herd from contagion; no different from my every-day care. The cattle had not been turned out that spring. As far as I am concerned, I would not breed from an animal that was diseased, or a descendant of one that was diseased, if I knew it. If they belonged to me and I knew they were diseased I would kill them in a moment. TESTIMONY OF A. M. SHAW. I was one of the farm hands and occasionally fed these animals. Inthe morning they had their fodder of hay. After they had eaten that they had their ration of grain. Their grain for a day’s ration was a quart of shorts, a quart of Indian meal and a quart of cotton seed meal for matured cows; young cows that were in milk had a quart of shorts with a pint of Indian meal and a pint of cotton seed. That is what they give twice a day. That would be two quarts of each for mature cows. Hay was fed to them 3 times a day. They were watered twice a day. In the summer time they were turned out of the barn every day and ran in the pasture the same as other cattle, and put up nights in the barn. They were occasionally turned out in the winter season. They were turned out twice a day to drink and put up after drink- ing. Probably no herd in the State was kept cleaner than ‘they were. The barn was well ventilated. I never saw any appearance of disease about the cattle up to a month before they were slaughtered. The disease appeared to me like a sudden outbreak. It broke out the first of the winter, I could not tell just the time. I think snow was on the ground when the symptoms first appeared. I had not noticed any cough among the cattle earlier than that except in the cow —s a 43 Betsey that has been spoken of. Those others began to cough a few weeks after that. I have been on the place 4 years last June. I first noticed that the cow Betsey coughed sometime in the fall of ’85. TESTIMONY OF ARTHUR HARRIS. I had the care of this stock and tended it about 2 years. I had charge of it when the disease broke out. I did not discover any trouble with the stock any length of time prior to the outbreak. To the oldest cows we fed a quart of bran and a quart of cotton seed and a quart of meal twice a day. I fed it from a list prepared by Mr. Gowell. In connection with this grain I fed to each cow about 20 pounds of hay a. day. The animals were turned to pasture in the summer and put in the barn at night. The young stock was turned out in the yard for exercise in fine weather in the winter. Occa- sionally other stock was turned out during the winter. They were turned out to water twice a day. We fed from the barn night and morning during the summer. The pasture did not afford sufficient feed. In the winter time the stock was watered in the stable. Once in a while, in very fine weather in winter the older stock was turned out. I noticed this coughing in the cow Betsey at the time Mr. Shaw spoke of, and that is all I noticed. This is the first notice I had of it. That was in the fall of ’85. This cow that coughed began to lose some flesh before the outbreak of the disease. The next indication of disease was in the cow Pet. I do not remember how soon that was. I do not remember bow soon another was taken. TESTIMONY OF GEORGE A. BAILEY. . Are you the Secretary of the Cattle Commission ? . I was when I was on the Board. . Your report of this has been put in print? . It has. bits . You were called to the State College farm at what time ? OPoOore 44 A. 5th day of March. Q. Who invited you to come there? A. Z. A. Gilbert. Q. Will you state to the committee what condition you found the stock in generally ? A. Fair condition, good condition. Q. Will you state to the committee what the sanitary con- ditions were in regard to the care of the stock, the condition of the barn? A. As near perfect as I ever saw one, I think. Q. Will you state to the committee what was the relative character of the herd of stock, setting aside the disease ? A. It was a high class of cattle in as fine appearance as I have ever seen in Maine. Q. Whether or not you have heard the testimony as to the feed of these cattle? A. I have. Q. Whether or not in your judgment, as a veterinary sur- geon, you think that the feed of these cattle had anything whatever to do with the origin or development of the disease tuberculosis ? A. I do not in the slightest. Q. Whether or not from your examination of these cattle and what you know of the development of this disease there was anything to excite alarm in the common farmer so as to summon a cattle commission prior to the time that the disease broke out? A.!.The 6th of March, do you mean? Do you call that the time? Q. I do not know exactly what the time is. The time it broke out in their cattle, then, the first one? A. Of course I do not know when it broke out in their cat- tle, of my own knowledge. The 6th of March was my first visit. Of course I have no knowledge of when they showed the first symptoms of the disease. Q. You have heard the symptoms from Shaw ? A. Yes. 45 (J. What would you say as to the ordinary knowledge of a common farmer, or even a dairyman, as to summoning 4 com- mission on contagion diseases sooner than they did, from your knowledge of it? A. I should say that it ought to have been done sooner than my call of the 6th of March, from the appearance of some members of the herd. Q. And from your knowledge of how the disease has de- veloped? A. Ido not know of my own knowledge how it has de- veloped, only from what I hear of it—no personal knowledge. On March 6th, when I visited the herd, some of those indi- vidual cases were so poor that it must have been patent to somebody, long before that, that there was trouble there. Q. You have understood what the facts were in regard to the symptoms prior to that, have you? AS SY G8:, Sit. Q. You understand that all the symptoms there were the cough of the cow Betsey ? A. I do not quite understand it that way. Q. How do you? A. Several besides her that had shown symptoms; they had become emaciated and died, and been slaughtered, and coughed —several besides Betsey. Pet had been killed ten days before I arrived; prominent symptoms of tuberculosis. QQ. From what you heard and understood, were there any symptoms in these cattle until the disease developed to show itself, as you understand it did, that would lead a man to sup- pose there was a fatal disease lingering in this herd? A. From what I heard we know now that they recognized it a long time before in some individual cases. Q. Who recognized it? A. Mr. Gowell, himself, as long ago as 1882, in Rose 8th. I do not know, of course, when she first showed it. Q. Was there anything else about the rest of the herd other than this isolated case that would indicate it was a disease of the herd? 46 A. The personnel of that herd when I was called to see it ‘was as unsuspicious as any herd I ever saw that finally proved to be diseased. They were as fine looking and as well kept and cared for as any herd I ever visited. Q. You went there in your official capacity, did you? A. I did, the 6th of March. Q. These cattle were ordered quarantined ? A Immediately. Q. Did you take charge of them the same as though they belonged to an individual ? A. We issued a written notice to the superintendent and put them in quarantine at once. Q. Treated them as though they had been the property of any farmer ? A. Yes, sir. Q. Pursued no different course ? A. No, sir. Q. Did you issue any orders to the trustees in regard to them ? A. We did not, for Mr. Gilbert was a member of the trus- tees himself. He was also chairman of our board, ex-officio. Q. Do I understand you that the Cattle Commissioners had full charge of this herd of cattle from the time they went dhere? A. Yes, sir, they had full power to do so, under the law. Q. Were you advised by the Governor and Council? A. We advised with them in relation to it several times. Q. Now this herd was killed by your advice, was it? A. Yes, sir. Q. Under your authority ? A. It was. Q. Will you state whether there was any talk at that time about following up the disease at that time in other cattle? A. Not at that time. Q. I want to know whether there was anything said about following up the disease in the progeny of the cattle at this time ? 47 A. I do not think there was. The statement was made to me that the bull calves had been sold and the heifers had been retained. Q. What I want to get at is whether the trustees were noti- tied by you that they must get back the bulls ? A. Not at all. The first thing in order was the disposition of that herd. Nothing was said by the Commissioners that the trustees must go round and get the rest of the bulls. (The examination of Dr. Bailey at this point was tempo- rarily suspended. ) TESTIMONY OF WILLIAM B. FERGUSON. I was a member of the Cattle Commission up to Sept. 25th. I reside in Brewer and am a farmer. I received a letter from Mr. Gilbert about the middle of March. I suppose that letter is in Monroe, where I lived before moving to Brewer. He wrote me about the middle of March saying that he supposed I had learned through the papers then that there was diff- culty with the herd of cattle at Orono. And he said when I was in Bangor I had better, at my convenience, go up, or he would like to have me go up and look them over. That is the purport of the letter. I went up alone the 18th of March and examined the cattle. I stopped over night and was there a part of two days, the 18th and 19th, and went back to Monroe. I saw the herd. The new barn contained the most of them, and as far as looks went they were in good condition. I noticed a cough about them. I knew enough about cattle to know that that cough was not right. The cough itself would be strange for well animals. I do not think well animals are afflicted with a cough. I had never before noticed creatures with a cough such as I saw there. The cough was all I should have noticed about the cattle in the new barn, and it was evident to me that something wrong produced it. They had a bad cough and were badly emaci- ated. J had never seen those symptoms in cattle before, that I am aware of, not of that disease. No one was with me ex- cept Mr. Gowell. From every appearance upon examination 48 I was satisfied beyond the possibility of a doubt that those in the smaller barn were badly diseased. After I returned from there I wrote to Mr. Gilbert that I had been up and I thought the quicker those isolated cattle were killed the better. I received a notice from Mr. Gilbert about the time of the slaughter, immediately before, saying that a veterinary, Michener his name is, was coming there, and he would like to have me there also; that he and Dr. Bailey should be there. I did not get the notice to enable me to be there sooner than the second day of the slaughter, in the morning, the 23d, I think. Probably half of them were killed after I got there. I examined those animals and saw them dissected. I also. examined the lungs of several killed the day before. The worst cases were killed the first day, and it was surprising to: me that they could live in the condition in which I found their lungs. I said to Mr. Gilbert those cattle better be killed, the sooner the better. The cattle killed the second day showed different degrees of the disease. As far as I know they were all diseased. A few days before the 20th of last October I received a communication from Mr. Gilbert say- ing he would like to have me meet him the 20th of October in Portland, at a meeting of the board. Iwent. After I got there I learned from Dr. Bailey that our commissions had expired, his and mine. They had expired a month before that meet- ing and there had been no re-appointment at that time. I had understood that Dr. Bailey was unwell and it was desir- able to meet at his house. I and Mr. Gilbert and Mr. Bell met at the City Hotel. We had some conversation there principally in regard to the extermination of those bulls that had gone out from the College farm. I had not seen the Commissioners before since April. We went over to Dr. Bailey’s house, and Dr. Bailey and Mr. Gilbert had a lively argument about following up those bulls and having them destroyed. Dr. Bailey contended that they should be looked after and destroyed and Mr. Gilbert objected to it, saying that there was no proof that they were diseased, and that the law gave no authority. I always received my notice to meet 49 with the Commissioners for any purpose from Mr. Gilbert. In one or two cases I acted without notice from anybody ex- cept the municipal officers. Dr. Bailey was chosen secretary of the board and I understood his duties to be to keep a record of our doings, the same as the secretary of any other board. Q. Did you come to any conclusion at Portland as to what was best to do with the stock that was out? A. Iwas out myself then by the expiration of my com- mission, and of course I was not very officious. Mr. Gilbert is a member of the board ex-officio and needs no appointment. Subsequent to our first appointment another was added to the . Commission, making four on the board. When I got to Port- land on Oct. 20th I had a consultation in Mr. Gilbert’s room at the City Hotel, with Mr. Gilbert and Mr. Bell, before we went to Dr. Bailey’s house. Mr. Gilbert invited us to his room. Mr. Gilbert said he wanted to prepare our minds for something that we should get from Dr. Bailey ; he wanted to prepare our minds for something that Dr. Bailey was crazy on, to use his phrase. He said he was crazy on those out- standing bulls. We conversed in his room 30 minutes in regard to that, then we went to Dr. Bailey’s house and talked. the matter over there. I was of the opinion that those bulls should have been before taken care of. I agreed with Dr. Bailey in that particular and have signed the report which he has made to the legislature. Mr. Bell, the other Commis- sioner, also agreed in the propriety of the destruction of the bulls and also signed the report. I saw the Kent bull in Bucksport on Oct. 22d. Dr. Bailey said in Portland that in- asmuch as I lived near hy I had better go down and see the bull and the party who owned him. Think the matter of that bull was talked over on the 20th of October. I examined that bull the 22d. He was in fair condition as to flesh, but not fleshy enough for beef. He had a staring coat and I did not like the expression of his countenance, things that I should not call just right. I have had considerable to do with cattle f 50 and horses and I can judge as quickly of the healthfulness or unhealthfulness by the looks of their eyes as by most anything. I told Kent that I should not use the bull. At our meeting on the 20th of October, Mr. Gilbert said there was no evidence that the bull was diseased that he knew of. Dr. Bailey stated at that time that the bull was out of one of the worst diseased cows that were killed in the previous April. I understood that Mr. Gilbert was opposed to having anything to do with the Kent bull. I saw Mr. Gilbert here at the opening of the legislature, and I understood him to say that Dr. Bailey had no business to go down to Bucksport when he did to make the examination. I think he disputed my right to fees for going down there on the same errand. I understood him to say that the board had nothing whatever to do with the Kent bull. I asked him at that time if he was not going to make a report, and I think he said he didn’t know. I spoke to him about it here in this room, the first day of the session of the legislature. It was my opinion and advice in Portland that those bulls should be taken incharge and killed ; I thought they had better not be propagating their kind. Q. You thought it was Mr. Gilbert’s duty as Cattle Commis- sioner to gather them up? A. I haven’t said anything about that. Q. What is your opinion? A. I think it was more the duty of the trustees of the College than anybody else’s. I knew bulls were sold from the farm, but I knew nothing about them. The first I knew that the bulls had been sold from the farm was when I was in Portland. J agreed in Portland that the bulls had better be called in. Mr. Bell and Mr. Gilbert discussed considerably in Portland the question of whether or not there was a law allowing or providing for calling in the bulls. I might have expressed an opinion that the Commissioners might not have authority to take animals and kill them unless there was some evidence of disease. I do not understand that we have a law authorizing the Cattle Commissioners to go out and destroy an animal after it has been pronounced sound by proper authori- 51 ties. I understand there is law by which the trustees could call these cattle in—the law that they themselves do business there by. When I saw Kent he was very anxious to get rid of his bull. Q. Unless there was evidence of disease in these cattle when they were sold, would you consider that the College was under any more obligation to buy them back than an individual would be? A. Yes; I should, those animals, because they sold them. Q. If you had sold an animal that was sound and you knew of no disease upon him or in the herd, and the disease afterwards developed in the herd and your cattle were destroyed, would you consider you were obliged to go and buy the cattle you had sold in a sound condition and that were still in sound con- dition ? A. If that disease could be traced back to the breeding ani- mal I should consider I was under both moral and legal obli- gation to take him back. Q. But that question as to whether it is traceable back is an open question, isn’t it? A. Perhaps so. Ido not understand it is so among experts. I understand by veterinary authorities that it is hereditary. Q. Do you understand that there is any certainty of how this disease developed in this herd of cattle at Orono? A. By contagion and by heredity both. I understand there is no other way by which it can be propagated. I un- derstand that these cattle were brought from different herds. Some got it probably by contagion, others by heredity. Q. Then would you search out the bulls where there was a hereditary tendency and leave those where the dam died from contagion? How would you distinguish there ? A. I should say that the strong probability was that those bulls were unsound and unsafe from hereditary tendencies. Q. We will say here is a cow brought into the herd at the College ; that cow drops a bull one year prior to this conta- gion; that bullis sold at three months old and goes out. Afterwards that cow takes this contagion from the rest of the 52 cattle and dies. Do you think the College is under any moral legal obligation to call in that bull? A. Perhaps not. If there is no suspicion of the bull I do not know any reason why they should take him back. But these bulls bred from cows diseased while they were carrying the calves I should say the College was under obligation to take back. Q. As matter of fact, is there any certainty that any of these cows were diseased when they carried these calves four years ago? A. I could not tell that. I understand that the Kent bull was really diseased. Dr. Bailey and Dr. Michener are my authority. TESTIMONY OF Z. A. GILBERT. You have alluded here to two reports of the Cattle Commis- sioners. Allow me to say in connection with this that the report you have spoken of as a minority report is a record of the doings of the Commission, required under the law, for the two years ending the 10th of January of this year. What you have designated as the majority report does not purport to cover the work of the board, but simply one feature of that work, which is the herd at the State College. By Mr. Libby: Q. What connection are you of Mr. Gowell, I mean what relation ? A. I did not know that I was related to him. I am not related to him. You mean by kin? Q. Yes. Is Mr. Gowell connected in any way with you by marriage. Are you any connection of his in any way? A. In no way, shape or manner that I know of. Q. Then you say Mr. Gowell is not your nephew? A. He is not my nephew. By Mr. Rich: Q. Have you got your report made up for the last 2 years? 53 A. That report was made up and presented to the legisla- ture about the 12th or 15th of January. Jam unable to state the date that it was laid on your table. Mr. Libby: The report has been distributed here. Mr. Rich: I have not received one. Witness: My report was made up from data kept by Dr. Bailey and furnished to me for the purpose of making up my report, covering every item of our doings for the two years required by the law—every action of the board during that time. The data were furnished by Dr. Bailey. Dr. Bailey: We agreed in our reports, as I understand it, clear up to the matter of the Kent bull. By Mr. Cornish: Q. Have you any statement you wish to make to the com- mittee before any questions are asked ? A. No, sir. Q. Very well. Did you receive an order from the legis- lature to make and file your report? A. I did. Q. And you hadn’t filed it at that time? A. It was in the hands of the printers, in preparation for presentation, at the time the order was passed through the legislature. Q. What time was the order passed through the legisla- ture? A. I cannot tell you. The date of the order is in my valise at the house. Q. It was not prepared and filed on or before January 10th, as required by the statute ? A. It was not. Q. You speak of that as a record of your doings. Did you ask any of your associates to sign that with you? Yes. . Q. Which ones? A. Mr. Bell, the only associate I had at that time. Q A a . Did Mr. Bell refuse to sign it? . He did. 54 Q. On what ground? A. I was unable to find out. Q. Did that conversation you had with him in regard to signing the report take place in the station at Woodford’s? . No, on the platform. . Well, at the station? . At the station. Did you ever ask him at any other time than that? . I do not recollect that I did. When did you first know of the existence of this dis- ease, or have any suspicions of the existence of it at the State College ? | A. I haven’t the date. It was about the time of that fear- ful blow and blockade on the railroads last winter, the last days of February, I think. Q. That was the first suspicion you had of it? AN Yes, ‘ait: Q. Have you brought to the committee the letters in your possession from the other members of your board? Have you them here? A. I have the letters of Dr. Bailey. Q. They are all here, are they? A. In relation to the cattle at the College? Q. Yes. I mean in relation to this matter now being in- vestigated. Those letters are here? A. They are here. Q. Have you the correspondence with the other members of your board ? A. Ihaven’t. I haven’t been requested to bring papers in here by any party whatever. Q. But you knew the terms of the order under which the committee is acting? A. I read the order, yes, sir. Q. And assisted in making up the list of names of persons to be summoned ? A. I suggested names of parties whom I thought it would be well to summon. SOPOPOPD 55 Q. Now you say your suspicions were first aroused about the first of March? A. No, I did not say so. Q. When was it? A. I cannot fix the time. It was about the time of that blockade. That was the first of March or the last of February. Q. Prior to that time you had no suspicion of it? A. None whatever. Q. Had you never had a suspicion of the disease in portions of the State prior to that time? A. I have been notified of disease in different portions of the State probably every year that I have been Secretary of the Board of Agriculture, and some years many times, in various sections of the State. Q. Of tuberculosis ? A. Of contagious diseases. Q. Had you prior to that, or within a few months prior to that, any notice of tuberculosis existing in any other section of the State? A. No. Q. Not in any other herd of cattle? A. No: Q. Had you within a few months any knowledge or sus- picion of any contagious disease in any herd of cattle? I mean, prior to this outbreak, the first of March, had you re- ceived any knowledge or information as to the outbreak of any contagious disease in any herd of cattle in the State? A. I could not answer that question. I presume I had, as I formerly stated-— Q. In any large herd of cattle? A. As I formerly stated to you, I was receiving from time to time along— Q. Can you state to the committee a single instance within three months prior to the first of March? A. I cannot, but my letters at home might show it. Q. You haven’t in mind that it was called specially to your attention ? 56 A. I could not specify any instance. Q. (Letter dated February 2, 1886, and marked ‘‘A” shown witness) Is that your handwriting? Au. es, sir, it is: Q. That is your letter? A., Yes, sir. (The letter was read in evidence, and is as follows :) 66 A STATE OF MAINE. Board of Agriculture, } North Greene, Feb. 2, 1886. Dr. Bailey :—What have you to say of a case of death from tuberculo- sis of an animal kept till the time of her death in the stable with a large herd of other cattle? Is it likely to follow herds, and possibly tardily, where an animal has been sick with it? Pardon me for troubling you, but I would like information on aboye points. Resp’y yours, (Signed) Z. A. Gilbert. Q. Now, can you state what herds you had in mind at that time, and what death you had in mind? A. I cannot. Q. Did you receive a reply to that from Dr. Bailey? A. I think I did. Q. Have you it in your possession ? A. I do not know as I shall be able to select the letter at once. All these letters I have here can go into the hands of the committee if they desire. Q. Did you know of the killing of the Gray Nose and Jer- sey Lily, as they are called? } A. Ido not know anything about any names. I am ac- quainted with the killing of the herd of cattle at Orono, but I cannot specify as to names. Q. Do you remember when they were killed? A. Yes. There were two cattle killed by order of the Commissioners; I cannot state the date, but it was sometime in March. 57 Dr. Bailey :—The 12th of March. Witness :—12th of March by order of the Commissioners. Were you present at the killing of those two? I was. Were you present at the examination of them? I was. Was tuberculosis found to exist ? Something Dr. Bailey called tuberculosis. Up to that time did you know anything about the dis- ea . No. And you saw what he called the evidences of the disease ? I did. . Was that Jersey Lily a half sister of the Kent bull? . I do not know anything about it. Do you know that she had the same dam, the Princess Alba? A. No, I do not know anything about the breed; haven’t kept the run of it. Q. After the killing didn’t you realize the fact that that Kent bull was out of the Princess Alba? A. I did not know anything about it at that time. Q. And that the Jersey Lily that was killed was a half sister ? A. I didn’t know anything about it until Dr. Bailey informed me later in the season. Q. Coming now to the Kent bull, what was the first in- formation you had as to him? A. [had a letter from Mr. Kent inquiring of me sumething in regard to a bull that he bought from the College herd. Q. When was that? A. I cannot tell you. It was sometime along in the spring or summer, but I haven’t the date of it. It was not an official matter, and consequently I did not make any oflicial record of it. Q. Why was it not an official letter ? PPoropkopopope 58 A. Because it did not call upon me as one of the Cattle Commissioners. Q. How did he happen to write to you? A. I do not know anything about that. Q. Didn’t you suppose he wrote to you as a member of the board of Commissioners ? A. He didn’t address me as one of the Cattle Commissioners. Q. Does a man have to address you in a matter of that kind as a member of that board before you take any action upon the matter? A. I do not know whether that would be the case or not. Q. If a man writes to you addressing you as ‘“‘Z. A. Gil- bert,” or ‘Hon. Z. A. Gilbert,” without putting on ‘* Member” or ‘‘Chairman of the Board of Cattle Commissioners,” and in- forms you of a suspicion of diseased animals in his herd, do you take no notice of the letter? I do take notice of the letter. Why didn’t you take notice of that letter? sea did: But not officially ? . I did not officially. . Do you take notice of the others officially ? He did not inform me of a diseased animal. Do you take notice of the others officially ? I do when I am informed of diseased animals. Have you that letter in your possession ? . Ihave not. It was a private letter and I do not keep them on file. All my official letters are kept on file. Q. How do you tell whether a letter comes to you in your private or official capacity ? A. If it was a letter in regard to a diseased bull I should suppose it was in an official capacity. Q. This was not? A. It was not. Q. Was it not in regard to a bull he had suspicion about having the disease ? Ppererere rer 59 A. In this letter he told me the bull was not diseased. Q. Why did he write to you then? A. He addressed me as a brother Patron and asked my advice. Q. About using a bull that was not diseased ? A. About using a bull which was purchased at the College farm prior to the outbreak of disease there. Q. Did he at that time state to you anything about whether he had suspicion of the disease ? A. He stated to me that the animal was well, that he ate well, looked well'and appeared well, and that he was well. Q. And you haven’t taken pains to preserve that letter, but are simply stating the contents of it now from memory? A. Iam stating it from memory ; I did not preserve it. Q. At the time you received that letter had any of the cattle at the State farm been killed? A. They had all been killed. Q. Did you take pains to answer him to ascertain the par- entage of that bull? A. I did not at all. Q. Not the slightest ? A. Not at all. Q. Didn’t try to find out whether the mother of the bull was one of the worst diseased cattle of the herd? A. I have answered that question. Q. Did you or not? A. I say I did not. Q. Did you take any pains to inform yourself as to the condition of the bull before replying? BING: Q. And this letter you received was immediately after the killing, was it not? A. No, sir; I cannot state when it was. My impression is that it was immediately after the killing. Q. On what days were the cattle killed there? A. I think it was the 22d and 23d of April. (Letter marked ‘*B” shown witness. ) 60 Q. Is that the letter which you sent to Mr. Kent in reply | to his? A. It is. Q. What is the date of that? A. April 30th. Q. Then prior to April 30th you had received from him his letter? A. I presume so. Q. Then it must have been immediately after the killing. It seems that you received his letter when the matter was en- tirely fresh in your mind? A. Of course it must have been fresh in my mind at that time. (Mr. Cornish reads in evidence the letter marked «‘B,” which is as follows :) 6 ‘B” STATE OF MAINE. Board of Agriculture, : North Greene, April 30, 1886. Mr. S. N. Kent:—Your letter is at hand. If I were in your place I should retain and use the bull. As long as he has shown no cough and no other signs of disease it is safe to conclude he is well. If he is well it is safe and proper to use him. Resp’y yours, (Signed) Z. A. Gilbert. Q. You have heard the physicians testify, have you not, that an animal might have that disease and have no cough? . Yes, might have a cough and no disease. . But he might have that disease and yet have no cough? Yes. So that the cough is not the only symptom? No. And not a necessary incident to the disease ? No, but a usual accompaniment of it. . But still, not a necessary one? . Not always. POPOPOPOP 61 Q. Do you know when the stiff-necked one was killed, in March, 1885? Were you made acquainted with the fact that two stiff-necked ones were killed, in March, 1885? A. No. Q. And did you know that one of those was half sister to this very Kent bull ? A. No, sir, I didn’t know anything about the breed, records or parentage, or anything about it; nothing at all. Q. After your correspondence with Mr. Kent, what was your next correspondence in regard to the Kent bull? A. I have no recollection of any further correspondence with Mr. Kent in regard to the bull. Q. Well, with any member of your Commission ? A. Ido not know as I could state that correctly. I had some correspondence with some members of the Commission in regard to that bull. QQ. Did you have a letter from Dr. Bailey inclosing Mr. McAlister’s notice the latter part of July or the first part of August as to this bull? A. I believe I received such a letter including Mr. McAlis- ter’s notice. Q. And the document which I produce is the notice which was included ? A. I could not swear to the notice at all. It was returned by request to Dr. Bailey. I could not state whether this was the notice or not. Q. Did you reply to Dr. Bailey on that matter? A. I presume I did; I usually replied to his letters, all of them. (Letter dated August 10th, 1886, and marked “C” shown witness. ) Q. Is that the letter which you sent to Dr. Bailey in reply ? A. I think that is the reply. (The letter was read in evidence by Mr. Cornish, and is as follows :) 62 66? STATE OF MAINE. Board of Agriculture, North Greene, Aug. 10, 1886. Dr. Bailey: Dear Sir:—Your letter with doc’s at hand. I do not think case war- ranted a visit from you and they probably took the course they did to get an examination of the animal at State’s expense. I knew all about the case. In regard to my advice to use the bull: it is the only position we ean take. The bull was sound, so stated, ‘‘and we have no evidence that he came from any other than sound parentage.”’ The only thing to say is that he is all right. If he doesn’t feel easy about it, it is none of our busi- ness; then he must sell him, that’s all. Yours, (Signed) Gilbert. Q. Was not there evidence to you, as a member of the Board of Trustees of the College, or as a member of the Cattle Commissioners present at the killing in all your capa- cities, that he did come of unsound parentage ? A. There was a possibility, nothing further. Q. You knew his mother was one of the worst cases, did you not? A. I did not at that time. Q. Could not you by the slightest work have obtained that information ? A. I probably could if I had sought it. Q. But you didn’t try to, did you? A. Ididnot. I will make a word of explanation here, with the permission of the chairman, with reference to why I stated (in the letter) that he should not have visited the bull. The requirements of the law are that there should be diseased animals in order to warrant a notice; that that notice shall come from the municipal officers to the Commissioners. I had had this bull under my charge. The notice to me was that he was a well bull, and all right in every respect. There was only a possibility, a suspicion against him; but the statement was that he was all right, and, therefore, that was not a matter for legal notice to the Commissioners, and hence my statement. —— 63 Q. You say you had had the bull under your charge ? A. Under my notice. Q. Under your charge as one of the members of the Cattle Commission, do you mean? A. No, sir, under my notice; under my notice would have been a better word, because I had had the bull under consid- eration. Q. Under your notice as a Cattle Commissioner? A. No, sir, as an individual. Q. You make that distinction all the way through, do you? A. I make it now. Q. Were you acting in respect to the Kent bull as a private eitizen, or as one of the Board of Cattle Commissioners ? A. In that letter to Dr. Bailey I was acting as a Commis- sioner. . Q. And in your letter to Mr. Kent how were you acting? A. As a private individual, as I was addressed by him. Q. Then the way in which you act always depends upon the method by which you are addressed by those who write you letters ? A. I do not know about that. Q. It did in this case? A. I stated in each case how I acted. Q. In the letter to Dr. Bailey you said of the Kent bull it was “none of our business ?” A. None of our business as Cattle Commissioners. Q. Doyouthinkthe Cattle Commissioners have no “summary powers” in such matters? A. What do you mean by “summary powers ?” Q. What does the statute mean when it uses the word? A. I do not know. I ask for information. Q. What is your construction of it? A. I could not say. I could not tell what in law is under- stood by “summary.” Q. Haven’t any idea what “summary powers” means? A. No, not definite. 64 Q. Do you mean to say you think the Cattle Commissioners had no power to act in any case of diseased cattle unless the municipal officers should call upon them so to do? . A. Repeat that question. Q. Do you think that the Board of Cattle Commissioners had no power to deal with diseased animals in any way, or those suspected of disease, unless notified by municipal offi- cers of the town? A. The only exception that I would make to that is a herd of stock belonging to the State. Q. Otherwise they had no power? A. Otherwise, in a town or municipality where the stock belonged to a private individual, the Cattle Commissioners have no power whatever to act in cases of disease unless called upon by municipal officers. Q. You are very positive in that position? A. Iam. By Mr. Walton: Q. Did I understand you that this letter (letter marked ‘*B”) was written by you as a private individual to Mr. Kent? A. Yes, sir. Q. Did you understand that he wrote to you as a private individual asking your advice in regard to it? A. I did. He addressed me as a brother Patron, that is, a brother Granger. Q. You wrote this upon one of your blanks as Secretary of the Board of Agriculture? A. Yes, sir, I was using that paper in all my ¢orrespond- ence, private and official, in various official directions. I have Experiment Station headings to some of my paper, and I sometimes use that. We have no official paper for the Cattle Commission. Q. Yes, but this is official paper for the Board of Agricul- ture, is it not? A. Yes, sir, but not the Cattle Commission. Q. Certainly, but it is all the official paper you have? A. No, sir, I have some other official paper. a it i 65 Q. And in connection with the Board of Agriculture ? A. No, sir, in connection with the Experiment Station. By Mr. Adams: (2. Does not your office in the Board of Agriculture make you an officer also of this Commission ? A. I so understand it, yes, sir. ‘This office as commis- sioner is an ex-officio office. Q. So that would be sufficient for official paper in that ca- pacity ? A. Perhaps so, but it was not so designed. It was designed as an individual. By Mr. Cornish: (. Have you any official paper of the Board of Cattle Com- missioners ? A. I have not. (). Has not all your official correspondence as a member of that board been upon this same paper upon which you wrote to Mr. Kent? A. I presume it has. I use that in nearly all of my cor- respondence, private and ofiicial. Q. In writing to other men do you make the same distinc- tion? and when you write to them and sign simply your own name and without the word ‘‘Commissioner” under it, do you understand that to be a private correspondence ? A. Not necessarily so. Sometimes I sign officially and sometimes I do not; depends upon whom I am writing to. Q. Then at the other end of the route, when the man re- ceives that letter with that letter-head and your signature, he has no means of knowing whether you are writing to him as a Patron or as a member of the board, has he? A. I do not know anything about what means he has; he has only the letter of course. Q. So far as that goes, have you in any of your correspond- ence in regard to this Kent bull ever signed your name as ‘‘Commissioner on Contagious Diseases ?” A. Ido not know. I may and may not. 5 66 Q. You haven’t been very particular about that? A. No. I am very particular if I am taking any legal action that it shall be a legal notice; I am very particular about that. Q. Now, going back to the question of the power in the board, you say you so construed the law, and still have no idea as to the meaning of the words ‘‘summary powers” in the statute ? Y A. I do not interpret the law for our action myself. I use my judgment, but the interpretation of the law has been given to me by higher authority than myself. Of course I had the privilege of reading the law and using my judgment in regard to what the law was, but it has been interpreted and defined to us by higher authority. Q. And using your own judgment upon it you so con- strued it, although the words ‘‘summary powers” are in the statute ? A. I do not know whether ‘‘summary powers” are in the Cattle Commission law or not. I presume the statute will show. Mr. Haines :—‘Summary orders.” Q. ‘Summary orders.” Have you always maintained the same position ? A. I have. I think I have. I have no recollection of maintaining any different position. (Letter dated April 13th, ’86, and marked ‘*D” shown witness. ) Q. Is that your signature and letter? A. Looks like it; yes, sir, that is mine. (Mr. Cornish placed in evidence the letter marked ‘‘D,” which is as follows :) boy)? STATE OF MAINE. Board of Agriculture, \ North Greene, Apr. 13, 1886. Dear Doctor:—Your letters were duly rec’d Monday evening. My arrangements previously made are such that I cannot go down to Port- land on Wednesday. I had planned to give some time to that matter next 67 week, andto do it must have my time for other work this week. The printers are at work on my annual report and J am obliged to keep them at work. I don’t want to put our heroic treatment into effect at Orono till we have letters from other authorities. Write to Billings and others and see what they will say to the course we proposed. I don’t think you had better go down to Wesley till we have consulted together. Now in regard to scabby sheep. We must hold back about making ex- pense for the State in such cases. If you are called by municipal officers you better diagnose the disease and leave the matter right there with the municipal ofticers to do further as they please. This will throw the whole responsibility—further than a decision as to the nature of the disease— on to the officers, where we want it. Sec. 38 of the law says, *‘said offi- cers may order them killed,” ete. Sect. 50 gives us the ‘tpower to issue summary orders” but it does not say we shall. So we will take the easy horn and let the municipal officers do what they think best, when they and not we must bear the responsi- bility. Ithink this the proper course and by all means the best course. I don’t want to take the responsibility of making cost on little flocks of sheep or pens of pigs. You tell them the nature of the disease and let them do as they please further. We must be careful how far we go. Hastily yours, (signed) Gilbert. You will not get this till after your interview with the Gov. I would like to know the tenor of it. G. Witness :—That was written to Dr. Bailey because [ con- sidered he had gone too far, and it was out of caution to him. He had visited several flocks of sheep, and had ordered them to be destroyed on his own responsibility singly, and they were destroyed on that order. Scab in sheep is a curable disease. We have no rights or authority as a commission to destroy stock that is diseased with a curable disease. Q. And is hog cholera a contagious disease ? A. Tt is; (Letter dated November 11th, ’85, and marked ‘*E” shown witness. ) Q. Is that your hand writing? A. It looks like it. (Mr. Cornish read in evidence the letter marked ‘‘E” which is as follows :) 68 66”? STATE OF MAINE. Board of Agriculture, 4 North Greene, Nov. 11, 1885. Dr. Bailey :—Your bili was promptly attended to by me, and presented in person. At one session since I wrote a letter calling attention to it. At the last session they drew warrants for other matters, and I supposed that had been attended to. I did not see the council at the last session, as they were on a murder case while I was there. Have done alll could. I don’t like the way we are treated and would resign if I could. I don’t like the business either. In all cases of a call to us from municipal officers, please preserve the eall to file with your bill as authority for the action. If I understand the Thorndike case we can do nothing for the parties. In the cases of hog cholera at Saco, think the course is to let the author- ities take care of the matter. You make your visits only on call, (for the present at least) and pronounce upon the disease. Sec. 50 of the law gives us the power to issue summary orders, but it is left to us to judge whether public safety requires it, and unless it does we are in no way obliged to act. If at any time we find the municipal officers are neglecting to pro- tect the public then it becomes our duty to do it ourselves. So you diag- nose the disease when called upon, and if the officers think it best to prize and kill, let them do it and collect the damage. If we find them negligent and public interests not protected, then we will step in and handle the matter ourselves. This throws the responsibility upon them, and we are to take it only when we are obliged to. I go to Boston to-morrow and wish I could stop off at P., but cannot. If you want me to stop over a train when I come back on Tuesday next— at Saco or Portland—write me at 13 School St., Boston. I will telegraph you to strike me on noon train at Woodford’s, and if it finds you at home we will consult. Yours, (Signed) Gilbert. Witness :—My explanation of that is that in regard to these unimportant matters where the public safety was all right it was better to leave them in the hands of the municipal officers. where the law allows them to be, and let them take care of them. They could do it cheaper, easier and better than we could. That was my idea in these unimportant matters where the public safety was not jeopardized. Q. Do you think if acase of tuberculosis is brought to your notice as cattle commissioner, and you learn that it exists in 69 a certain town in this State, that you cannot move one peg unless the municipal officers see fit to notify you? A. Idothink so. I have been so instructed by the Governor and Council of this State. Q. And you have always acted in that way ? A. No. There is one exception. Q. I mean, except the College? A. Yes, sir, I think so. I do not recollect any case in which we have not always acted in that way. Q. Now after this matter was brought to the attention of vour board by this notice from the selectmen of Bucksport, did you then think that the Cattle Commissioners of this State ought to take hold of that matter ? . I did not. Why? . Because that bull was a well bull. . What information had you as to that? . I had the information trom the owner of the bull. . Do you take the information of the letter which you have described here giving the outward appearance of the bull, written to you, as you say, a brother Patron, in place of the official notice given to you in July as a member of the board of Cattle Commissioners ? A. Official notice was given to Dr. Bailey. Q. He was one of the board? A. Yes, sir; and he went to visit them in accordance with that notice. Q. Then would you let that letter which you received the previous April, as you say a private individual, supersede the official notice which came to your board ? A. My knowledge of that animal was that he was a well animal. I had no other knowledge in regard to that animal, and consequently that was my position. Q. Did you have any other knowledge except what was con- tained in that first letter written to you by Mr. Kent? A. When? Q. In April previous. OrOrOo>P 70 A. At the time the letter was written, do you mean? Q. When this letter came to your board from Mr. Me- Alister, selectman of the town of Bucksport, did you at that time have any notice of the real condition of that oull other than what was contained in the letter from Mr. Kent of the previous April? A. I do not know that I had. Q. And that letter, you say, was written to you not ofhf- cially, but as a member of the Patrons? A. I say so. Q. And you allowed that letter to supersede this official notice given to you as a member of the board? Is that so? A. No, I do not understand it so. Q. Didn’t you take what you say were the statements in that letter in preference to what was contained in this notice? A. I do not recollect what was in the notice. Q. Did you ever visit the bull? A. Never. I never visited the bull because I never was notified he was diseased. Q. Did you concur in your associate’s visiting that bull? A. The letter says I did not. Q. You did not approve of his course then? A. Yes, I did approve of it. I think I wrote to him saying that under the notice to him he was justified in visiting the bull. But the notice was—I do not know how to express it, but I should say it was a sort of spring, one of those springs that have been attempted a good many times on the Commis- sion to get an official diagnosis of a disease at the expense of the State in an individual case. Q. And you were very glad to have that suspicion in this case, were you not? A. I do not know. Q. The only information you had was from the previous letter written to you as a Patron? A. That is all I recollect now. Q. Still, you neglected to take any part in the investigation of the Kent bull case as an officer? 71 A. No, sir. Dr. Bailey went down there and visited,"pro- fessionally, the same as in all cases of disease. . At your request? - On his own responsibility, as he frequently did. . Did you approve of his action after he did it? . I was a good deal— . Did you approve of his action after he did it? I did. And thought that he had a perfect right to go there ? I thought under the call he received that it was his duty to answer that call. Q. Didn’t you tell Mr. Ferguson in the State House this winter that he had no business to go there? A. Ido not think I did. At least, I do not know why I should, because I think I had previously written to Bailey that he was justified in visiting the bull under the notice he received. I do not recollect that I told Mr. Ferguson that. I would swear that I have no recollection of telling him so. By Mr. Libby: Q. What was the result? Was the bull called sound? A. Immediately after the visit of Dr. Bailey to the Kent bull he wrote me of his visit, and this is the letter: ‘*Port- land, August 8, 1886. ‘*Dear Gilbert: I inclose to you some documents that I deemed of sufficient importance to receive my prompt attention, and went to Bucksport on Wednesday and met McAlister, who took me to Kent’s place. The latter is a farmer with a large stock of cows from which he supplies >POPOPOPS the city with milk, and he also keeps a bull for public service. This bull he purchased at Orono, and he is apparently a well animal with a normal temperament and sound lungs as far as can be tested by percussion, and is about a year old.” That is all that relates to the bull. By Mr. Cornish: Q. Do you know whether or not Dr. Bailey corresponded with Mr. Gowell after that as to the lineage of this animal? A. He said he did. 72 Q. Did Dr. Bailey write a letter inclosing that reply from Gowell? A. Dr. Bailey informed me that he had corresponded with Gowell and found that the bull was calved by one of the cows killed at the College, one of the diseased cows. (Letter marked ‘‘F” shown witness. ) Q. Is that the letter you received inclosed, do you think? A. I can tell by reading it through. Dr. Bailey informed me to that effect. | Q. Didn’t he inclose a letter from Mr. Gowell? A. I cannot tell you. He informed me of the fact. (Mr. Cornish read in evidence letter marked ‘‘F,” as fol- lows :) son Orono, Aug. 9, 1886. Dear Doctor :—The dam of the young bull was Princess Alba, one of the two cows we slaughtered in the field near the stable, and whose lungs and glands you brought into the stable. She was one of the worst cases. You doubtless remember her condition now. Lungs and glands badly off. IT am confined to the house by sickness and am writing to you with ex- treme difficulty. Most truly, (Signed) G. M. Gowell. ‘Princess Alba” was the dam of the ‘‘Kent bull’? whose lungs I refer to, sent to the American Vet. College. G. Gd. B. (Letter marked ‘*G” shown witness. ) Q. Is that your hand writing? A. It is. (Mr. Cornish read in evidence letter marked ‘*G,” as fol- lows :) id STATE OF MAINE. Board of Agriculture, North Greene, Aug. 13, 1886. Dr. Bailey: Dear Sir :—We haven’t the ghost of a law that will authorize us to inter- ere with that animal. If Mr. K. don’t think the animal safe to use, it is his business, not ours. Besides. ‘‘a decision that the animal was unsound when bought binds the College to refund.” Remember, the College cattle were the State’s property and we did not apply the law at all. | 73 ‘We can’t do anything but let the animal alone just where he is, and not somplicate ourselves with it. It is our only way. I suppose we better square off with Scribner and settle the matter up. ) He can get more for those cattle to sell them for beef, and he better do it. | You see Locke and see what he says about it. The sooner we attend to | it the better. The Gov. is gone, and you ask Locke if we better wait till he returns or go ahead as soon as we can arrange the matter. Let me know as soon as you can. Yours, (Signed) Gilbert. Q. You were a trustee of the College, were you not? A. Yes, sir. Q. And one of the farm committee of the College ? A. Yes, sir. Q. And had been instrumental in purchasing this whole herd? A. Directly and indirectly. Q. Largely so, had you not? A. No, sir. Q. You and Gowell together ? A. We made one purchase together. Q. Did you make any alone? INO, BIE. Q. Advise as to purchases ? A. I presume so, as we had a perfect understanding with each other in regard to all these matters. Q. Did you have another letter from Dr. Bailey on the 22d of October? A. I presume so; I had a good many from him. Q. Can you find that as readily as you found the last one you produced ? A. I do not know. I may have it here and I may not. Here is one dated October 23d. Q. Yes, sir. Will you read that to the committee ? (Witness reads letter dated October 23d, ’86, and marked ~*H,” as follows :) 74 se? Portland, Oct. 23, 1886. Dear Sir :—I am in receipt of two letters this morning, one from Dan- forth, that satisfies me that they have no ‘‘contagious disease” among their horses, and I do not propose to go. So, knowing no business East, I will go to Orono almost any day that I can be of service there. The other letter is trom Mr. McAlister, Bucksport, in answer to my enquiry if Mr. Kent would consent to have his bull killed, without the interven- tion of the cattle commissioners, and he replied by saying: “If the State will give $25.00 the bull shall be disposed of and I will pay the rest of the bills myself. I make this proposition that the future of the com- munity may be safe.” Please answer at once what you have to say to this proposition, as the Governor has said to me lately, ‘‘consult Gilbert.” I have to request of you that you will return to me three letters, which I recently enclosed to you; one from Mr. Scribner, the rest from Mr. Gowell, in answer to my enquiry regarding the cow ‘Princess Alba,” and last the postal from Mr. Chase in regard to the sale of cattle at Scribner’s. Mr. Ferguson called on me the next morning after our meeting, and told me he had seen Governor Robie in relation to his serving out the re- mainder of the year, (or until after the report of the commissioners was made up) and that the Governor had *‘promised him he should be continued in office. and would forward him papers to that effect.”’ As far as I am concerned all this ‘“‘backing and filling” has ceased to interest me, and I have no further objections to offer. Please let me know when you write if the appraisal and settlement at Scribner’s is satisfactory to you, and if you are to be at home the coming week. Tam very truly yours, (Signed) Geo. H. Bailey, V.S. (Mr. Cornish proposed to read the McAlister letter in- closed in the letter of October 23d, but Mr. Gilbert raised the point that it had not been identified. The letter was then identified by Dr. Bailey and it was read in evidence by Mr. Cornish, being marked ‘I,” as follows :) 66? Bucksport, October 22d, ’86. My dear Sir:—Yours of the 21st inst. rec’d, and contents noted. I fully appreciate your position in the case of Mr. Kent of this town and will co-operate with you and have the bull killed. Now if the State will give $25 the bull shall be disposed of and I will pay the rest of the bills myself. I make this proposition that the future of the community may be safe. Respectfully yours, (Signed) G. W. McAlister. 75 P.S. Mr. Kent wishes to get rid of the bull at once as he is to a great deal of trouble keeping the animal up. McAlister. Q. Did you reply to Dr. Bailey, and have you your reply? A. I have a letter here dated October 27th, which I think is a reply to that letter. Q. May I look at it? A. No. QQ. You refuse to allow me to look at that letter ¢ A. I do until I read it. (Witness reading letter to him- self. ) | Q. Do you refuse to allow me to look at that letter? A. Ido. Iam dealing with the committee and not you. Q. And you refuse to allow me to look at the letter? A. Yes, sir. The letter is mine, written by me, and I will read it. (Witness reads letter dated October 27th, ’86, and marked ‘6J,” as follows :) sey STATE OF MAINE. Board of Agriculture, \ North Greene, October 27th, 1886. Dr. Bailey :—I supposed Mr. Bell would consult you on that unfinished business after you had heard from the parties again. I am still where I have been in the matter, and being there, know of no compromise ground I wish to take. If you and Mr. Bell decide dif- ferently from my views I must yield to the majority, but not convinced. In view of the fact that the publie will not use his bull, will not Mr Kent, with your advice, feed him off for beef? The settlement with Scribner was satisfactory all around. Yours, (Signed) xilbert. (. You notified Bell and Ferguson to meet you at the City Hotel in Portland last October, the 20th? A. I did. Q. And you met them there ? A. I did, or they met me there. 76 Q. Did you take them up into your room before going over to Dr. Bailey’s? A. I presume I did. We met there for the transaction of business, and I suppose I should take them to a room. Q. Did you have any conversation with them as to what Dr. Bailey proposed to say in his report? A. I have no special recollection in regard to it, but I pre- sume we did. Q. Did you try to influence those gentlemen at all as to which side they should take ? A. No. Q. Not the slightest ? A. Not in the least. My statement to the Commission was to this effect: Dr. Bailey had been sick; he hadn’t fully recovered. He was in a weak condition. I thought to save him the trouble of a full discussion of this matter by getting together ourselves and by ourselves talking the matter over befure going to him, and that was my request and purpose— that we might have an understanding between ourselves and thus tax him less than otherwise would be the case. Q. Then your motive in taking those gentlemen to your room and talking the matter over in advance was simply a humane one for Dr. Bailey ? A. A humane one for him in connection with the necessity for talking over business while and when we were present there in Portland at the meeting which was called for that purpose. Q. And to save Dr. Bailey the worry of things was the only object you had, then? A. Yes, sir. Q. Did you represent to those associates that Dr. Bailey had taken grounds that you did not approve of? A. Yes, sir. Q. Did you represent to them that you hoped they would agree with you? A. Ido not know whether I did or not; I presume I did hope so. tt Q. Did you communicate the fact to them? A. I should suppose I did; I do not know. Q. Did you communicate the fact to them that that was the reason you took them up to the room so as to have them forewarned and so forearmed ? A. No; no recollection of it. Q. Have you the letter from Dr. Bailey with the proposi- tion to make your reports this year? A. Ihaven’t it. I took only those relating to the subject matter under discussion here, under the investigation. Q. And you did not take the correspondence relating to the reports ? A. No, sir; only relating to the subject under discussion. Q. Would not the ‘‘doings” of the Commissioners come under the clause ‘‘relating to the doings of the Commis- sioners” ? A. Relating to this ?—no, not at all. Q. You construed it in that way? A. I did. Q. And therefore did not bring those letters? = A. I did not. I was not requested to bring any letters ; but I did bring those relating to the wording of the order, all voluntarily on my part. (Letter dated Dec. 21st, ’86, and marked ‘‘K” shown wit- “ness. ) Q. Is that the letter which you wrote to Dr. Bailey in reply to his proposition ? A. It is my writing. That is my signature and my writ- ing. (Witness looking through the letter. ) Q. Is that the letter? A. I presume it is. Q. Don’t you know it is? A. No, I cannot tell until I read it. Mr. Libby :—Look at it and see. 78 Q. Look at it until you have found out whether it is or not; look at it sufficiently long enough to tell whether it is your letter or not. A. I cannot tell. I will see, getting along with it as fast as I can. Q. Iask if that is your letter? [after a pause] You do not propose to answer my question as to whether that is your letter until you have read it through? Is that your proposi- tion? You do not propose to answer whether that is your letter or not until you have read it all through? A. I have got other business on hand. Mr. Libby, a mem- ber of this committee, has asked me to look at this and see. Q. Will you or not state whether that is your letter before you have read it entirely through to know its contents? A. J am satisfied that is my letter. Q. How long have you been satisfied that that is your letter ? A. Long enough to answer it. (Mr. Cornish read in evidence the letter dated Dec. 21st, and marked ‘‘K,” as follows :) wK STATE OF MAINE. Board of Agriculture, \ North Greene, December 21, 1886. Dr. Bailey :—I have only a few minutes at command this morning and in that time state briefly just how far the law will justify the Commission in going, in my interpretation of it. The law gives us no police powers whatever. On appearance of disease which the municipal authorities fear endangers public interests they are to call upon us. If we find contagious disease we are authorized to take charge of same. If not, we stop right there. Just there we meet the Kent bull case; you found the bull sound, so there our jurisdiction under the law stops, and we have no further busi- ness with the case. So far the legal bearings of the case, and I want you to repeat to Goy. just what we have been doing as a Commission, and when you have told the story of our work, stop. I know as wellas you there is a bearing beyond this, but it leads us as a Commission where we cannot go. Yes, and it leads us into that which 79 has noend. We cannot surround and exterminate this disease. It is all around at the present time. I have just found where there has a valuable bull died with it only a few weeks ago, and a cow not long since, and where there is another cow that will die soon. You can never report we are free from it. Further it is the height of folly, knowing these things, to single out those College bulls and recommend their destruction for publie security, when there is the same danger lurking in the same way all around us. There is still another view which we,as 2 Commission, must not over- look, whether professional honor and reputation are jeopardized or not. How long would it take to raise a good sized earthquake here in our State if we strike out here and there killing animals well in all outward appearances? I tell you, Doctor, we can accomplish far more by restrict- ing our work than we can by taking but a single step that the law does not plainly require. Hastily yours, ; (Signed) Gilbert. Witness :—I indorse every word of that and stand by it at this time, and put it in as evidence. Q. Now, at that time how many other cases of tuberculosis in this State did you know of? A, Ihave known of cases— Q. At that time how many did you know? A. I have known of cases in this State for 10 or 15 years back. Q. How many at that time, when you wrote that letter, did you know existed in this State? A. I had just been informed at that time of the death of a bull which was shown at both of our State fairs last fall. Q. What other? A. I had also been informed of the death of a cow. Q. What other? A. I had also been informed of another cow that was ema- ciated, Q. A poor cow? A. That was emaciated from a disease which to all appear- ance was that disease. Q. How many more? A. That is all that I have in mind that were meant or re- ferred to in that letter. 80 Q. Those three are all you had in mind at the time you wrote that letter? A. I think so. Q. Did you know of any other cases existing in the State at that time besides those three ? A. No, I do not recollect of any. Q. What became of the Kent bull? A. Dr. Bailey stated, and Mr. McAlister stated, that they killed him. I do not know what became of him. . Q. When did you first learn or hear the report that he was dead? A. I first learned of the fact by a statement of Dr. Bailey. I had heard previous to that time, a gentleman had told me that he had heard, that the bull was killed. . Prior to that time that was the only information ? . That was all the information I had. . Who was that gentleman? Mr. Whitmore of Verona. He is a member of the legislature ? . He is, I believe. . Did you not, after that conversation with Mr. Whitmore, state to the Committee on Agriculture here one day that you: didn’t know anything about where the Kent bull was? A. No, I did not state it in those words exactly. Isaid I didn’t know what had become of the bull. Q. When you used the word ‘‘know” you stood upon the technical meaning of the term? A. I did, as though I was giving testimony. Q. Personal knowledge? A. Yes, as I was before a committee. Q. But prior to that time you had heard from two different sources ? A. No. Q. From one source? A. From one source. Q. That he had been killed? A. I had heard that he had heard that he had been killed. OPOorPere 81 Q. Did you have any reason to doubt that ? A. No, I hadn’t any reason to doubt that he had heard so. (). Have you ever seen a report of the interview in the Lewiston Journal— A. No, sir. Q. —with you? A. No,.sir. Q. And as copied into other papers and the Home Farm ? A. No, sir, I havea’t seen the Home Farm for four weeks. (. Have you ever seen the printed account of that inter- view with yourself? A. I would have it understood that I am not responsible for newspapers. (. I simply ask if you have read it and if you sanction it? A. I have answered; I haven't read it. (). Haven’t read it ? A. I haven’t read the Home Farm. Mr. Cornish :—I will read the words from the paper. Mr. Gilbert (to the chairman) :—Is a newspaper article to be introduced here as evidence ? Mr. Walton:—O, no, not at all. That newspaper article cannot be used as evidence in this case. Mr. Cornish :—I do not offer it for that.’ Q. Did you have any interview with any one purporting to be a correspondent of the Lewiston Journal ? A. When and where? Q. At any time this winter? A. Yes, I have seen correspondents of the Lewiston Journal very frequently, and I have had some conversation with the gentleman before you. Q. Mr. Dingley ? A. And also had some conversation with Harry Andrews. Q. Did you authorize either of the correspondents of the Lewiston Journal to publish any statement of yours that you made in this interview ? A. I authorized— 6 82 Mr. Walton:—If you want to ask the witness if he made such and such statements to any one I think, as one of the committee, I shall allow you to do it; but I do not care about whether he has authorized anybody to publish his statement or not. Q. Did you state to any correspondent of the Lewiston Journal or anybody else as follows, or substantially as fol- lows: ‘‘I hold that the law gave the Cattle Commissioners no power to take up the Kent bull after he had been pronounced sound, without a call from the municipal authorities, and gave us no liberty to interfere with the other bulls without a call from the municipal authorities. Last October the Commis- sioners met in Portland. There Ferguson and Bailey of the Commission told me that they agreed with me in my inter- pretation of the law.” Did you ever make that statement? A. Does your question cover all you have read ? Q. Yes, sir. A. It is most too much to answer at once. I cannot retain that in my mind so as to give an intelligent answer. Q. ‘I hold that the law gave the Cattle Commissioners no power to take up the Kent bull after he had been pronounced sound” ? A. I did hold it then; I hold it now. Q. ‘*And gave us no liberty to interfere with the other bulls without a call from municipal authorities” ? A. I did, and hold that now, and here state it. Q. ‘‘Last October the Commissioners met in Portland.” Did you state that ? A. What I supposed to be the Commissioners ; yes, what was left of them came to Portland, and also Mr. Ferguson and Dr. Bailey. Q. ‘‘There Ferguson and Bailey of the Commission told me that they agreed with me in my interpretation of the law”? A. Ferguson told me, and he has testified so standing there. Q. Whether you have stated that Ferguson and Bailey agreed with you in your interpretation of the law, at the Portland meeting ? 83 A. Yes, I so understood it. Q. ‘‘And since that time, Mr. McAlister, chairman of the selectmen of Bucksport, has told me that he agrees with me” ? A. Yes, I made that statement. Q. Did you hear Mr. MecAlister’s statement last night ? A. I did. I met him on the train, going up on the train. He is an old acquaintance of mine, and I talked various mat- ters over with him, and among the rest we talked about the Kent bull. We went over the history of the case and into the matter, and in the course of the conversation I alluded to the fact that I understood that the jurisdiction of the law ceased when the veterinary of the Commission pronounced the bull sound. And I understood him to accede to that. I am ready to swear that I honestly and truly understood him to accede to that. And he further said then: ‘I agree with you there; but it belonged to the trustees of the College to take care of the bull.” ‘Very well,” said I, ‘‘the College trustees never have been called upon to take care of that bull to my knowledge.” Q. You heard MeAlister’s statement here last night, did you? A. I did. Q. That he didn’t agree with you, and didn’t intend to say anything to that purport? A. J heard that statement, and was very much surprised at it. Q. Now, will you produce to the committee all the other letters and correspondence which you have had with the Cattle Commissioners ? A. I will if they ask me to or request it of me. Mr. Walton:—The order requires us to call for all the cor- respondence. Witness :—Mine you have here, and it is for you. By Mr. Walton: Q. Is this all the correspondence you have? 84 A. I have got some here in my pocket. It is all the cor- respondence relating to this cattle affair and to the action of the Commission connected therewith. Q. Can you not produce the letter sent to you by Mr. Kent? A. I do not think Ican. As I have said before, my private correspondence is not filed, whereas, all my official correspond- ence is filed, and I can go and draw upon it any time. By Mr. Rich: Q. Do you think you have been as vigilant as you ought to have been in looking after this disease ? A. Mr. Chairman, in reply to that we haven't any police powers whatever. Mr. Walton :—Answer the question. A. I do. That is my answer to him. Q. (By Mr. Rich.) I asked you if you thought you had been as vigilant as you ought in looking after this disease ? A. Ido. That was my answer. By Mr. Haines: Q. Did ever anybody raise any objection to it? A. No. As I said before, the Governor and Council gave us definite instructions in regard to these matters and in re- gard to this law when we had the foot and mouth disease under consideration. We consulted them in every detail, and they gave us instructions, and the legal gentlemen of his Council at the time from whom those instructions emanated, were Bolster of Auburn and Locke of Portland. Mr. Walton :—Whose Council? A. Governor Robie’s Council. TESTIMONY OF WILLIAM B. FERGUSON, resumed. Mr. Gilbert asked me if I thought we should be justified in killing well cattle. I said, No. So much I agreed with him; but that does not imply that I agreed with him in other points. I think that should the Commissioners find diseased animals they would have authority to killthem. For instance, 85 if the Cattle Commissioners should find a glandered horse being used in the streets of this city, I think the law would justify and uphold them in destroying that animal, municipal officers or no municipal officers. That is my position. By Mr Walton: Q. And did you claim you could act in such a case without notice from the municipal officers ? A. I do claim that. Q. And to Mr. Gilbert? A. If that point was raised at all; I do not remember whether it was raised or not; I would not say it was not. TESTIMONY OF W. H. JORDAN. I am director of the Experiment Station. On my way to Augusta yesterday I learned that an animal had been killed near Bangor the day before, and from what the party owning the animal said to the gentleman who gave me the informa- tion I judged it was probably a case of tuberculosis. I stepped off of the train at Waterville, thinking this would be a matter of a good deal of interest in this investigation, and telegraphed to a gentleman who is a friend of mine to forward portion of lungs to me at Augusta, and also send statement as to breed of cow. He sent the lungs, which I will produce, and this statement in regard to the breed of cow: ‘*This cow was ten years old and the party I purchased her of two years ago said he bought her mother of Dr. North, of Augusta, when a calf. That is all I know of it.” Q. OPrOPO 97 to the Fair; but the ones we left back there were equally well, or looked as well. Q. Now, what is the rule followed by veterinary surgeons, whenever they find the disease called tuberculosis in a herd? Mr. Cornish :—Mr. Chairman, and gentlemen, I have not raised an objection during the whole process of this investi- gation; but this man announced himself not to be a veteri- nary surgeon, and I submit this is not a proper question to put to him. Mr. Southard :—Mr. Gilbert has acted, of course, under the advice of veterinary surgeons; he knows perfectly well what their rule is, and I think it perfectly competent for him: to state the advice under which he has acted. Mr. Walton :—Was not there a veterinary surgeon on the Cattle Commission ? Mr. Cornish :—Yes, sir; Dr. Bailey. Mr. Walton:—Was he not put on it for the purpose of acting in that capacity ? Mr. Southard :—I presume he was; but if a veterinary: surgeon was to have all to do with it there was no need of a. Commission. Mr. Walton:—But do you claim that Mr. Gilbert went out and got the advice of other veterinary surgeons, besides Dr. Bailey ? Mr. Southard :—I propose to show that Mr. Gilbert has had the advice of veterinary surgeons, and knows what their rule is in such a matter. Mr. Walton:—Well, Dr. Bailey is to be a witness here. Wait until he gets through, and perhaps he will state it him- self. If not, you can putin this class of testimony afterwards. Mr. Southard :—1 think, then, at this stage of the case, that is all we will ask Mr. Gilbert. By Mr. Cornish : Q. Mr. Gilbert, do you wish to communicate to this com- mittee the idea that Dr. Bailey did not appreciate the disease at the State College? 7 98 A. In answer to that I will say that I wish to communicate to this committee all the facts in my possession that they want to hear. Mr. Cornish :—Now, Mr. Chairman, I submit that this is going too far; we are going into another cross-examination, such as we had here the last session, page after page. I ask a simple question and it can be answered ina simple manner. I submit that you request him to answer my question. Mr. Walton :—Suppose I request him, and he will not do it? Mr. Cornish :—Then hold him in contempt of the com- mittee. Mr. Walton :—Have you any objection to answering the question by Yes or No, that Mr. Cornish has asked? Mr. Southard :—His answer to one of my questions fully answered that question, Mr. Cornish. | Mr. Gilbert :—I would like him to repeat that question once more, and I will answer you (referring to the com- mittee). Mr. Cornish :—I wish to know, Mr. Gilbert, if you ignore me when I ask you a question? ; Mr. Walton :—That is not the question you asked before, brother Cornish. Mr. Cornish :—No ; but it is one called out by his manner. The first question was this: Q. Do you wish to communicate to this committee, Mr. Gilbert, the idea that Dr. Bailey, the veterinary surgeon, did not appreciate this disease when he called at the State College? A. No. Q. Do you wish to say that he was at all remiss in his duty? A. I have not said so. Q. Do you intend to say so? A. I intended to answer the questions just as they were put to me, and state the facts. 99 Q. Do you mean now for the committee to infer that Dr. Bailey was at all remiss in his duty ? A. Mr. Chairman, have I not answered that question ? Mr. Walton :—Practically, I think you have, Mr. Gilbert. I do not think you are required to draw any conclusion from your own statements. You leave that for the committee. I guess, brother Cornish, he has got you there. Mr. Cornish :—I don’t think he has. I think you have got me because you are in the chair, but I don’t think Mr. Gilbert has got me. I submit to the higher authority. Q. How long after Dr. Bailey stepped into the barn, that day when you were with him, was it before he pronounced tuberculosis to exist in that herd ? A. I could not state the exact time. Q. About how long? A. I can approximate it. I should say it was about one- half an hour before they went to the field. Q. How long after they went into the barn was it, approxi- mately ? A. They went into the field and made the examination, and returned and then commenced a re-examination of the animals. Q. Do you mean to say that before they went into the field he did not discover that tuberculosis existed there, so far as your observation went ? A. He did not state that he discovered it. Q. Did he make any examination of the cattle before he went into the field ? A. He did. Q. With any instruments ? A. Yes, sir. Q. Did he try percussion ? A. Yes, sir. Q. And still did not discover tuberculosis there ? A. Well, I have answered that question once. Q. And you still stick to that statement? 100 A. I state the same as I did before. (. How long was he in the barn before they went out into the field? A. About one-half an hour, as near as I can judge. Q. How many cattle did he examine before he went into the field? A. I do not know; several say two or three. Q. Do you know which one he examined first ? A. I could not state. Ido not know the animals by name. Q. Was it one of the cows? A. I know which one he tried to draw water from, and where she stood. Q. Was it one of the cows he examined first ? A. Yes, sir. Q. Do you know which lung of the animal he examined first ? A. No, I could not state. I don’t remember. Q. Was Professor Balentine present there ? A. I think he was. Q. One question more, Mr. Gilbert, I meant to ask you the other night. But before we come to that—is what you have stated here to-night the only explanation you wish to make regarding your correspondence in relation to the Kent bull? A. No; I have some more correspondence in my pocket. Q. Is that the only statement you wish to make regarding ‘ that correspondence ? A. Ido not recall anything now. Q. You stated the other night, in regard to the Kent bull, that at the hearing before the Agricultural Committee, Jan- uary 19th, you did not know the Kent bull had been de- stroyed, did you not? A. Yes, sir; and I so stated here the other night at your request. Mr. Walton :—Have you the letter. Mr. Kent wrote? Mr. Gilbert :—I put it in testimony the other night. 101 Mr. Southard :—It was a private letter and destroyed with his private correspondence. Mr. Cornish :—Yes; alleged private correspondence. Mr. Southard :—That is unfair. Mr. Cornish :—You stated the other night, did you not, that you did not know that the Kent bull had been destroyed ? A. I so stated to the committee, at that time. Q. Had you not, on the 15th day of November, 1886, received a letter from Dr. Bailey, in which he spoke of the Kent bull having been killed ? A. No, sir; never received a letter from him, up to this time, in which he spoke of the Kent bull being killed. Q. Did you not two days prior to that hearing before the Agricultural Committee, namely, the 17th of January, have a conversation with Mr. Bell, in which you spoke of the Kent bull being killed ? A. I don’t recollect any. Q. Do you say that you did not have it? A. I say I don’t recall any. Q. Do you recollect testifying before the Agricultural Committee, on the 2d of February, in regard to tuberculosis, and stating that Dr. Bailey did not disagree with you pro- fessionally, and you did not disagree with him professionally ? A. I stated that I did not disagree with him professionally ; I did not make the other statement, that I recollect. Q. Did you not also state that you depended on him, and left all matters of that kind (tuberculosis) to him, because you did not pretend to know anything about tuberculosis ? A. All matters of diagnoses of disease, at all times, every- where, were left with Dr. Bailey ; and his opinions were con- sidered at all times by the Commissioners. Mr. Walton:—Then you did not get advice from other veterinary surgeons, without he recommended it ? Mr. Gilbert :—Certainly, we did. Mr. Walton:—What did you do that for, if you left all that part of the business to him? 102 Mr. Gilbert:—He corresponded with them by arrange- ment with us, after talking it over with the President of the College, and the Governor and members of his Council— corresponded with veterinarians, the leading veterinarians of the country, including Dr. Salmon and Dr. Liautard. Mr. Walton:—That was left for him to do, was it not? A. That was left for him to do for the Commission, he being secretary of the Commission. And he did so. We got replies from them—advice. Mr. Cornish:—Do you remember, after that statement which you made to the Agricultural Committee, February 2d, of having another conversation with Dr. Bailey and Mr. Bell, in another room near by, in relation to tuberculosis and what you knew about it in the State? Mr. Southard :—I believe this is tuberculosis at the State College farm we are investigating. Still, it is not our pur- pose to object to anything proper they are of a mind to ask. We want to make a full breast of everything that ought to be known. Mr, Walton :—Please repeat your question, brother Cor- nish. Mr. Cornish :—I don’t remember the exact phrasing of it. The stenographer can repeat it. (Question read by the stenographer. ) Mr. Walton :—It is pretty remote. Mr. Cornish :—Well, I do not insist on it. Mr. Cornish :—Mr. Gilbert, you are secretary of the Board of Agriculture ? A. Yes,.sir. Q. And as such, of course, an ex-officio trustee of the College? A... Yes, sir: Q. And ex-officio a member of the Board of Cattle Com- missioners ? . A. Yes, sir. Q. When were you put on the farm committee of the State College ? 103 A. Sometime during my first term— Mr. Southard :—I believe this is irrelevant under the rul- ing of the chair. Mr. Walton:—Well, you might go on, Mr. Cornish. Mr. Cornish :—Thank you. A. Soon after I was elected secretary of the Board of Agriculture. Q. In what year? A. I was elected secretary of the Board of Agriculture on the 7th day of April, 1880. Mr. Libby:—Do you think all of those cattle were sick that you killed there? A. No; Ido not. I never have thought so. Q. What proportion of them do you think were sick with the consumption ? A. Well, there was from half to three-fourths-—say three- fourths of them. I would not state very definitely, because I did not count up—say three-fourths. . Did you see the most of them killed ? . IT saw what was killed the first day. . How many? . Twenty-two, I think. . You saw them opened? . All of those I examined. . Could you detect disease in nearly all of those you saw killed? A. Any one who had ever seen the internal organs of any animal could detect disease in any one of those. We took the worst first. Q. You did not see the well ones killed? A. No, I did not. Mr. Rich :—Were there any well ones killed ? Mr. Walton :—Ask him his opinion of their condition. Mr. Southard:—Do you mean, Mr. Gilbert, that there were well animals at the time of the killing? OPOPOPO 104 A. At the time of the killing there were—veterinarians can pronounce on that better than I can, although I will make the statement if you wish me to. Mr. Libby :—We ask your opinion as a farmer. A. All right. The veterinarians pronounced indications of disease, as I understood the case—in fact nearly all of the animals had been examined before I left, that is, the principal part of the herd. There were four, as I remember it, good animals, that did not have indications of disease, that they did not find indications of disease in. Mr. Cornish :—That was on the 22d day of April? A. Yes, sir. Q. And when was it you say only a half to three-fourths of them were diseased ; how long prior to that time? A. At that examination. I gave my opinion, not as an ex- pert, but asa farmer. There were one-half to three-quarters of them diseased. Q. But it proved, on examination, that all but four of them were diseased ? A. That is what they stated. Mr. Libby :—Did you notice all these cattle coughed when you were there? . No, I did not. . Were you around the barn considerable, so as to hear? . I was; I watched that herd pretty closely. . You do not have an idea that half of them had a cough? . Yes, I think I heard more than one-half of them cough ; but there was quite a considerable number of them I had not heard cough. Mr. Cornish:—Do you doubt that all but four were afflicted with disease ? A. Mr. Counsel, shall I state what I doubt ? Mr. Southard :—I don’t think you are called upon to state what you doubt. Mr. Cornish :—Now, Mr. Chairman, I submit that I have seen a great many witnesses m court; but I never saw one that had to be protected so much as this one. rFOPrPOF 105 Mr. Walton :—I have just been talking to my friends on the committee about the danger of setting this thing going again. Mr. Southard :—Better stop the pendulum. Mr. Cornish :—I simply want to know this: He gets up here and says, as a farmer, he thinks three-fourths of those cattle that were killed were diseased. I ask him whether he doubts that all but four of those animals were diseased, more or less? Mr. Gilbert :—I doubt about their being seriously diseased. Q. Do you doubt they were more or less diseased ? A. There was not in those animals any other external ap- pearances of disease than I spoke of. Q. Now will you answer my question? Do you doubt that all but four of those animals were more or less diseased, when killed ? A. I don’t think I can answer that question. Mr. Cornish :—That is all I want to know. TESTIMONY OF SAMUEL BELL. I reside in Deering. Have no business at present. Have been in the retail shoe business some 39 years. I have carried ona farm some 25 years and had a stock of cattle during that time. Ihave partially served on the Cattle Commission of the State of Maine. I mean by that that I have not served fully with the other Commissioners ; only served a part of the time. I was appointed one of the Commissioners by the Gov- ernor. I didnot serve all the time because I was not notified to, was not informed that my labors were needed on the Com- mission. J commenced to act in 1884, soon after the break- ing out of the foot and mouth disease. My commission has not yet expired. The only information I have in relation to the herd of cattle at Orono that was slaughtered is what I saw in the public prints, until the slaughter. I was not at all notified to act and did not go to the College nor see the cattle. About the 18th of last October I received a notice 106 from Mr. Gilbert that the Commission was to have a meeting on Oct. 20th, in the evening, at Portland. I have it here and it is as follows : STATE OF MAINE. Board of Agriculture, North Greene, October 15th, 1886. Mr. Bell:—You are requested to meet the Board of Cattle Commission- ers at City Hotel, Portland, Wednesday evening, October 20th, at seven o’clock. Yours, (Signed) Z. A. Gilbert, ‘Pres‘t. I went there at the time appointed and found Messrs. Gilbert and Ferguson there, the commission of the latter having run out at that time. After being there a few minutes Mr. Gilbert said to me and Mr. Ferguson that he would like to have us go up into his room a few minutes. We went up, and when we were fairly seated in the room he said he wanted to pre- pare our minds for what was coming before us. It was the first intimation that I had but that the meeting was to be there. It seemed by his remark that it was not, but wis to be somewhere else. He commenced by saying, in substance, that we were to meet at Dr. Bailey’s and he wanted to pre- pare our minds before we went there for what we should probably hear when we got there, from Dr. Bailey, with reference to the bulls that had gone out from the College farm. He said Dr. Bailey was somewhat crazy on the sub- ject, to have those bulls slaughtered ; and he commenced by saying the bulls were well so far as he knew; that there was no reason why they should be slaughtered; there was no evidence that the dams were diseased when the calves were dropped, and, in fact, if they were, we had nothing to do with that ; that there was no law that would give us authority to have anything to do with them, and he thought the best way was to let them alone. He talked until he expressed his mind fully bearing upon this point. Perhaps we were there half an hour. We then went to Dr. Bailey’s house. Of 107 course I had heard nothing before adout the matter. It was news tome. Aftera few preliminary remarks at Dr. Bailey’s, with reference to our meeting, the matter at once came up. Dr. Bailey asked Mr. Gilbert what was going to be done with the bulls that had gone out from the College herd. Mr. Gilbert said, Nothing; he did not know anything that could be done with them; that there was no evidence that the bulls were diseased. After talking a time in general terms with reference to them all, Dr. Bailey spoke of the Kent bull. He had been to see him. Mr. Gilbert told him that he had since understood that the Kent bull was sound and had been sound, and he didn’t see as we had anything to do with him at all. Dr. Bailey made some further statements with reference to hearing from either Mr. Kent or Mr. McAlister, one of the selectmen of Bucksport—I think it was Mr. Kent—and atter considerable talk between the two, it was finally brought down to the point, by Dr. Bailey, as to what was going to be done eventually with reference to the report, as the time was draw- ing near when the report was tobe made. Dr. Bailey said: “If you will take the ground you do, why, I cannot agree with you, for I certainly never could sign a report without advis- ing that those bulls should be examined, and if found dis- eased they should be put out of the way.” Mr. Gilbert said there was no occasion for that at all that he could see; that we had nothing to do with them; that the State did not call upon us to tell them what we had not done, but simply what we had done, and he saw no reason why we should refer to them at all. Dr. Bailey told him his conscience never would be clear to make a report without making reference to them. He thought it was absolutely necessary. He thought the disease could be scattered all through the country if they were allowed to be used for stock purposes while they came from such diseased parents as many of them did. He finally made a proposition to Mr. Gilbert. He said: “I will make a report and make these recommendations, which we can all sign, perhaps, or you may have my minutes and make a re- port to suit yourselves, and if Mr. Bell or Mr. Ferguson are 108 disposed to sign it, all right.” So the matter, so far as the bulls were concerned, closed. There was a great deal more said there than I have repeated, but it amounts to this, as I understand it. It closed up with the proposition of Dr. Bailey, which Mr. Gilbert neither accepted nor rejected, as I know of—that is, he did not propose to make any such re- port as Dr. Bailey desired, and he did not say he would make such a report as Dr. Bailey recommended him to make by taking his minutes. I have had since that time at least two or three talks with Mr. Gilbert, and perhaps three or four. I went with him to South Waterboro,’ I think the next day after the meeting, to settle some matters there connected with a herd, and one or two of them were destroyed afterwards. I was not present at the de- struction though, didn’t know anything about it. I hada notice from Mr. Gilbert to go up there, but got it too late. But I did go up to settle the business with him, and at that time, in going and coming, we talked more or less with refer- ence to these bulls that were out and other matters pertain- ing to disagreements between him and Dr. Bailey, and each and every time I talked with him he took one and the same ground—that he was totally opposed to anything being done with reference to the bulls that were out, unless it was under different circumstances than had thus far come before us. I signed the report made by Dr. Bailey. There is, perhaps, one point that I have omitted with reference to that meeting. When I started from the hotel with Mr. Gilbert and Mr. Ferguson I thought that Mr. Gilbert was probably right in his view of the matter; yet I questioned the propriety, for the paltry sum that the bulls were worth, whether or not it would be prudent to leave them scattered round through the country as they were. But I did not decide one way or the other at the hotel. After we got to Dr. Bailey’s ana I heard the evidence that he produced from his professional stand- point, that the bulls were diseased, I made up my mind then and there that it was not safe to let them remain as they were. After the conversation between Mr. Gilbert and Dr. Bailey, 109 and the argument between them was wound up by each say- ing all they wanted to in the matter, they referred the case to Mr. Ferguson and myself, to know what our opinions were. I decided with Dr. Bailey that I thought it was right that the bulls should be slaughtered and put out of the way, because it seemed-to me from the evidence of Dr. Bailey, given from his professional standpoint, that they must be diseased, from the parentage from which they came. I never saw these cattle that were at the College farm and had no personal knowledge of them whatever. Ido not know that I ever saw any cattle sick with this disease. When I signed this report of Dr. Bailey’s I signed it measurably on his knowledge,, but I cannot say wholly so, because I have read the disease up and have talked with some other veterinarians, but not to any great extent. Some little time after going to South Waterboro’ with Mr. Gilbert I received a letter from Mr. Gilbert inclosing a letter that was sent to him by Dr. Bailey, and from him sent to me for me to read in connection with some remarks in his letter to me. In that he referred to the bulls, with reference to Dr. Bailey’s feelings to him; and there were some remarks in the letter with reference to what his views were. The letter is here. (The letter was read by the chairman and is as follows) : North Greene, Oct. 25, 1886. Bro. Bell:—I inclose letter within from Dr. B. which, after reading his ‘*proposition,” you will please return to me. I have to request that you see the Dr. and talk the matter over with him as youthink. You need not let him know I have written you, or that you have seen his letter. You may say to him I go to Washington county Wednesday, to return on Saturday. I think there has been about fooling enough over the Bucksport matter and I want it dried up. I never can consent to have anything to do with the matter further than as advisory to Mr. Kent. Yours truly, (Signed) Gilbert. Mr. Bell:—After receiving that letter I went to see Dr. Bailey, and the first question he asked me was whether I had heard from Mr. Gilbert, saying that he had written hima letter and had received no answer. I explained it to him by 110 saying he had gone away. He said, “Have you received a letter from him?” I evaded the question at the time, for I did not feel as though I ought to inform him, but was finally obliged to do so or tell an absolute lie, and I told him I had received a letter from Mr. Gilbert, and told him what the letter contained. Iimmediately wrote to Mr. Gilbert saying I had seen Dr. Bailey and Dr. Bailey had cornered me so I had to explain that I had heard from him (Mr. Gilbert). Some little time after that I received a letter from Mr. Gilbert saying that he wanted me to assist in making up the report, and in substance that the Legislature was anxious to have a repert from the Commission, and he had written Dr. Bailey and wanted me to meet him at Woodford’s Corner and go into the city with him, and then, with Dr. Bailey, to go to Augusta and make out the report of the doings of the Commission. I met Mr. Gilbert at the depot at the appointed time, and he got off the train. I said: “You are not going into the city ?” He said No, as it was no use; he had heard from Dr. Bailey and he did not propose to make any report with him, refused to make any report. We went into the depot and had some little talk before the train arrived, and then he got on and came back. In the conversation he asked me if I would go down to Augusta with him. I told him that I did not feel willing to sign such a report as he proposed to make; that I believed Dr. Bailey’s suggestion was a proper one, and I could not conscientiously sign a report without referring to these bulls that had gone out from the College herd ; I thought they ought to be put out of the way and it seemed to be the duty of the Commissioners to at least recommend it. He said we had nothing to do with it; that it was none of our busi- ness; that no evidence of their being diseased was before us, and he used the same language or similar language to that which he used at our meeting with Dr. Bailey. I said: “Well, there is one thing about it, I never have signed any report that has been made. You have never requested me to do it, and I do not feel as if I could go this one if I would.” He told me he did not know what he should do, as nobody but 111 himself felt soabout it. As he and I were the only other ones on the Commission he thought it was my duty to go with him and sign the report. I told him I could not do it conscien- tiously. He said: “There is one thing about it: if you do not do it I think the Commission will be broken up, and my opinion is that they will put the State Board of Health on the Commission.” I said, “Very well, I shall accept the situa- tion whatever it may be. I don’t propose to do it.” He urged me very strongly, and finally he said he wanted me to come down Thursday morning and sign it if I would. If not he would go down and make the report. I told himif I changed my mind I would come, and unless I did, I gave him to understand that I should not. In conversation with him then, in speaking of Dr. Bailey and the bulls that had gone out from the College herd, I said: “You know what was done with the Kent bull, I suppose? You know Dr. Bailey paid twenty dollars out of his own pocket and had that bull killed. I understand, besides, that the lungs of the bull were sent to him and that he found unmistakable evidences of disease, and he was not satisfied with that, or in other words wanted more evidence, and he sent a part of the lungs to New York and has since had testimony from veterinarians there that examined the lung that there were unmistakable traces of tuberculosis in the bull.” I don’t remember whether Mr. Gilbert said he was aware of the fact or not, but I told him as I under- stood it from Dr. Bailey. When I told him of the Kent bull J remember that he remarked something like this, that if Dr. Bailey had minded his own business there would have been no trouble with the Kent bull. He felt, as I understand him to say, that Dr. Bailey bad busied himself and had really made trouble unnecessarily ; that if he had kept quiet there would have been no trouble about it. I have here the letter which I received dated Jan. 13th. (The letter was read by the chairman, and is as follows :) Skowhegan, Jan. 13, 1887. Br. Bell :—Meet me at station on down Lewiston train on Monday next, and go into Portland station with me. The Legislature is in a stew over 112 the fact that we have not madeareport. It must bedoneat once. Ihave written the doctor to this effect, and have asked him to be at the station and go to Augusta and fix it up. Write by Saturday mail that I may know what to depend upon. Yours, (Signed) Gilbert. Mr. Bell :—I met him at the station the following Monday, the 17th, and had the conversation with him which I have stated. JI also received from him letter dated Feb. 8th, ’87. (This letter was read in evidence, and is as follows :) STATE OF MAINE. Board of Agriculture, i North Greene, Feb. 8, 1887. 5 Br. Bell:—I was surprised to find you mixed up with the mischief con- nected with that cattle disease matter. I don’t know how to account for it on the estimate I have held of you, and after what you had said to me. I am sadly shocked over it. I hope to see you at the Farmers’ Institute at City Hall next Tuesday. I am now at liberty to reveal a secret bearing on yourself. Hoping to meet you, I am, Yours, (Signed) Z. A. Gilbert. Mr. Bell :-—After this letter was written I met Mr. Gilbert at Dr. Bailey’s house, where I went to see Dr. Bailey, and Mr. Gilbert was there. Mr. Gilbert came out and got into my sleigh and we went on a short ride, and whether he revealed the secret to me I do not know; but I accepted what he said as an explanation of what he wrote, that is, the secret. He did not say and I did not ask him if that was what his letter meant. What he told me amounted to this, that so far’ as my being ignored by the Cattle Commission, he was not to blame; that it was Dr. Bailey more than himself. Whether he meant to give me to understand that that was the secret referred to in his letter or not, I cannot say. But he tried to relieve himself from any blame in the matter of my not be- ing countenanced or recognized as one of the Commission, which I had not been fully ; had not been consulted as other Commissioners had been. And I felt it somewhat, of course ; 1138 but then, not enough to lay up any hardness at all.. We never had but one meeting of the board while I was on it. I have no other letters from Mr. Gilbert except the one for me to go to South Waterboro’, which is not of import- ance. Whenever I was called to serve on the Commission I was called by Mr. Gilbert. There was one case, a glan- dered horse, where I was called upon by Dr. Bailey, I think. It was a case in the city. I do not remember that I ever received any letter from Dr. Bailey. I was on the Commission with Dr. Bailey three years the thirty-first of this month. I think Dr. Bailey did ignore me. Ido not dispute that Mr. Gilbert told me the truth. I signed this minority report. I read the report and also heard Dr. Bailey read it. I believed all the things stated in it and that is why I signed it. I understand that report to give a full account with reference to the disease at the College. It traces the disease from mother to offspring, &c., of the cattle in the herd. Perhaps there is nothing in the report which shows that these bulls that had gone out from that herd are diseased. I think the Kent bull was diseased because I heard the letter read from Dr. Michener with reference to the condition of the lung, and I had the testimony of Dr. Bailey in regard to it, and I believed it. I did not see the lung of the Kent bull. I do not say that Mr. Gilbert stated at the City Hotel that if the bull was diseased they would have nothing to do with him. I said that he said that we bad nothing to do with it. He gave two reasons why, and one was that we had no law and the other that there was no evidence that the bull was diseased. He said Dr. Bailey had been and examined the bull and pro- nounced him well. I think that at the time Dr. Bailey ex- amined him he had no evidence but that he was well. I thought the bull was not well for the reason I have given— from what I have learned from veterinarians in reference to the disease I thought it could not be possible it could be sound, being dropped by a dam so full of disease as Princess Alba ; so it could not be that the calf was free from the disease. 8 114 I did not know whether Princess Alba was sick or well when she dropped this calf. I did not know anything about the thir- teen bulls sent out from there, except what I learned from Mr. Gilbert. I never learned they were sick and have not up to this time. I believe they are sick. I did not contend with Mr. Gilbert at the meeting at the City Hotel or afterwards but that he was right as to the law in regard to the Kent bull; I did not contend but that he was right. I did not make any contention about the law at all. Mr. Gilbert said we had no law; Bailey said he thought we had. If the bull was well I should have no doubt that the Commissioners had no right to interfere with him; but I do not think he was weil. I was not satisfied about his being well. I did not know where any of these bulls were except the Kent bull, and never had re- ceived any information. Mr. Gilbert never said anything about where they were or anything about it. I remember perfectly in the conversation that evening that Dr. Bailey in- directly asked where the bulls were, or in other words he said: “If you will tell me where those bulls are I can prove to you or show to you that some at least of those bulls will give evidence of disease.” That was the idea that he pre- sented. Mr. Gilbert replied that he had nothing to do with that; he did not, at any rate, tell him where they were. He did not tell Bailey that he had information as to where the bulls were at that time. He did not answer the question as to where the bulls were. He did not pretend that he knew, directly. I received no notice from Mr. Gilbert as to the cattle disease at Orono; never heard anything about it ex- cept what I saw in the papers. Dr. Bailey who lived near me said nothing to me about it. He was secretary of the Commission. I understood that Gilbert wrote to Bailey to go to Orono. TESTIMONY OF GEORGE H. BAILEY. By Mr. Walton: Q. I believe you made a report in full of what you found there in regard to the disease of those cattle didn’t you? 115 A. Yes, sir; too full, some of them think, I believe. I endeavored to make a full and fair report of that trouble at Orono. By Mr. Allen: Q. I wish you would state to the committee what occurred when you went into the stable at Orono in examining those cattle before you went out into the field to examine the dead creature ? A. I went out into the barn and met Prof. Balentine, Prof. Fernald, Prof. Jordan and, I think, Mr. Gowell, and some of the men were there looking over the cattle. I looked them over casually. Ido not think I ever saw a finer lot of cattle than they were. They deceived me very much, I am willing to admit now, right on the start, as to their true con- dition. They looked well and appeared well, and looked full and sleek, and in good order and flesh, and I listened some time before I heard a single cough fromananimal. Finally I asked Mr. Gowell if the cattle did cough; and he told me that first and last he had heard all of them cough but one. I kept listening, and one after another coughed. I took the temperature of several, quite a number of them. Q. How did you do that? A. By a thermometer in the rectum, and I found the tem- perature almost universally in those that I tried about 103. That of itself is a suspicious symptom of pleuro-pneumonia, or tuberculosis either. I examined the first cow as we entered by auscultation and percussion. That was the Princess Alba. She had a flatulent abdomen and her elbows stood out and she had some little labored respiration. I examined her on one side and found no alarming symptom, and said to Prof. Fernald, “You will have to show me something besides this to make me condemn her,” and I think I had said before that, “I think you are more scared than hurt here.” I went round the other side of Princess Alba and percussed her and found marked dullness over the whole lung. I think I had then been in the barn ten minutes. I turned round to Gilbert and said, “Gilbert, you have got tuberculosis in this herd. 116 You can depend upon that. There is no pleuro-pneumonia here.” This wasa long time before I went out into the field. I knew those cattle had tuberculosis before I went out of the barn. These gentlemen must not think I was such a fool as not to know that. I asked for the privilege of going out in the field because I wanted to verify my diagnosis. So after a while I did go out in the field to see that animal, and that proved the correctness of my diagnosis. I afterwards gave more of them careful examination and looked over the herd very carefully, and I came to a very solid conclusion. That is the first visit 1am speaking of. It was on March 6th. Not only from seeing the cattle in the barn, but trom that lung in the field I knew they had the disease. I had no doubt about it and told Gilbert so. They had a temperature of 103 and over. I took the temperature of lots of them. My first im- pression was that a part of them would have to be killed and a part of them could be saved. Part of them looked so well that I thought it was not possible for them all to develop the disease. That was my first visit. I think that at that visit I recommended taking out about ten or a dozen of the animals and putting them in the horse stable, those that I knew were diseased, and they were moved into the horse stable by them- selves. They were the worst cases there. A good many of the others I never examined until the morning of the slaughter. By Mr. Libby: Q. Do you think they were all sick? A. They all proved to be, yes, sir, afterwards. Q. When you killed these cattle do you think one of us farmers could have discovered they were sick, by their lungs? A. Yes; if a farmer had seen the lungs and did not Know they were sick he had no business to be a farmer any longer. There were unmistakable lesions in about every lung. By Mr. Rich: Q. Did you see them all? A. I saw them all except a very few of that herd. There were two or three that were not opened. Mr. Gowell had 117 some hesitancy. One or two cows were favorites of his and he did not like to have them cut, and we didn’t open them. Several were not opened, because they were very thoroughly diseased, und they were condemned on general principles that they were not fit to live. Q. In regard to these cattle: if you did not hear them cough, would there be any way of knowing they were sick ? A. That would depend upon circumstances. Some of them there you could tell. Most anybody who had ever seen the disease could have identified it in those put in the horse stable. By Mr. Libby : Q. You state that you knew positively ? A. Yes, sir, I did. If I hadn’t I should not be fit to be on a cattle commission long, because there were some very marked cases. Q. What would be the symptoms of the disease in a fat, smooth animal? how would you tell the disease ? A. The same as ina lean one; elevation of temperature, auscultation and percussion of the lungs, which is all treated of inmy report. General external symptoms, rough, staring coat, standing out of the elbows, and rapid respiration if you move them. Q. You are speaking of the last symptoms of the disease now? Mr. Walton:—He asks you in the case of a sleek-looking animal. Witness :—You could tell by auscultation and percussion of the lungs. By Mr. Adams: Q. Do you or not believe you would be able to discover tuberculosis quite early after the lungs became affected ? A. O, yes, most any time after the lungs became affected we ought to be able to diagnose it. By auscultation and per- cussion we can locate the diseased portion of the lung. QQ. If you gave the diseased creature a little exercise, what would be the result ? 118 A. It would be increased respiration. Q. Noticeable ? A. Yes, sir. They would have only a portion of sound lung tissue to breath through, and the breathing would be more rapid. By Mr. Rich: Q. You do not find the flesh to go off until after suppura- tion ? A. No, sir. Emaciation is in the later stages as a rule; emaciation, debility, diarrhcea, set in and follow each other rapidly. By Mr. Adams: Q. Is it a fact that sometimes animals in early stages of this disease will take on fat more rapidly than when well? A. Yes, sir, that is the rule in a great many cases. Q. From all you have read in regard to the contagion of this disease, from all you know of it in other cases, what do you say with regard to the contagion as demonstrated by the facts of the disease at Orono? A. In all well advanced stages of it I have no doubt about the contagion. There are stages of it in which I should doubt its contagion. (). Have you or not reason to suppose that the disease made more rapid progress there in the cattle than you have ever known through your knowledge or from writers—than it usually does ? A. Yes, sir, I think this is the most virulent attack I have ever known or read about; I do not think we have a case on record where it approached such rapid conclusions as:it did there. That disease had existed in that herd for a long time. They had enough there through the terms of the various superintendents to leaven the whole lump. They had had animals there with that disease coming down all the way through, and the animals that Gowell bought and carried there were brought in contact with those diseased animals. They were well when.they were carried there, and I have no doubt about the soundness of the herds from which those 119 animals were bought. When he brought in new ones there was always enough of the old stock left to infect those brought in. Q. Have you or not an idea of the first creature diseased there ? A. As far as we are able to trace it, it is given in my re- port as the cow sold to Mr. Boardman by Mr. Farrington in "76, ten years ago. That is the first animal to which we have been able to trace the disease. Mr. Gowell has assisted me in that. QQ. Have you been able to trace that cow back to a con- taminated parentage or herd? A. I have not. Q. State to the committee your professional opinion as to transmitting this disease to the human family through the milk by disease of the cow. A. There is no doubt of it on earth, in my opinion, in many cases; there are certain stages of it where I think it would be developed. Mr. Libby :—What would be those stages? A. I think where you had nothing but miliary deposits it would be very doubtful about transmitting it by way of the milk. But I think where the mammary glands are affected, or tubercles broken down, you may get contamination through the milk. By Mr. Adams: Q. What is this disease, and what is there about it different from any other disease ? A. No difference between this disease and consumption in the humaa family. (). I mean peculiar to the disease in cattle. What is the difference between a diseased spot in this and in the disease of pleuro-pneumonia? I mean right in the tissue itself? A. In pleuro-pneumonia the lung is congested and solidi- fied, and we get a marbleized appearance. In tuberculosis we have different portions of the lung affected, and we may have a diseased lung and still have left perfectly sound 120 portions of it. Tubercles form and grow, being at first a miliary deposit, finally progressing until they break down into pus, which when freed is coughed up and given up in the air expired by the animal. In this is the bacilli or specific germ, which is a thread-like particle, or filament, in width about one- fifth of its length and in length a half or two-thirds the width of a red blood-corpuscle. Q. Do you understand that this disease can or cannot be propagated without one of these filaments ? A. I understand it cannot by contagion. Q. And that in all cases of tuberculosis this peculiarity is found ? A. Yes, sir; you have got to have that specific germ to propagate it. I think it is the same identical germ that is in human consumption. I think we get the same in the human lung. They both have the same results, and would inoculate a man from an animal or an animal froma man. The disease can be transmitted, decidedly. By Mr. Walton: (¥. Do you mean to say that the disease itself can be trans- mitted, or a tendency towards the disease ¢ A. Both. There is a pre-disposition in the very animals with which we are dealing in this case (in Jerseys) to con- sumption. Inbreeding has contributed a good deal to that pre-disposition in that class of cattle. That is, inbreeding weakens the animal. They have narrow chests and weak lungs, and are more susceptible to the disease. There is a great difference in the susceptibility of animals to the disease, one taking it readily and one resisting it with the same sur- roundings. Q. So your idea is that a calf may be dropped with the germs all developed in the lungs or any part of the calf? A. Yes, sir; time and time and time and again we have had cases to prove that. They become diseased in utero. The very fact of abortion shows that. The case of the Wil- lard Insane Asylum to which I have alluded in my report 121 shows that calves aborted from diseased cows were full of tubercles. By Mr. Adams: Q. Does, or not, the disease often seize the uterus first? A. Yes, the uterus, the fallopian tubes and the ovaries become affected. Ina good many cases the animals fail to breed, and many did at Orono. Q. If a cow was diseased in the womb with tubercles, and should have a calf, in what condition would you expect to find that calf? A. I should expect to find it in a diseased condition when dropped. By Mr. Walton: Q. When tubercles first commence to form, isn’t the dis- ease there in the blood of that animal ? A. Yes, sir, most certainly. Q. Then why wouldn’t the milk be unhealthy even so early as that? A. The milk in those cases would be more especially im- pregnated with it if the mammary glands were affected. We found cows at Orono whose milk was very bitter from the ‘disease. Q. Suppose a cow appeared healthy, but had the disease about her and the tubercles had begun to form. She would have the disease in her blood? A. Yes, sir, in the later stages. Q. Then could the milk be properly said to be healthy ? A. It would be almost impossible to tell just how much the cow would have to be affected. You would find the germ in the milk if it was affected. (J. If the blood was unhealthy through the disease lurking in the system, must not the milk be more or less affected ? A. I should expect it to be. By Mr. Adams: A. Are, or not, these bacilli found in the early stages of tu- iberculosis ? 122 A. Yes, sir, they are there all the time, but are not freed until the tubercles break down and liquefy. Q. Now, in the early stages of tuberculous deposit these bacilli are found, and they are the elements of transmitting the disease ; and would or not there be some danger of transmit- ting the disease at that time to a child through the milk? A. Yes, sir, by the milk. Q. The milk would contain them if the blood did, would it. not? A. Yes, sir, most probably. By Mr. Rich: Q. When you find bacilli, then, do you not consider the milk impure ? A. Most certainly. Q. Unsuitable to use, and it would be poison to a child ? A. It would affect a child, because their powers of absorp- tion are much more active than in grown people. In a mam what might simply disturb the digestive organs would prove fataltoachild. There is not a doubt that it is contagious by in- gestion, as is proved by the disease in the hogs from the offal of slaughtered cows killed on account of the disease. There have been a number of experiments of feeding milk to pigs which have demonstrated and proved the position I take. Veterinary surgeons have experimented very extensively on rabbits, guinea-pigs, foxes and other animals, and are able to propagate the disease in them by it. By Mr. Libby: Q. None of the meat would be poisonous if cooked ? A. That would kill every germ in it and make it harmless. Heated to 212 will do that. Q. Do you have an idea that the lungs of this Kent bull or any part of them would show any disease that a farmer or any man could detect? A. I should not think they would. Externally they did not show any tome. They were sent to me by express, and until I made the section I failed to discover anything wrong in them. They looked fair. , | 123 Q. Now don’t you think that under ordinary circumstances, if that bull had been kept in airy quarters and in a healthy herd, he might have lived ten years ? A. He might have lived ten years I will admit. They sometimes live to a good old age with tubercles in their lungs. It is a chronic disease, but still is very progressive in a good many cases. In some cases it might terminate fatally in three months, what would be galloping consumption ina man. That Kent bull was out of Princess Alba, and she was one of the very worst cases at Orono. We killed her in March, and she dropped the bull Kent had the previous June. And with the great amount of deposit she had in her lungs when we killed her—Gilbert said I was crazy to kill her—I do not think any sane man would advise even unofficially the use of that bull. His lungs percussed clear, but he had a staring coat that I didn’t like the looks of; it stood out pretty well on him. WhenTI saw him in July I do not think anybody would have discovered any apparent disease about him; but when I found he was out of Princess Alba I did not think it was possible that he was fit to serve. That Kent bull was in bad condition enough, beyond any doubt on earth, to have transmitted it to his offspring, at the time he was killed, but I do not think an expert could have made out enough disease in that bull at the time I first saw him to condemn him. If I had examined that bull and found no trouble except in the lung, I should still say that he could have trans- mitted the disease to his offspring. He had enough in the lung to transmit it. A bull can do a great deal more mischief ina year than a cow. By Mr. Allen: QQ. Would you advise the killing of those other bulls that went out from the College farm if they could be found? A. I would advise just as I always have. I would have them all inspected and killed if necessary. I would kill every one that showed the disease. I would not use one of them or advise any one else to do so under any circumstances, because I know they were all out of thoroughly diseased 124 dams and I do not think it is right and proper to use them for stock purposes. By Mr. Adams: Q. Suppose you should kill a number of those bulls, find- ing half of them diseased that you did kill, what would you recommend about killing the others of them? A. I would recommend feeding them off for beef. If they are well enough for that, that is what ought to be done with them. Ihave seen none of them except the Kent bull. If there was disease in an animal it could positively be discov- ered by an autopsy. If an animal were slaughtered and showed no signs of disease to an experienced eye I should say it would be perfectly safe to eat it; if there was the disease germ lurking in the animal’s whole anatomy it would be de- stroyed by cooking. If such an animal showed no signs of disease to an experienced eye I should say he was wholesome and safe; no doubt about it. Mr. Libby :—A good many of those animals in the College herd should have been eaten ? A. Yes, sir, I think so. I know Gov. Robie said if they would send some of it to him he would agree to eat it. That is what he told me. By Mr. Walton: Q. If that disease is in the blood, is the milk safe at any time ? A. I do not regard it so. Q. And the disease must be in the blood if it begins to show by a deposit, even if it is simply a bardened material of the lung? A. Yes, sir. (. In other words, if it was not in the blood you would not find any deposit at any stage? A. It must be in the blood to find a deposit. Q. Then, granting that it is in the blood, can the milk which comes from the blood be healthy and proper food for a child, in your judgment? 125 A. The milk that was nourished by that impure blood would be impure milk, most certainly, and while it might not poison a man, I think it would disturb his digestion. He might have to drink considerable of it to be affected by it, but he could drink enough to be. I think if the lymphatics are affected, even if the tubercles are not broken down, that the milk would be unfit to use. By Mr. Cornish: (. Tell the committee in your own way what took place between the Commissioners in regard to the Kent bull? A. I was notified July 27th by an official notice from Mr. McAlister as chairman of the selectmen of Bucksport to come to Bucksport and see a bull bought from the College herd. I went and saw the Kent herd, and as I say to you, and stated to Gilbert on my return, the bull appeared well, and I put Kent off by saying I would go and consult Gilbert and see what could be done. I did not know what cow that bull was out of, and I immediately communicated with Gowell and found he was out of one of the worst cases there. I wrote to Gilbert and he thought the business didn’t deserve a call from me; he knew all about it before and said we had no proof that the animal was from diseased par- entage. I sent Gowell’s letter to Gilbert, that the calf was from one of the worst cases, supposing he might modify his view. He did not, however, and said a decision from me that the bull was diseased would bind the College to refund, and if Kent didn’t want to use him he could sell him. I was taken sick in August and had a severe attack of sickness, confined to the house some six weeks, and in the meantime nothing was done about it. Finally I saw Gilbert, and Kent had written to me about it. Gilbert said he would speak to the Governor and Council about it and see what could be done. Nothing was done about it. Finally Kent sent me a letter, which I have here, with a request from Mr. McAlister that I would present that communication to the Governor and Council, which was on Oct. 9th. 126 (Witness read letter from McAlister dated Oct. 9th; also letter dated Oct 8th; as follows :) Bucksport, October 9, 1886. Dear Sir:—I enclose Mr. Kent’s letter to you. I trust the matter will be disposed of at the next session of Governor and Council, that Mr. Kent may know what to do. Respectfully yours, G. W. McAlister. Bucksport, October 8, 1886. Dr. Bailey: Dear Sir—I have been informed that the Governor and Council meet the 14th of this month, and as nothing has been done in regard to that animal I bought of Mr. Gowell of the diseased herd of the State farm, I thought IT would write you how I feel about the matter. I cannot believe those gentlemen can be so unjust as to try and make me lose that animal or so unwise as to have him kept in this. or any other, county in the State. I shall be a great loser at the best. I shall lose one year’s service of my own cows and their calves besides what I might have had from the public, for I dare not use him. Iam a poor man, my farm is under one thousand dollars mortgage, and I have worked hard for twenty years grading up and buying such animals as I thought come within my reach, until I have a herd of Jerseys I feel proud of, and am not ashamed for any man to see, even Goy. Robie and his Council, and to have them all swept away in two or three years by using that bull is more than I could bear; it would ruin me, for [ am too old a man to begin again where I did begin twenty years ago, and I have not the means to do any different. If I had had means I would have killed him long ago, but as it is, Il have kept him in strict quarantine ever since the disease broke out on the State farm. He has not been allowed to go with any cattle of any kind, I have hauled water for him halfa mile all through the drouth, fed him hay and grain all sum- mer, believing something just and honorable would be done by the State officers. I bought him in good faith, took the best of care of him, and to get an ‘animal that would bring certain ruin upon myself and herd, according to tthe report to Gov. Robie of the Doctors at the State Herd, is, I think, de- ecidedly unjust and cruel in the extreme for a poor man without some re- compense from some source. I do not know who may be liable, but it does look to me there is some one to back this whole thing and some one to make it good. Brother Gilbert, Z. A., for such I will call him, for we both belong to the order of P. of H., advised me to keep him and use him; Mr. Gowell of the State farm did the same. Wonderif Mr. Gilbert would buy him for his own herd or for the College farm when they stock up again; if so, I will keep him forthem. I donot know what the gentleman can be think- ing about. It would be no worse to have another herd exterminated on the 127 arm than to have two or three towns in Hancock County have this conta- gious disease and cost the State the same amount of money. There is too much risk in using him in any community, private or publicly, and he must be got out of the way some way or other (unless the State officers take the responsibility upon themselves). I think it is a shame and imposition to advise the as6 of such an animal. We can scarcely take up a paper but we see something of this terrible scourge in some parts of our country, and thousands upon thousands of dollars is lost by its fatality, and shall we let it spread in our own beloved State when so small asum (for I only ask for fifty dollars) and a little cau- tion will put an end to the whole thing? I think I have had great patience, for I have waited something like six months to know what disposition would be made with my case by the Officers of the State, and itis but just and right for them to say what they will do or if they intend to try to throw the lossupon me. I want to know. when the Governor and Council meets, what they willdo, that I may know how to act on my part. The correspondence with the State officers has been done mostly by Mr. McAlister and Mr. Cunningham, our town officers; they have taken great interest in this matter that the disease should not spread in this commun- ity. I have great respect for your gentlemanly visit at our place and [ shall hold you in great esteem as a true and faithful officer of the State. Hoping that this matter will be justly and honorably disposed of im- mediately, I will remain, Very truly yours, S. H. Kent. Dr. Dailey :—I presented Mr. Kent’s letter to the Gover- nor and Council and asked them for their advice about the matter, but they could only act as advisory to us, and the matter was finally left to Mr. Hatch, as I understood it. Nothing was done about it until I received a letter from Mr. McAlister saying if the State would pay $25 he would have the bull killed. I made that proposition to Gilbert and he would have nothing to do with it, and said he had no com- promise to make. I told McAlister if he would take $20 1 would pay it myself for the privilege of seeing the lungs of the animal. He accepted my offer and sent the lungs to me by express. I sent a part of them to New York and kept a a part of them myself until I could make use of them. I made a section and found some miliary deposits, and found tubercles in the lung. I sent the upper lobe of the lung to 128 Dr. Michener. I have the letter stating what he found. I have more than one letter from him. I consulted him when my attention was first called to the bull and asked his opinion about it, and I received this letter in reply to it. (Witness reads letter). Dr. Bailey, D. V. S.: Dear Sir—Your letter of 14th is ree’d. I do not see how any one can. advise the keeping of said bull for service. It must be remembered that tuberculosis is held to be hereditary by all best authorities, both human and veterinary. If this be true, and I believe it to be so unquestionably, then this particular animal is certainly an un_ safe sire, or to put it differently, is a sire almost certain to propagate the disease. He should be killed. Mrs. M. is at present out of the city and my work for the Bureau of Agricultural Industry will, I fear, keep me from getting down to Maine this summer. With kindest regards to all, I am, Sincerely yours, (Signed) Ch. B. Michener. He also wrote me on Nov. 19th. (Witness reads letter of that date. ) My Dear Doctor :—Your letter ree’d. Ido not remember what L & L was made to refer to, but most likely ‘“‘lungs and lymphatic glands involved.” In some cases I used L. L. (without the &) to mean left lung. O. K_ means allright, but Ido not remember now of any grown animals that were entirely free. ‘Those two cases are probably an error, then. Iam glad you wrote me concerning this, as it gives me an opportunity to say that by chance I saw a portion of lung left by you at the Am. Vet. College, said to be from the ‘‘Kent bull” (Dr. Liautard told me), a calf of one of the cows of Orono herd. These lungs show unmistakable lesions of tuberculosis. Why don’t you hunt up all such bulls and have them de- stroyed? There can be but little doubt that they will all sooner or later develop this disease. They will serve to extend it in many herds when. their services are required. The Com’s and the State Veterinarian more than all will be, I think, directly responsible for every case of such exten- sion. In the eyes of all veterinarians you will deserve censure if you fail to follow up each animal. They may yet be usedas beef. Probably your hands are tied. I think this the case, for I know you well enough to judge that you are not one to avoid a duty, no matter how unpleasant. With regards to all, I am, Sincerely yours, (Signed) Ch. B. Michener. 129 Dr. Michener was present at the College and acted with me when the herd was slaughtered. There were alsotwo heifers out of Princess Alba that had been killed, Jersey Lily and Crummie, 28 and 29 of my post-mortem list. They were killed by Mr. Gowell previous to my knowing anything about the herd, in ’85 some time, one in March, I think,and one later. Those are the two stiff-neck heifers, a symptom which they connected with a high trough. Awry neck is a symptom of tuberculosis. The glands in the neck become affected and it makes them carry their necks awry. I heard Gowell testify as to the stiff-neck heifers. J think they were suffering from tuberculosis, and their being out of Princess Alba more than confirms me in that opinion. I first knew where these other bulls were when Mr. Gowell gave the list to the committee the other evening. I had not known anything about them before that time. I had talked with Mr. Gilbert about it at my house, and had endeavored to have him tell me where they were if he knew ; I do not know whether he knew or not. I never asked him directly whether he knew where they were. I told him if he would show me the bulls I would agree to show tubercles in some of them, and eat them if I did not. Q. State what took place at the meeting of the board Oct. 20th at your house. A. The three commissioners came to my house. I had been sick, and we had quite a discussion over the subject of what should be done with those bulls. And I was very urgent that they should be inspected and something done about them, and Gilbert was just as urgent that nothing should be done about them, for which he gave two reasons ; one was that we had no law that would enable us to have anything to do with them, and if we did we had no proof, only a suspicion that they were diseased. Those are the two positions he took. I told him I thought we had abundant proof after seeing the lungs of the dam he came from, and knowing that other animals from the same dam were thoroughly diseased, and I could not see it in any other light. We could not agree about it. 9 130 © The other two agreed with me, and there it hung. I told Gilbert in regard to the report that if we remained of the same opinion I did not see how we could sign any report, knowing that he would not sign any I could make, and I could not sign any he would make; and the matter was left there, and nothing was said about it for some time afterwards. I offered to give him access to all my correspondence and authorities and let him and Bell make any report they liked and I would have nothing to do with it, or make a report of our whole proceedings, if he would sign my recommendation for the destruction of those bulls. By Mr. Walton: Q. Are there any further letters that you have not pro- duced ? A. Ihave other letters. I havea letter from Gilbert under date of Jan. 29th. Ihave other letters from him, some re- ferring directly and some indirectly to the cases at Orono. I do not think all the letters I have bear directly upon the question. Mr. Walton [After looking at letters] :—-I guess you had better read them. (Witness thereupon read letter dated Jan. 29, 1887, as follows :) STATE OF MAINE. Board of Agriculture, North Greene, Jan. 29, 1887. §. Dr. Bailey :—Your letter found at College. Am glad to have confidence confirmed that there was no treachery between you and me. You need not fear any conspiracy against you at the College for they have always stood by you, and sworn by your authority at all times. The only trouble was that lying rascal between you and them. Isent your Report yesterday. It is exactly in conformity with the date you kindly sent me save that I left out some cases where there was no disease found. I saw McAlister Thursday evening and talked over the bull case. He says plumply that he agrees exactly with me as to the application of the law to that— (The remaining portion of this letter was not to be found among the papers. STENOGRAPHER. | 131 Q. Who was that “lying rascal” referred to in that letter, if you know? A. I know quite positively who it was. Q. Who did you understand it was? A. Hall C. Burleigh. We had just been writing in refer- ence to him, and he sent me that back. I had received a letter from Gilbert after the hearing before the committee (Witness reads letter dated Jan. 21st, as follows :) STATE OF MAINE. Board of Agriculture. \ North Greene, Jan. 21, 1887. Dr. Bailey: Dear Sir:—All who heard you the other day before the Committee understood at once that you was siding for Burleigh in a malicious attack upon me. It was a great surprise to me that you should do so, for our relations have been pleasant hitherto throughout our association together, and I am sorry to have these relations thus marred, not only as between us, but also to give it away to the public. Regretting it more than words can express, and still more regretting that it has gone where it cannot be recalled. My Report is in type. IT am Resp’y yours, (Signed) Z. A. Gilbert. —I immediately wrote to Mr. Gilbert that there was not a word of truth in my having any malicious intention toward him. I had seen him ut the meeting and I shook hands with him after the meeting, andina day or twoafter I got that letter. I did not know what it meant, and I wrote him stating it was understood differently between us, and that was all as far as I was concerned. (Witness read letters dated Jan. 25, Feb. 1, 87, and March 13, ’86, as follows :) STATE OF MAINE, Board of Agriculture, ; Augusta, Jan. 25, 1887. Dr. Bailey :—Your letter of last evening was duly received and it gave me much pleasure to be assured that there was no intent on your part to aid Mr. Burleigh with his malicious work against me. I now realize that I ought not to have countenanced the idea for a moment, but you will, I know, pardon me for being sensitive when my honesty is assailed and prob- 132 ably I was, and my friends shared it with me, over suspicious on one or two points. On the whole I think you helped me much more than you did Burleigh. In fact I do not think you substantially corroborated him in any particular. I have taken your data and have made up as accurate a report of our “doings” as 1 knew how to. Iadd nothing to it whatever, leaving it a naked statement of what we have done, and I sign it as President of the Commission. I would be glad indeed to submit it to you before present- ing to the legislature if there were an opportunity. If you are likely to come this way soon I will hold it for you to see on information to that effect. Please let me know. Allow me to set you aright on one matter. J never had a word of discord with Mr. Burleigh in my life, and the ‘‘quarrel’’ is wholly on one side. The decision of the Committee is unanimous in my favor and the case is dismissed without further hearing. Doctor, I now have a direct question to ask of you. I have been told to-day that two of the Commissioners were making up a report of our doings to be presented to the Legislature. I can’t for a moment believe you are doing this, and ask you frankly to inform meif you are not doing it. Mr. Burleigh made the above statement this afternoon. Now, Doctor, having received the assurance that your friend y feelings toward me still continue, I wish to assure you of mine in return; and trusting this confidence is fully reciprocated I am Resp’y yours, Gilbert. Augusta, Me., Feb. 1, 1887. Dear Doctor :—Enclosed find Dr. Gerrish’s letter which was overlooked when I wrote last. I go to Augusta to-morrow and shall go to Portland with this letter and will call at your house. Fearing I may not find you at home, I send the letter of Dr. Gerrish by mail. I want to see you much, for there are matters we ought to talk over, and must do so. There is lots of lying about you as well as me, and I know we have both worked faithfully, and events have proved we have worked efficiently in these matters. ‘ I want to see you about some of these matters in which we are jointly concerned. Yours, G. STATE OF MAINE. Board of Agriculture, North Greene, March 13, 1886. Dr. Bailey :—I staid up to Gowell’s to complete some work, among the rest to draw up enclosed papers which I wish you to sign and forward to Mr. Gowell. They will cover the forms of law in our action. I ought to be with you in case Dr. Salmon visits the cattle and I see no other way than that I must. 133 You will bear in mind that my mail from Portland leaves that point on the 1.20 P. M. train and reaches me at 64 in the evening. If yeu have occasion to telegraph to me send dispatch to Greene with orders to for- ward by special messenger. It is a railroad station but they do public business. Also send word to Mr. Ferguson, Monroe, and have him go up with us. Yours, Gilbert. I think those are all the letters | have from Gilbert that bear directly upon the case; they are all I have been able to finds’ | (Witness also reads letter dated Oct. 30th, 86, as follows :) STATE OF MAINE. Board of Agriculture, North Greene, Oct. 30, 1886. Dr. Bailey :—Returning this noon find your letter. Regret your decision very much for I believe you are doing wrong. You will oblige me by returning my last letter to you. Enclosed you will find the letters you refer to. If you go to Orono please report what you decide upon, for [ have some business depending upon your action. Yours, Gilbert. By Mr. Gilbert : Q. Please state what your decision was that that letter refers to? A. Yes, sir. The only copy [ have of any letter that I have ever written you is the letter of Nov. 13, and the decis- ion I made was that I had decided at that time to withdraw from the Commission and take no further action as commis- sioner. That letter I suppose—I am saying what I suppose now—refers to one I wrote you (Gilbert) Nov. 13th—no, it does not, because I wrote this afterwards. I do not know whether it refers to my settling the matter of the bull, or not. Mr. Gilbert :—It does? A. It does, yes, sir. Mr. Gilbert :—You reported to me that you had decided it. A. Yes, I decided to pay the $20. The fact was, when I came down to present the matter of the Kent bull to the Gov- 134 ernor and Council I found my commission had expired on Sept. 25th. Gov. Robie seemed anxious to reappoint me. I said he had better continue me for the balance of the year, and that would leave Governor Bodwell free to appoint whom he liked. He said he would send the commission to me. I waited but never received any, I do not know for what reason. On Nov. 15th, finding I was not going to get any, I wrote to Mr. Gilbert the letter dated Nov. 15th, which is as follows: PORTLAND, November 15, 1886.:- My Dear Sir:—Your letter of Oct. 30th was received during my ab- sence frem home, and since then I had learned you had gone east, so de- layed writing you until after I had inspected the College buildings, which I have now done, returning home on Saturday. I believe every detail of recommendations, from both Dr. Michener and myself, have been faith- fully and honestly complied with, and that the stables are in safe condi- tion as they can be made through the agency of disinfection to receive stock. In your letter of Oct. 30th you say ‘:you regret my decision very much, for you believe I am doing wrong.” As that is far from my inten- tion, I wish you would write me wherein I am doing wrong. Is it in settling the Bucksport case upon my own privateaccount (after con- sulting with Mr. Bell, in which he fully concurred with me that some set- tlement ought to be made), or in urging the settlement of all similar Col- lege cases upon the best terms possible? If the former I have in no way compromised the State or the commissioners, Mr. McAlister and myself each having agreed to pay the amount, to have the case disposed of; and if the latter, having your decision, both verbal and in writing (Oct. 20th), that it is none of our business to hunt up the cases, and that (Oct. 27th) ‘you know of no compromise ground you wish to take, and if you should yield tothe majority, you would still be unconvinced.”” Ihave decided to take no farther action as commissioner, and step aside, at a time when I can leave every case that has so far been called directly to the attention of our board fully disposed of. In taking this step, I certainly hope I do not misunder- stand you, Mr. Gilbert, upon any matters connected with the commission, for while, personally, I have none other than the kindest feelings towards you, professionally, there is no earthly prospect of my being able to agree with you, and I cannot consent to remain upon the Board, to be regarded as a ‘“‘disturber of the peace” or as interfering with the College cases, either complicating their present embarrassments or their future prosperity. Having no desire to appear in such a role, “I had rather be right and re- tire than be wrong and remain,” and shall always believe my duties to the State to have been conscientiously and faithfully performed, after entering my earnest and official protest against keeping for service any of the bulls that have been sold (within the last two years) from the College farm, whose dams we killed at Orono, and now known by us to have been thoroughly 135 diseased, as the hereditary tendency of such animals would render them almost certain to propagate the disease. Not relying upon the theory of heredity, that appears capable of propagation from parent to progeny (by which we do not mean that actual diseased condition is necessarily pro- pagated) but more oflen is a diseased condition under trifling influences to develop the disease or one like it. lam willing to abide by what has developed in the only case I have been allowed to see, what I advised before the animal was killed, as well as what has developed since the post mortem of the bull at Bucksport. and which Mr. Gowell now tells me in the one he expected would first show lesions of the disease, as his dam was one of the worst cases at Orono. I believed it to be as much the duty ot the Cattle Commissioners to prevent disease (when possible to do) as to stamp it out after it has made its appearance, and, in my opinion, it would be a God-send to the College, if all the outstanding cases could be settled upon as liberal terms as the one at Bucksport. I return the letter you ask for (that of Oct. 27th) and if there are any others you have written me you would like to have I will return them) while I am willing to abide by any opinions or statements I have made to you as the only vindication I shall ever need for any act of mine while Commissioner for Maine. G. HH. B. By Mr. Cornish: Q. First, Doctor, will you state to the committee the con- versation you had with Mr. Gowell when you went there the first time? If you have any memorandum book containing any of the minutes, just state them. A. Ihad some talk about the herd, and I took a little memorandum that morning in the barn on an old prescription blank. I showed it to Mr. Gowell last week. He said that was as he recollected it. There is not much to it. (The wit- ness at this point read the minutes referred to from his mem- orandum book and said that he had some questions which Prof. Fernald wanted him to ask Dr. Liautard). Q. Did you communicate those questions to him ? A. Yes, sir, I did. Q. Did you receive a reply from him? A. Idid. I looked for that letter. Mr. Gilbert asked me for it and I was unable to find it. Q. Do you recollect the purport of his answers ? A. Yes; I think I do generally ; he decided that the milk was dangerous to use in all those cases, and I showed his 136 letter to President Fernald. He saw the letter in answer, and I have failed to put my hand upon it. He decided in the affirmative in all those different stages. By Mr. Walton: (. While you are on those milk questions, as I have had some questions handed in in relation to using the milk after boiling it, Dr. Bailey, I will ask you to state if you think there is any danger from using the milk under such cireum- stances. A. If the milk is boiled, I think it would be rendered per- fectly harmless, if the degree reached 212, I think that would kill every disease germ that could possibly be contained in the milk; there is no doubt of that. That would render it perfectly safe to use; that is the general advice of veterinary surgeons,—if they use milk that is from diseased cows, to take the precaution to boil it. By Mr. Cornish: {).. Your views on this matter are carefully embodied in your report to the Legislature ? A. Yes, sir; I think they were called so. Q. Have you any reason to change your views on any point there submitted ? A. I don’t know of any change that I wish to make. Q. Your report does not contain any of the doings of the Commission other than ‘as relates to this tuberculosis at the State College. A. I can explain that very easily. I had only a few days before furnished Mr. Gilbert with the items of all my visits as Commissioner during the year 1885-86; he had copied it in his report. This report of mine was intended for the use of the United States Veterinary Association, that meets in Phil- adelphia this month—that Iintended to present to them as a clinical report of these cases, because they were so interesting. When I was asked by the House and Senate for the majority report—as they termed it—I took the report I had made with some few modifications that I wished to state and presented it 137 simply as a report of the College cases. Mr, Gilbert used the same thing over again—that I furnished him. (. The other business you gave him the minutes of? A. I did. He asked me to go down and make: the report. I told him the best I could do was to furnish all the data and he could do it himself, and I would do that cheerfully, and did do so. (. Have you anything else in mind you wish to state to the committee, touching this matter ? A. I think it would be no more than fair to Mr. Gilbert and myself. Something occurred in regard to ignoring Mr. Bell. Two years ago this month Mr, Gilbert and [I were in Governor Robie’s room, and they wanted to send me up in Washington County to examine a case of glanders in Topsfield, along route. I asked Gov. Robie if I should consult Mr. Bell when I got back. He said no. He says Mr. Bell was-ap- pointed for a temporary purpose at the time, for the foot-and~ mouth outbreak, and that purpose has been served. That was the statement he made to Mr. Gilbert and myself. Since that time I have looked at it as coming from my superior officer, and I obeyed it. I have seen him in connection with several things since. Mr. Bell was asked if he received any notice from me. Mr. Gilbert is always in the habit of notifying the committee, and it has been rather left for him to do that. He told me he was going to calla meeting on the 20th of November. He has always notified Mr. Ferguson. I never notified Mr. Fer- guson or Mr. Bell either. They have always come by ne particular arrangement, but he has always done it. Q. Have you any other letters touching this matter? Aus NO. Q. Who is Mr. Boardman ? A. He is treasurer of the Gas Company of Bangor ; and in looking up the first cases that developed upon the College farm I wrote Mr. Boardman and received his letter. 138 (Letter dated, “Bangor, Dec. 13th, 1886,” was read in evi- dence, together with inclosure dated Feb. 3d, 1877, as fol- lows) : Bangor, December 13th, 1886. Dr. Geo. H. Bailey, Portland, Me. Dear Sir :—You will please find enclosed copy of receipt of J. R. Far- rington, Esq., as follows: ‘Orono, October 3, 1886, State College Farm, Per J. R. Farrington. “Sold to Henry Boardman, One red Grade Jersey Cow Five years old for $40.00, Rec’d Payment by check on Farmers’ Nat. Bank Bangor. J. R. Farrington.” P.S. This cow he called Susan, I kept her five years, when she became ‘sick and died with what I called consumption; she gave out all at once, wasted away and died. I buried her hide and all. She always seemed in perfect health until about two months before she died. ‘*Bangor, Feb. 3d, 1877. Received from Harry Boardman Fifty dollars on ace’t J. R. Farrington, Norton & Farrington.” $50.00. This was for Cow Grade Durham and I bought her on November 25, 1876. She always had a cough from the time I received her until I sold her to a butcher March 8th, 1879. She had only one calf and that was a bull and it died when about 3 weeks old. This cow was when killed found to be full of tubercles on the liver and lungs and on the ribs and plates and well up to throat. You see this receipt was given by Messrs. Norton & Farrington for J. R. Farrington, as Mr. F, of N. & F. was J. R.’s brother. I was to pay for the cow in sixty days and so on the date of receipt I was ordered to pay to them which I did. So this will explain the dates, I think; any way these are the facts as my books, receipts and orders show them to be, and I know them to be correct. I would like one of your reports when they are printed as I no doubt they will be. I also hope this statement is plain enough and think you will understand it all. Anything more that I can furnish you I should be glad to do and should be pleased to see ‘you whenever you are in our city and can spare time to call on me. I Remain Yours Truly, Henry Boardman. 139 That cow was not mentioned in the post mortem—that was in 1876, ten years ago; that was the primary case that was developed upon the College farm. Q. What you read “1886” should be “1876”? A. Yes, sir; I think that is an oversight; probably this was the primary case that developed upon the College farm. Q. The year of purchasing this last cow was 1877? A. 1876, he purchased in Nov. 1876, and sold her toa butcher March 8, 1879, and we believe that to be the primary case that was developed upon the College farm. The first case | am able to trace to the earliest case. Q. Have you any other letters, Doctor, touching this mat- ter? You put in a great many last night. . A. I think I put in all that I had relating to this matter. Q. Have you any other from Dr. Michener? A. Ihave got a letter that I didn’t read last night, if you would like to see it—from Dr. Michener. I have one “Oct. 25th, 1886,” which is as follows : New York, Oct. 25, 1886. My Dear Bailey :—Y our letter of 15th inst. has been delayed somewhere. «As you see, I’ve been moving, and that may possibly account for this. Am very sorry to hear of your sickness and trust you are rapidly gaining ground now. I return your letter enclosed to me, and must say that I can form no opinion whatever from the description given. The statements, no doubt, are true enough but there is not enough given to enable anyone to form anything more than a guess at the trouble. Can not understand Gilbert’s attitude concerning the tubercular bulls. The more I see however of *“*State Boards” the more convinced I am that they should be made up of a majority of vets. or entirely of them, Outsiders can not know what these diseases mean and they fail to see the trouble and cost they entail by such fool-hardy acts. With sincere regards to you all and hoping to hear soon of your com- plete recovery, Iam, Cordially yours, (Signed) Michener. Witness :—That is the only letter I have from Michener that I did not furnish last night. Q. Is there any other statement, Doctor, that you wish to make ? 140 A. I don’t know that I think of anything. I spoke of that in relation to Mr. Bell because Mr. Gilbert and I both had that view of it—that we were not to consult him any further. He was put on fora temporary purpose and given a com- mission for four years at the time of the foot-and-mouth dis- ease in 1884. His commission still holds over a year. My commission expired September 25th, 1886, supposed I was reappointed by Gov. Robie at that time. By Mr. Southard : Q. This Boardman letter was received by you? A. It was received in answer to my inquiry to give me a description of those two cows. Q. At the time of the killing of the State College herd you had no knowledge of this ? A. I had heard of the killing of the cows of Boardman in some indirect way. Q. Mr. Boardman may have notified the College ? A. I do not understand it so. Q. You did not understand the superintendent of the farm or the trustees had any knowledge of this cow ? A. No, sir, I do not. Q. You did decide that this cow had germs of consumption when she was sold away from the farm? A. I think she must have had, sir. Q. That it developed the time Mr. Boardman bought her? A. Ido; in the light of what has transpired. Q. Do you think she had germs of disease or predisposition to it? A. I should suppose she had germs of the disease in her at the time. I think she had the germs of the disease in her, in all probability, when she was sold from the College farm. Some source must have been prior to that, but I don’t know what that source is. Q. Regarding this letter of Dr. Michener’s. What I wanted to know was whether you represented to Dr. Michener, at this time, that these bulls had tuberculosis ? A. J represented the fact to him. 141 Q. Do you think you carried the idea that the cows were diseased, to him ? A. I don’t think I did. Q. Would he pronounce the bull unsafe to use that had been dropped from a cow that had afterwards contracted the disease of consumption ? A. I don’t think he would, sir; I shouldn’t myself, certainly that would be contrary to my views of it, if I knew she con- tracted the disease after the bull was dropped. I don’t believe anything attached to that bull was suspicious on account of her afterwards having dropped tuberculosed calves. Q. I would like to inquire something about the propaga- tion of this disease ; if I understood you correctly last night it may be transmitted by heredity ? A. It may by contagion; yes, sir. By ingestion, inocula- tion, and through the milk. Inoculation would be a species of contagion ; ingestion, by eating of the meat of tuberculosed animals. There would be two ways to contract this disease : first, by heredity ; second, by contagion. Now, in heredity there would be first a predisposition to the disease transmitted from the mother or the parent to the child. Some animals and some men have the power to avoid it. There might be the predisposition in that germ. Intermarry cattle—cousins— and it will bring that about. Q. That would be general in any inbreeding herd in the State, would it not? A. Yes, sir, I think so. Q. There would be another way that it might be transferred by heredity and that is by an actual transmission of the germ? A. Yes, sir, by an actual transmission of the germ, I mean that the calf could be diseased in utero, that the bull would have the power to infect the calf in the utero; that is well settled. It can be transmitted by the sire or dam either. Q. Now, if it is simply a predisposition to the disease, that never would develop itself as a disease unless there were a germ came in contact with it? A. I think that would be necessary. 142 Q. And these germs are very generally in the atmosphere? A. They are supposed to be; there is quite a number of theories in regard to germs. Some people think they are of vegetative origin entirely. Some think that it is due toa ferment. There is quite a dispute on that point. Q. They are generally diffused ? A. Yes, sir. Q. An animal with no predisposition to tuberculosis that had the power to throw off these germs would never be affected by it? A. It would have more chance to escape; better able to resist it than if he had not. Q. With predisposition he would be less able to resist it and the germ would be more apt to find fertile soil to work upon? A. Yes, sir, I think so. (). Did I understand you last night to say that in order for this disease to be contagious the germs must be floating? A. They must be freed from somewhere. Q. The moment the germ takes root in the body it begins to develop, does it not? A. It would be difficult to tell by the looks of the germ under a microscope just how long it had been developed. It is a specific virus in tuberculosis—a specific germ, just the same as a specific germ in glanders and leprosy. We recog- nize the germ and its appearance under a microscope; they are different in formation. Q. So long as there was no breaking down of the tissues, it would not be contagious in that sense? A. No, sir; until there is a breaking down of the tissue it is not, in my judgment, contagious from one animal to another. Certain stages of it would not be contagious. In the early stages I should regard it not contagious. Q. Now, you say that you believe this disease has been on the State College farm for a good many years? A. Since that Boardman case; I think it has been there ever since that time. 143 Q. That would go back to 1876? A. Ten years. Q. Do you believe that between 1882 and the outbreak in 1886 there were any active developments of this disease going on at that time? A, es, sir) 1do: Q. In what animals? A. In the Grade Shorthorn cow that Mr. Gowell had of Mr. Rich. Tle says, “she was coughing when I came here ;” those are his own words. One Shorthorn cow—that is, “Maggie 3d.” In another one, “Rose 8th, the Shorthorn that refused to breed, and upon being slaughtered was found badly affected,” as I have before told you. Q. “Maggie 3d,” you say on page 58 of your report, “was emaciated and coughed badly.” As a matter of fact, do you know whether she was emaciated ? A. I take Mr. Gowell’s statement for that entirely. Q. Did Mr. Gowell tell you at her death she coughed badly ? A. I have understood him so or else I shouldn’t have it in that report. That has been my understanding of it, from the report I received. Q. Is it not a. fact that he told you “Maggie 3d” had a cough when he took her, but she had recovered from that cough, so that she was apparently all right, and then ran down, and he killed her in 1884? A. I made that statement in another place. Q. I don’t think you have made the statement that she didn’t cough at the time she died ? A. I know I have made that statement—that she had de- veloped a cough and got better of it. That is here some- where. Q. If she had developed a cough and got better of that, what would that symptom be? A. He says she developed a cough and did good work for a year or two, and afterwards she pined away and died. I think, perhaps, by good care that cow was enabled to go 144 along a piece further, and some reaction took place and she succumbed to the disease. Q. In other words—the disease that was once active be- came dormant? A. I don’t think it ever left her, though. It is not necessary that the breaking down stop. I think she was able to propa- gate contagion during all that period. He said she was doing good work, I have no doubt of that, from the previous condi- tion, as he described it. Q. Turn to page 17 and 18 of your report. “Having been informed by Mr. Gowell, that between the time he became superintendent and his notice to the cattle commissioners, in March last, he had slaughtered five other cows besides ‘Mags gie 3d’ and ‘Rose 8th,’ that all presented the same condition of glands and lungs as the cow ‘Pet.’” Da you understand that he told you all those cows presented the same condition of glands and lungs as the cow “Pet”? A. I did understand it so,—at that time. Q. Doctor, you got information from Mr. Gowell and intended— Witness :—I stated it in good faith when I read my paper before the committee. Since that Mr. Gowell has told me there was an error—having seen the lungs of all those cows ; and I admitted I thought there ought to be a modification of that sentence before the committee. I sought to treat him per- fectly fair in the matter. He bas told me so since. Q. So that those five cows were not examined ? A. Not all of them; part of them were. Q. Do you understand that the lungs of “Gray } Nose” were examined ? A. Yes;Ido. Allow me to show you. There isa report. In getting the history of this case I wrote that as I took it from Mr. Gowell’s own lips on the morning of March 6th. (Statement read by witness.) I took that from Mr. Gowell’s own statement. I will take my oath on that. I think he must have given me to understand at that time they had tu- bercular lungs. I won’t dispute anything Mr. Gowell would 145 say tome. I believe him to be a man of veracity. That is the statement I took from him at the time. Q. Do you know anything about the bull Mr. Gowell sold to aneighbor, that he and the neighbor killed, after the killing of the College herd? A. No; he called my attention to him in a letter; after that I never heard anything more about it at all. He said there was such a case and he would like to have me see it. (). If the lungs of “Gray Nose” and “Jersey Lily” were not examined, and they presented the same symptoms—stiff neck and bunches—that this bull which he sold the neighbor did, and the bull’s lungs, upon examination, proved not to be tubercular, what would you say with reference to the lungs of Jersey Lily and Gray Nose? A. I should say they were more likely to be diseased than the bull. Jersey Lily was out of Princess Alba—we know she was thoroughly diseased. I don’t know what cow the little hull was out of. I think they would be more likely to show it than the bull. (). If those bunches and that stiff neck were symptoms of that disease, why were not they present in the bull? A. I never saw the bull. I know nothing about him. Q. This disease broke out, generally, in the herd, at about one time? A. It developed very rapidly along toward the last of it ; I judge so. (). In most of those individuals it developed by contagion? A. That would be impossible for me to say. According to my theory they were sound when bought, and they must have been affected in that herd— Q. Have you made up any judgment as to how long they were affected ? A. That would be impossible for any man to do ;—to see a cow’s lung with lesions in it, and tell how long that cow had been affected. 10 146 Q. On page 58 of your report—“Glands affected and coughed. Age three months. Purchased when three days old, at Oldtown”. Is there any pretention that this heifer had this disease at Oldtown? A. I don’t know as there is; I don’t know anything about it. Q. You say in your report that the individuals of the herd— that the herd from which they came—were, so far as you could ascertain, all right. A. Yes, sir; as fur as I have been able to ascertain. Q. When did that Roan Heifer contract this disease ? A. I think the probabilities all are it was congenital and hereditary both, from that heifer. That would be my belief about it. She was killed. I think it must have been congen- ital and hereditary both. By congenital I mean it was there when she was born. Q. Then the herd from which she came is affected by this disease ? ; A. I don’t know anything about that, I never was in Old- town in my life. Q. If you believe this Roan Heifer to have had this disease when she was born, don’t you suppose it is in the herd from which she came? Witness :—I think it is probably in it. Q. Why is it you have not investigated that herd ? A. I had no business with that herd, and never have had a notice from Oldtown in my life. (Q. You have not had any more notice that that herd is diseased, than you have or had, prior to the killing of the Kent bull, that he was diseased, have you? A. No; not prior to Jan. 27th. I knew that bull was at Bucksport. Q. After Mr. Kent wrote his letter to Mr. Gilbert—after you went down and saw that bull and pronounced him sound, did you have any more— A. I had no notice at all as to where the Roan Heifer came from; knew nothing about it, don’t know to-day. I had 147 only my official notice to go out and see the Roan Heifer, and I pronounced her apparently well. A great many diseased animals can appear well and yet be thoroughly diseased. They deceived me and the trustees and superintendent of the farm, in that respect, much indeed. (. You said they did not deceive you a particle ? A. I beg your pardon—I said nothing of the kind. Q. Did not you say— A. Isaid I had not been in that barn ten minutes when I was thoroughly satisfied that that herd was affected with tu- berculosis. I also spoke to Mr. Gilbert, who was in the fur- ther end of the barn, coming towards me, and I was examining some cow I said, “Mr. Gilbert, you have got tuberculosis to deal with here ; there is no pleuro-pneumonia here.” I think there were others in the barn—some other gentlemen there, I know. I addressed myself to him at the time. Q. If this herd came to the barn in the summer of 1885, looking, as it is said in testimony they did look, you would _ say from that the same as you said with reference to the Kent bull—that they were apparently well ? A. Unless I had something to make me suspect or heard them cough or saw one standing as Princess Alba was, with elbows apeak, to give her a better chance to breathe. I don’t know as I have ever been told about their condition when they came to the barn. (). You remember the testimony ? A. I do not, perhaps, recollect every part of it. (). You know, generally they were in good condition ? A. The statement was that they were in as good condition when I saw them as any herd I ever saw in my life. I think they must have been in as good condition then as when I saw them; I do not know that they were better. Q. Were not they, in all probability, better ? A. I judge the probability would favor that idea. I did not see them. Q. Was not that disease ina stage of advancement that was rapidly pulling them down? 148 A. It must have finally. It must have concentrated itself rapidly to produce the lesions I had found. Q. If one of the cows in that herd had come to the barn, or a short time after coming to the barn, had developed this cough, had become emaciated and run down, and the last week in January had died, or been killed by reason of the disease, what would you say about the outbreak in the whole herd? What would you say as to the time when that herd of cattle contracted that disease ? A. I don’t think any man could positively state in answer to that question. I don’t think a man with one of those lungs on the table, to save his soul, could tell how long it had been in that condition. Itis.a chronic disease. A man might have a tubercle in his lung and live a hundred years. Q. Can not you judge something about the time that this disease was contracted from the fact that in all those fifty cattle the disease manifested itself at the same time? A. I don’t think any man would be justified in doing so. Q. Is it not an honest inference to draw, in view of the fact that these animals were all diseased, in this advanced stage, at this time, that they contracted the disease at the same time? A. I do not think that would be a fair inference to draw. I think some of those may have extended over a long period. It would be impossible for a man to say. Q. Do you know, as a matter of fact, when any of those cattle were bought ? A. Only from what I have been told. Q. When do you understand Princess Alba was bought ? A. In Rockland, 1882 or 1883 ; that ismy recollection about it. I stated in my report when she was bought. You will find I gave the date as I received it from Mr. Gowell’s letter. Q. Mr. Gowell said it was bought in 1884. A. Whatever he said I should rely upon. 149 Q. You understand that Jersey Lily was bought with her at the same time in Rockland? Do you take the position that Jersey Lily received this disease by heredity ? A. That would be rather an unfair question. I don’t think any man can decide positively whether she was diseased by heredity or contagion. Q. I would like to know whether you think it was under these circumstances that she inherited that disease, or whether she caught it? (The chair ruled that this question was immaterial, on the ground that inasmuch as the disease had been found to have existed in the animals, all inquiry as to its manner of origin was needless. ) Mr. Southard :—The doctor has said in his report, that in none of the herds from which these cattle were taken was this disease developed. Witness :—No, sir. Mr. Southard :—That it all had its advancement at the State College farm ? Witness :—I do not state that. (). Jersey Lily and Princess Alba were bought together. Jersey Lily was the daughter of Princess Alba. [I would like to know from the doctor whether under those circum- stances he believes this Jersey Lily inherited her disease or caught it ? Chair :—If you are testing the doctor’s capacity or knowl- edge of these things, I have no objection; but the committee cannot receive any light from such a question, or an answer to such a question as that. Mr. Southard :—On page 15, “In no instance have I been able to learn of a single herd or a single town in Maine from which these animals were purchased, that down to the present time have ever been affected with tuberculosis.” Witness :—Yes, sir; I stated that decidedly. None of these animals have ever been affected. (). If it existed in those herds you would learn of it? 150 A. Some of those herds are familiar to me. I have seen the Briggs cattle in Auburn. I wrote inquiring about the dam of this cow. Q. What has veen the result of this inquiry altogether ? A. In relation to Juno 2d that was sold in Bangor. She went away, I think, in the previous January, 1886. I think I received that information from Mr. Gowell and President Fernald. She was one of that herd, I suppose. They told me so. Q. This was after they came to the barn, previous to their being killed? A. I don’t know when they came to the barn. Q. It was the January, before the April? A. I regard it so. Q. She was taken away from the herd and carried to Ban- gor, and she was examined by Dr. Michener? A. Yes, sir; I understand so. Q. What was the conclusion with respect to her? A. He told me he failed to discover lesions of disease about her. That is what he told me; but she is the mother of one of these cows that we killed and found disease in April. Q. I want to know if the fact that she was taken away from that herd in January, never having been afflicted with the disease, would not indicate to your mind that the disease was not contagious at that time? A. No, sir. There are several things that would lead me to that opinion. I have never examined the cow myself. She might appear well to me or Dr. Michener and have a tubercle se small that we couldn’t diagnose by any external symptoms, and I don’t think I would be justified in answering that ques- tion. She is living now, I understand, and the mother of two bulls that have gone out from the farm; is also the mother of the cow Susie. Q. This cow might have caught the disease ? A. She might have caught it from some other animal. be- sides her dam. 151 Q. The fact that Juno 2d is not diseased, and the two bulls she is the mother of, she has not diseased, would indicate that this Susie did not receive her disease by heredity ? A. You are asking something that I know nothing about. I don’t assume that those bulls are all right. Q. Let us try it. Suppose the fact to be that those two bulls and that cow are all right, does that indicate that Susie received her disease by heredity ? A. As long as she was mixed up in that herd she was in mighty bad company. She was in bad company because they had been affected for the last eight or ten years. I take the ground that the animals—the new cows—when Mr. Gowell bought them were all sound, as far as I am able to learn. 5o I am led irresistibly to the conclusion that the disease was generally developed and confined and generated in that Col- lege farm. I understood the word generated to mean produc- ing one’s own likeness—propagation, that is the proper defi- nition of it. I think it is producing the likeness of one’s own self. The way the first case appeared, I think there must have been a prior case to that cow Dora, but we are not able to trace it any farther than her. I have been unable to. I exercised all the diligence I was capable of. (. Don’t the fact that there are no complaints coming from these bulls, and that they were supposed to be all right going from that herd prior to the winter that they were killed, in- dicate that the herd took the disease that winter? A. No, sir; I do not suppose they are all right myself. I have no idea they are. Q. Why don’t you follow them up? A. Lam going to. I have got full power to do so, and I propose to avail myself of it. Mr. Southard :—You might have to find out a number of— Witness :—I had no authority to find out about them. I don’t say Mr. Gilbert knew where they were. He didn’t tell me. Q. When you wrote for information respecting the cattle, you wrote Mr. Gowell? 152 A. I have had a great many letters from Mr. Gowell; he has always answered my inquiries freely. I think Mr. Gil- bert spoke to me when I went down there. I said if I knew where they were I would inspect them and look them over ;— if I didn’t find tuberculosis in some of them, I would be greatly mistaken. Q. Is it not somewhat peculiar that if these individuals, that were taken into that herd at different times, contracted that disease at the time they were taken in, the disease should break out all at once in the whole herd? Witness :—They had the opportunity to contract the dis-— ease every day that they were there. A. They didn’t have the opportunity till the breaking-down process commenced. (). But you cannot tell how long that breaking-down pro- cess had been continued ? A. Not by the appearance of the lung. Dr. Adams and Dr. Rich will tell you they couldn’t tell you, if they saw a man’s lungs which had cavities—they couldn’t tell how long those cavities existed. (J. There were some of the pigs examined ? A. One pig. Q. By whom? A. By Dr. Michener and myself. Q. And those pigs had been fed with the milk from that herd? A. I don’t know as I am in possession fully of that fact. Q. Is that what you understood ? A. I wouldn’t say whether I understood it so or not; I have forgotten. Q. Does not Dr. Michener say, in his report, ‘‘that the swine on the farm that had been fed largely on the milk of these cows were examined and one pig nearly a year old was killed and carefully examined, but no traces of the tubercu- losis could be detected ?” A. I think that was a supposition; we found no traces of tuberculosis in that pig. He was a little wheezing-looking 158 pig. Mr. Gowell said he would just as lief have him killed as not. (. If tuberculosis had been in an active form in that herd, before they came on to the farm in the winter, and those pigs had been fed with their milk, would not, in all probability, disease have developed itself in the pigs ? A. I should think, as a rule, it would. It didn’t in that fellow. (J. Pigs are very susceptible to it? A. I can only speak of the one pig I saw. (). «*The butcher who kills the pigs raised on the farm states that in some instances the liver has appeared diseased.” Is it a fact that nine pigs out of every ten have abscesses up- on their livers? A. They have a condition of the liver that we very often call **‘waxy”, and then they have an oily condition. If you put it on paper it will make it appear as though it was soaked with oil. Itis lardaceous in character. They have two forms of liver trouble. I never had any talk with the butcher, that I know of, about it; I don’t know whether Dr. Michener said anything to me with reference to it. (). You say, on page sixteen of your report, that ‘‘if no animals had ever been sold from the State College herd we could now report the malady as completely and effectually stamped out.” Do you mean that? A. I mean it, sir, in its broadest sense as regards the Col- lege farm. (. Do you confine it to that ? A. I have no doubt that there are a few isolated cases in Maine that may be affected with tuberculosis. One has de- veloped since this hearing, in Bangor. The ground I take is that we are freer than any State in the country. We have not got one where they have ten in Massachusetts ; one where they have got a hundred in New York. I got a report from the College officials in New York showing that of the milk that is being sold in New York city, 90 per cent of it is tuber- culosed. Twenty-nine per cent of the deaths in New York ‘ 154 hospitals are from tuberculosis and 17 per cent of them can be traced directly to the use of tuberculosed milk. I do not mean the malady is completely stopped; but I think if there were no animals sold from that farm, as far as the College farm was concerned, we could declare it effectively stamped out. In addition to that I think there are a few—a very few — isolated cases. The first case I ever saw in this State, (I should have to think back sometime). I saw a case of con- sumption in this State since I have been in practice, (I gradu- ated in 1879). I think in 1880 an inbred Jersey heifer at Allan’s Corner; had no connection with the farm. She was got by her own full brother at the farm. Q. Do you remember the Deering bull? A. What Deering bull? Q. A bull that was afflicted with tuberculosis ; one that Dr. Salmon diagnosed. A. At Rolfe’s farm, Dr. Salmon was suspicious of a little bull; thought he had tuberculose tendencies. He thought he had better be killed, and at Dr. Salmon’s suggestion that bull was killed, and his lung was sent to him at Washington for his inspection. I do not know that that bull developed tuberculosis ; he had glandular symptoms of tuberculosis. They were very slight, and I don’t know what his conclusion was; he never reported; he made the suggestion that that bull had tuber- culose tendencies. He thought we had better kill that little bull. We did. That Jersey heifer? well, two cases, I don’t know whether that proved to be a case or not. Two cases and the one at Waterboro’ are the only ones I have had my attention called to, either privately or publicly, in my State, official or private practice. (Q. What was it you did with the cases at Waterboro’? A. We found a very badly diseased cow; I had her ex- humed to show Mr. Gilbert the lung. It was thoroughly diseased. She had a little wheezing calf up there two weeks old, and I decided to kill it because it simply came out of that cow. She also had two three-year-old heifers whose glands 155 were affected ; we destroyed one of them. Two physicians were there the day we killed her, and I showed them the con- dition; she had affection of the glands. (. What did you recommend Mr Scribner to do with his cattle ? A. Mr. Gilbert and I together recommended him to turn them out to graze, and put them into quarantine for the sum- mer. I visited them in the fall and found them fat, all of them. I regarded them as being in a safe condition to sell for beef at that time, and they were sold, I think. I didn’t go to the final disposition of the case. Mr. Bell and Mr. Gilbert attended to it. I have their report; that is all of it. Q. What has been your view of the law under which you have acted in taking these animals? A. Iam very glad to have the privilege of telling you, sir ; and I never have consulted any attorney on it. But from what I read,—section 50 of the law says, “The Governor may when he deems it expedient, appoint commissioners, etc.” Section 51 also, (Witness here read section 51). (). Have you ever made any regulations ? A. We put several herds into quarantine. We have made a great many regulations in the cases of the foot-and-moutb disease. Q. Have you understood your law applied to animals like the Kent bull, that were apparently well on examination ? A. Yes, sir, I understand it gave us full power to take that bull at any time we saw fit, if we deemed him to be a diseased animal. (). Did you deem him to be a diseased animal? A. I wrote to Mr. Gilbert what I found; I stated it fairly to him. I said “I found the bull apparently well,” and re- ported my visit to him. I then took pains to ascertain, as near as I was able to find out, if he was from Prinvess Alba. I made up my mind that if from that dam he ought to be killed and never ought to serve a single cow. I believed I had ample authority to act. 156 Q. You stated last night with reference to the Kent bull and the other bulls that were out, that you would have the other bulls immediately examined ? A. Yes, sir; I would have them examined. Q. And you would take bulls that appeared diseased and kill them ? A. That would be my recommendation ; those that were not diseased I would advise the owners to feed them for beef, in the first instance, and if I was satisfied that they were dis- eased in any way—if they had the slightest taint of disease about them—I would have the full authority and justification of having them killed. (). You presupposed their disease. You are going out to make an examination of those other bulls. Now, suppose you find a bull that is apparently all right, what are you going to do? A. I should not feel justified in killing that bull without some other evidence than that. If that bull, mind you, was out of a cow that I had seen the lungs of, and found them thoroughly diseased, and I knew that bull was dropped since that cow became in that condition, I should say, no matter how well he appeared, off with his head. Q. Do you know Princess Alba had that disease when she had that bull? A. Tamas confident as you are that your name is Southard. (. How do you know? A. Because the lesions were so apparent, and they had such solid adhesions—all solidly united together. Jersey cows are predisposed to the disease; do not think she could have been in that condition, without its being an old chronic case of long standing; she dropped her calf in June before, and we killed her in March. Particularly predisposed to this disease, she advanced very rapidly, more so than one that was not predisposed to it, that would have the power of re- sistance more than a weak animal. My recommendation has been to Mr. Gilbert, to have those bulls inspected, and killed 157 if necessary. Mr. Gilbert has a communication from me containing that recommendation. (. Under your view of the law you thought it was per- fectly competent for the Commissioners, if he appeared ap- parently well, to seize him and have him appraised, and kill him at the expense of the State ? A. Ido now; knowing all I have learned since I saw him at Bucksport. The day I saw him at Bucksport I had no knowledge that he was even from one of the cows of Orono. My view was if we found him diseased we had better take him away. Q. How did you find him? At that time you believed you had no authority to kill him? A. I did not feel justified that day to have that bull ap- praised, and— (. That is not the answer. I want to know if you believed at that time you had any authority to touch that bull. A. If I believed he was diseased, I believe I had the full authority to do it. I became satisfied afterwards. Q. Now, did you or not, at the time you made that exam- ination of the bull at Bucksport, either you or the Board of Commissioners, have authority to take him and have him appraised, and kill him? A. I did not do it. Q. Do you believe you could ? A. Yes, sir; I believe I could, if I believed he was diseased in any particular. Chair :—Do you believe you had authority, in the light you had at that time, to take that bull and kill him [To Mr. Southard] :—I want an answer to your question, and I want the Doctor to stop then. Mr. Southard :—I asked him if he believed the Commis- sioners had authority, at the time he examined that bull at Bucksport, and found him apparently well, to take that bull and have him appraised at the expense of the State. Witness :—I think I will decline to answer it. My action shows best what I thought ; I did not feel justified from what 158 I saw down there in having him killed and appraised at the State’s expense. Chair :—It is a fair question. Witness :—If I am obliged to answer it—I should hardly think I did have the authority that day, knowing what I did then about it. Mr. Southard :—Mr. Gilbert was perfectly right at that time ? Witness :—When he wrote me back in answer to my letter that we had no proof he was from diseased parentage, and I immediately forwarded Mr. Gowell’s letters showing him the dam was one of the worst cases at Orono, I thought Mr. Gilbert, when he knew that fact, would say, “if that is the case, I agree with you that we should dispose of him ;” but he didn’t say anything of that kind. He then replied if the bull was unsound it would oblige the College to refund. I consulted him at once—as has been my custom always. Mr. Southard :—You don’t believe that the law authorized you to kill all the animals. We have got two or three letters from Dr. Bailey to read at this time regarding the law. There is one dated Portland, Sept. 28th, 1886. This letter is to Mr. Gilbert from Mr. Bailey. (The letter was read in evidence and is as follows :) Portland, Sept. 28th, 1886. My Dear Sir :—I have heard nothing from you since you went to Water- boro’, but received a letter this noon from Chase, which is so different from my supposed understanding with you, I write you at once. When I last inspected Scribner’s cattle, I told him, and afterwards told you, I could see no reason why they were not fit for beef, when he replied that no one would give a cent a pound for them, and we then arranged that we would get. Deering to buy them, as he was not afraid of them, and thus end the whole controversy, and Scribner thus get more for his cattle for beef than he could possibly get if they were condemned and destroyed as sick cattle. Mr. Chase now writes me, ‘‘Mr. Gilbert came out here to see the cattle Saturday. I was not here, but he told Mr. Scribner to sell his cattle his first opportunity and said to him to have the cattle appraised and whatever they sold under the appraisal, the State and town would make up to him. The appraisers were there yesterday and prized the whole stock $255.50. Ithink this is a little more than they will sell for, but not very much. Mr. Harper Deering said to me he would come and see the cattle i ed 159 in a day or two, and I have no doubt Mr. Scribner will dispose of them to him or some one else, ina few days. As soon as he sells them I will let you know. a Eke) Ce P. S. Mr. Deering left here about an hour before Gilbert came Sat- urday, and he did not see him. Now, as I look at this arrangement, we have had a lot of well cattle appraised, for which we have no ‘‘shadow of law” for if well we had nothing on earth to do with them, while if ap- praised at all, it could only be as sick ones, and for which no other price could be realized by the owners. Now, Chase says he don’t think they will bring the appraisal and Scribner has the right to dispose of them to Deering, or some one else, with all the prejudice surrounding them, at any price he likes, and the State makes good. Why, if they are jit for beef, as we have decided, what has the State to do with them any way? Is this the way you understand it? If not, you may have time now to complete our arrangement with Deering, and net have the whole thing abort, but if Scribner and Chase understand it as you do fam completely nonplussed. What is to be done abont Gowell’s request to go to Orono? Iam able to sit up a few hours a day, but it is a great exertion to write anything, so please excuse my scribbling, as [am anxious about the case. Yours, Geo. H. Bailey. Witness :—Scribner’s cattle were diseased. Scribner is the man who owned the cattle at North Waterboro’; not con- nected with the College herd at all. I swear by that letter now, and I only wish I had the letter I received from Mr. Gilbert in reply. I know the tenor of it very well. I dis- agreed with him about the propriety of appraising animals after we had lost control of them—after we had discharged them from quarantine. I did not believe we had any right to have them appraised at the State’s expense. They were not ani- mals that had tuberculosis; they were animals that had been exposed to it, and might have it in their systems at least. The only calf that we killed at Scribner’s was a little wheez- ing calf. These other cattle were not from any cow that we know had tuberculosis, we did not know that the dams were unsound. Q. There was a pretty good suspicion, was not there ? A. It proved not; they recovered at pasture and got well. The ground I took was we had nothing to do with having them appraised after that; they were virtually well animals ; 160 we had pronounced them sound as far as discharging them from quarantine. Q. When a creature was apparently well you had no right to proceed against him ? A. When we took our hands off them we had no control of them at all. (. Did the Scribner cattle have this disease or not? A. They had not; no, sir. The two we killed had it but the rest of them didn’t have it. They proved not to have it; after I put them into quarantine. They sold for beef. (. Did you examine them ? A. I did percuss the lungs of every one of them. (. What was the conclusion with respect to them? , A. That they were fit to discharge. (J. I mean at the time you examined them first? A. There was one,—that Roan Heifer—at that time I re- garded with suspicion, because she had enlargement of the throat. Mr. Gilbert didn’t like the appearance of the previ- ous one. He says “let us recommend them to turn them out.” He regarded that they were going to be appraised too highly. QQ. You pronounced the case at that time to be tuberculosis, did you not? A. I did—-the old cow—the calf on general principles. Q. Did you act under the law at Orono? As Mesisir. Q. Wholly, did you not? A. Wholly? No, sir; we put them into quarantine and conformed to the law strictly in that respect. Q. What authority was the slaughter of the herd conducted under ? A. We did not conform to the law in anything of this— Q. I want to know by what authority you took charge of that herd at Orono? A. We were notified as Cattle Commissioners that there was a disease in that herd. (. Was it by the authority of the law or not? 161 A. I don’t know what authority Mr. Gilbert had; I got my authority from him to go there and act. Q. How did you act? under the law, or not? A. The first instance we put them into quarantine. Q. And what did you do in the next instance ? A. Kept them in quarantine. Q. Was that under the law or not? A. You may regard it either way you like, I am nota lawyer. (¥. You are a Commissioner ? A. I would rather be a good doctor than a poor lawyer any time. I don’t know anything about the law. Q. Don’t you claim to know something about the law ? A. I claim that that law reads so clearly to me that I understand it. Q. You may claim that you know the law. You claim that action at Orono was under the law? A. We may have departed from the law when we killed those cattle, inasmuch as they had not been appraised. QQ. But that was the only thing? A. I don’t know as I can think of any little technicality that we let go unobserved. (Mr. Southard read a letter dated “Portland, Aug. 11th, 1886,” as follows : ) Portland, Aug. 11th, 1886. Dear Sir :—I went to North Waterboro’ yesterday to see Scribner’s cattle, and they have much improved in every respect, so much so, that they are each and all fit for beef inmy opinion. Scribner scouts the idea, however, and says nobody will buy or eat them,ete. He talks like a fool, and says a dozen lawyers have told him he had a right to have had his cattle appraised (all of them), when we killed the heifer, and Judge Tapley tells him that one should have been appraised at her value when she was well. His cows have gained much flesh since they have been turned out and had something to eat, while the oxen are fat, and have gained four inches each since we were there. That **bull calf’ at Bucksport, I have written Gowell about, and he tells me he is out of Princess Alba, one of the two cows I ordered killed when Mr. Oaks was there, and that proved one of the worst cases on the farm, a 162 In view of this fact I have no doubt of the policy of having him destroyed. It was policy that governed our action at Orono, wherever we were in doubt, and this bull, if allowed to be used, might get a hundred calves that would become predisposed to tuberculosis by heredity, certainly, even if this animal remained for a time apparently free from the disease. We certainly have thus far subjected ourselves to no criticism that would re-act upon us with such force as this, and justly too, if such a thing took place, while in case of that cow at Bangor, that Michener pronounced sound, if covered by a ‘‘sound bull’ she might never produce a calf that would prove to be infected. Let me hear from you in regard to this matter, for I have promised Mr. McAlister that I would take prompt action in this matter, while a ‘‘post- mortem” of this animal might prove of especial interest to us in regard to our future action if the same emergency arises. I have no doubt Mr. Hateh will endorse this action fully, when the matter is explained to him, in the absence of Gov. Rebie. Yours respectfully, Geo. H. Bailey. Q. Has it been policy that has prompted you in reference to the Kent buil, or the law? A. I think it was mighty good policy to have him killed. Q. Yes, sir; I want to know whether it is policy or law? A. Iam willing you should know just what the truth was about the policy of killing the Orono herd now. There was a good deal of talk at Orono among the Governor and Council about the policy of killing that herd before we finally decided whether they were all unsound or not. The proposition came up, that nobody could tell. The question arose among the State College trustees, and the Governor and Council, whether it would be policy to kill that whole herd. I had several talks with Mr. Gilbert about it. I told him I was in doubt whether my profession would sustain me in allowing that herd to be killed, and I wished to correspond with parties to get their opinions. I corresponded with Dr. Liautard and Dr. Salmon. When we came to kill the cattle the emergency did not arise, for every one of them proved to be diseased ; but the proposition came from the Governor and Council, whether they were diseased or not they would stand behind us; they believed it policy to do so; they did not know ~~ a oe 163 when it would be safe to put in fresh cattle, or the milk safe to use. So they said, ‘‘Let us kill them and wipe them out.” I wrote Dr. Salmon on that point. (Letter dated at Washington, D. C., April 8th, 1886, from Dr. Salmon, was read by witness, as follows :) Washington, D. C., April 8th, 1886. Dr. Geo. H. Bailey, 1 Pine Street, Portland, Me. : Sir—In regard to the herd of cattle at Orono would say [cannot recom- mend the slaughter of the animals that appear to be perfectly healthy ; such may be, and may remain, perfectly free from the disease. My advice would be to destroy all that show signs of disease, thoroughly disinfect the stables and keep the balance under supervision. If there are no other quarters in which to put the new herd, it seems to me that they, too, would be open to suspicion because the stables and grounds must be infected with the germ of tuberculosis. If the new cattle are to be put immediately into the same stables and upon the same grounds, will they not too be- come infected? If the council believe that, as a matter of policy, it is better to kill the whole herd and start out with a new one, that is a ques- tion of business and not a professional one. I do not see what I could say more than this. Ihave given you advice from a professional standpoint and caunot go beyond that and decide as to the best policy from a business standpoint for the institution to adopt. Very respectfully, A. E. Salmon. Mr. Southard :—Tbat was before the slaughter. He says in regard to the herd of cattle at Orono, “I would say I can- not recommend the slaughter of the animals that appeared to be perfectly healthy.” He advised that those that appeared to be perefctly healthy ought not to be killed. Witness :—That was my proposition to President Fernald the first time I ever talked with him. Q. To kill those that proved to be diseased, and those that bore suspicion to isolate them and keep them apart ? Al. Yeanaar Q. Why did you insist that the Kent buil be appraised and killed at the State’s expense when he appeared perfectly healthy ? A. I say to you I did not feel justified at what I saw down there, to have him appraised and killed at the expense of the 164 State ;—I say that now, and I say that always. I told Mr. Kent I did not feel justified in having him killed at that time —both him and Mr. McAlister. (Letter of March 8th, 1886, was read by Mr. Southard as follows :) Portland, March 8th, 1886. Gentlemen :—Since my arrival home yesterday morning, I have submit- ted the specimen I took from the lung of Pet to several tests that seem to my mind to conclusively confirm the diagnosis of tuberculosis, made by me at Orono, andI am going to Boston this afternoon to consult a member of my profession, in whom I have great confidence, as to the future care and disposal of your herd. While I am at a loss to account for the uniformity of symptoms exhibited in so large a number of animals as harmonizing with the theory of phthisis, my mind is still irresistibly drawn to the conclusion, that if my diagnosis in the case of Pet is correct, that all the preceding cases have been alike, and that all of the present herd, that are in any way affected, all have tuberculosis. Not that they are ald affected at the present time, (but such as are), and right here is where I expect to encounter my chief difficulty where to draw the line, and be able to say positively, what individual mem- bers should be destroyed, what number be quarantined, and what propor- tion of them are entirely above suspicion. The difficulty experienced by the most skillful veterinarians in the auscultation and percussion of the lungs of bovines, in these cases, renders every precaution necessary to be taken to avoid mistakes, and as this is a case of much importance to us all, I shall endeavor to possess myself of the fullest information and ad- vice before proceeding further. « Not that I intend to shirk any part of my duty as Veterinary Officer of the State, but first having conclusively proven my diagnosis correct, to then proceed cautiously and humanely as possible in the work before us. To this end, I ask for the fullest co-operation of your taculty, and for closest observance of the symptoms of each and every member of the herd, between now and the time of my next visit of Friday of this week, by which time we should be able to identify the disease in quite a number of the animals, beyond any reasonable doubt, and also to regard as free from suspicion, a certain number that during this time give no evidence of disease. Of course, if there are any members of the present herd, from the dams of either of the cases killed, such as Pet or Betsey, they would become **self condemned” by direct hereditary tendency, while those calves who are from dams having no symptoms of disease could be safely retained. While I have no doubt about condemning the milk of any animal af- fected, there are considerations regarding the butter, about which we will get more light before we meet again. In the meantime, believe me, Yours sincerely, Geo. H. Bailey, V. S. ME IT a et PR a a 165 Witness :—That question arose, I consulted our authorities on the subject. (. You believed that this Kent bull was a very dangerous creature to be at large? A. I think he was an unsafe creature, I regarded him so. (). You told he was a dangerous animal somewhere in your testimony ? A. I regarded him as an unsafe animal to be at large. Q. You believed it was the duty of the Commissioners to immediately take that bull and have him taken care of? A. Yes, I so advised after I found he came from Princess Alba. I felt justified in doing it. Knowing that two other calves from the same cow were also diseased and both killed, —from Princess Alba—both were dropped before this bull was, and they were both diseased. Q. You believed that the duty of the Commissioners was at once to take charge of that bull? A. I wouldn’t say as to that. Q. You believed in doing it just as soon as you could? A. I think it is always best to act, when we are satisfied of the presence of the contagion, and talk afterwards. Your Commissioners ought always to act promptly in such matters. That is my belief about it. (Letter dated “Kennebunk, Apr. 10th,” offered by Mr. Southard as evidence, and read, as fol- lows :) Kennebunk, April 10th, 1886. Dear Gilbert :—I came out here this morning at the request of the se- lectmen, and have ridden all the forenoon to see four lots of sheep, all badly diseased with scab. ‘I'wo of these lots, fourteen in one, and six in the other, were mere skeletons, and I have ordered them condemned and buried. The other two lots I have instructed the owners how to proceed to cure them and disinfect their premises, and have no doubt they can be saved without any expense to the State. I have cautioned the selectmen about an appraisal and they are to let me know all about it. I have also received a very urgent call from the selectmen of Monson and have agreed to go down there Monday, although I much dislike the trip, but don’t see any way to avoid it. I have also a letter from Wesley, which I will send you when I get home, and from what they say I think they must have a case of glanders, but it is 24 miles from the steamboat landing at Machias- port, and 37Z miles from any railroad so I think we better ‘stave them off” 166 for awhile anyway. I have heard nothing yet from Salmon or Liautard but am afraid they may think our proposed action too sweeping to be fully justified, although I have no doubt of the policy of it from a ‘*money point of view.”’ Everything seems to ‘t‘come ina heap” lately in the State’s business. Yours truly, Geo. M. Bailey, V. 8. Witness :—What in that letter do you want to criticise? Mr. Southard :—What do you? Witness :—I am at your service, if you have got any ques- tion. Q. What do you think of “staving” off a case of the gland- ers? A. I communicated with parties (Wesley) and received a letter from them that satisfied me that they didn’t have it, and consequently I didn’t go, and they proved not to have it. Q. You didn’t have that letter at the time you wrote this? A. No, sir; I did not have the letter at the time I wrote this. - Q. You stated that they had a case of the glanders? A. It was in the winter. I did not know whether they had or not. Q. What do you say in that letter? A. If you will read me the passage you refer to—I am glad to have you press this matter. Mr. Southard :—You say, “I have also a letter from Wes- ley which I will send you when I get home and from what they say they must have a case of glanders ; but it is twenty- four miles from the steamboat landing, (M)—thirty-six miles from any railroad, so I think we had better stave them off for awhile.” Now, I would like to know— Witness :—What is the date of that letter ? Mr. Southard :—April 10th. I would like to know how you reconcile “staving” off a case of the glanders when you showed so much anxiety to get hold of this Kent bull? Witness :—I am very glad you called my attention to it. The first letter I got from those gentlemen gave me an im- pression that they had a case of glanders down. I wrote them 167 a set of questions, and I found it was a bad trip to make ; and I asked them to answer the questions I wrote them and I would judge whether they had acase. The answer I got satisfied me they were deceived themselves, and I didn’t go, and never heard about it from that day to this. Q. And at that time you were “staving” off a case of the glanders, from all the evidence you had? A. The first letter I got from them I judged they might have a case of glanders. (Letter dated “Portland, Oct. 11th, 1886,” read and introduced as evidence, as follows :) Portland, Oct. 11th, 1886. Dear Sir :—I have sent you several communications which are unanswered for the reason, as I suppose, that you have been away from home. [ also wrote Gov. Robie, a week ago, but have received no answer, and also wrote Goy. Elect Bodwell, sending him some documents that were not in his possession, by all of which I suppose you will say I am getting anxious about ‘‘pleuro-pneumonia,” and so Tam. Isent youaslip this morning, that you may have seen. [ also received this morning a letter from Mr. Kent of Bucksport, complaining that nothing has been done in his ease, and as you are well aware that I do not feel at all satisfied inyself as to the future of that and some other cases connected with the College farm, I have felt like leaving them to your disposal, as you are to remain upon the Board in any event, while my commission and that of Ferguson will expire with Governor Robie’s term of office. I understand the Governor and Council are to meet at Augusta, Wednesday, Oct. 14th, and as I think | will be able to take a ride by that time, I will come to Augusta, if you are to be there Wednesday, and see if something cannot be arranged for our present and future protection, in case anything happens while I am still a member of the Board. Please let me know if you will be at Augusta, And greatly oblige Yours truly, Geo. II. Bailey. Mr. Southard :—With reference to the Waterboro’ cattle, you recommended that they be fed off for beef? A. I did, finally. Q. Why didn’t you make the same recommendation with regard to the Kent bull? A. I did; I wrote Mr. Kent that I believed that the bull’s beef was safe to use, after seeing the lung. Q. Why didn’t you recommend it before you killed him? 168 A. You couldn’t feed him off to beef, after we killed him. Q. Do you know what I mean by feeding a cow off to beef? Don’t be funny, because when you are funny you are out of your element. Witness :—Selling him for beef, I iademtond you. Mr: Southard :—I mean that he fattens him. Witness :—I may have misunderstood you about it. I sup- posed you said selling him for beef. Mr. Southard :—We don’t want any fun. Witness :—We won't have any, I think. Q. Did you use your influence to get him to feed that bull off for beef? A. I would say that I made the suggestion to him upon it. I am rather inclined to think I did. Q. What did he say about it? A. I can’t tell you that. I won’t say positively that I advised him so to do. Q. If he were killed at the expense of the State he would be a dead loss? A. Yes, sir, he would; as a diseased animal. Q. You would rather make him a dead loss to the State than to have Mr. Kent feed him off for beef. A. That would depend upon the developments ;—whether he was fit for beef or not. (Letter dated “Portland, Apr. 8th, 1886,” was read, as follows :) Portland, April 8th, 1886. Dear Gilbert :—I was expecting to go to Connecticut Monday morning, but got word from Goy. Robie this morning that he had a telegram from Frye, that the Department was to send some one from New York to in- spect the cattle at Orono. So he thinks I had better not go, as I may be needed here before I could well get back. The Governor suggests that you go to Augusta, upon receipt of this letter, and you will then be on the line, so he can telegraph you when we start, and you go with us from there. Whoever is coming may be here very soon, but if Salmon could not come I would rather not had anyone but have ‘‘gorn it alone.” Yours truly, Geo. H. Bailey. 169 Chair :—Let me ask a question: do you raise the issue here that this matter of tuberculosis should not have been looked into, and all infected cattle destroyed ? Mr. Southard :—Not at all. Chair :—What is the issue you propose to raise? That is what I want to get at so as to see the bearing of the examin- ation. Mr. Southard :—We do not believe that this herd during the summer of 1885 was generally affected with that disease. We do believe that in 1886, that winter, all the conditions being favorable, and they being exposed to the cough of Betsey and Pet, they took the disease at that time, and that these bulls that have gone from the farm, and this Kent bull, were all right; and that this cow that has gone to Bangor was all right. Chair :—“The proof of the pudding is in the eating of it.” Do you raise the question that those bulls should not be ex- amined ? Mr. Southard :—Not at all; but we do say, Mr. Walton, that it is entirely unfair to the people of this State and its cattle interests, to have-this thing go out—that these bulls are dis- eased. Chair :—Is it not much better to have the idea go out that those bulls may be diseased, than it is to undertake to prove the fact that the whole State is diseased and that it is not only in the College herd, but that it is scattered all over the State ? . Mr. Southard :—Mr. Bailey has tried to make it appear I say Mr. Bailey and his cbunsel—that this State College at Orono is the only thing that is spreading this disease over the State. They spread that out here effectively. We know a good deal better. It is not all down there ; it has not been there generally amongst that herd, during all this time. Chair :—I understand that is conceded—that there are other cases in the State. The only object I have is that L desire to know the point that you raise; because, of course, we want to be able to apply the evidence as it comes along. 170 Mr. Southard :—At present I believe that is not fair to the owners of those bulls that have gone out, and the people of the State of Maine. The report that they have tuberculosis is unfounded. Chair :—W ould it not be a good plan to examine them and see whether it is or not? What is the object of spending two or three days here to prove the fact whether they have got tuberculosis or not? Mr. Southard :—How are you going to find out? Chair :—Go and see whether they have or not. Mr. Southard :—Are you going to kill them? Chair :—I don’t know; I am not going to. Mr. Cornish :—What is the issue now? Mr. Southard :—The issue is that that herd was not gener- ally diseased during the summer of 1885; that those bulls are not diseased in all probability to-day. The issue which has been attempted to be made by certain persons here is the issue of Mr. Gilbert’s good faith; that is all. And we want to show that his practice and what he has stood up to is sanctioned by law, and by letters from standard veterinary surgeons. It has been attempted to show that he did not do his duty. Chair :—If the trustees of the State College had been as ‘ careful about obeying the law when they authorized a man to buy stock as they were when that tuberculosis came out, I do not believe there would have been all of this trouble. They authorized a man to go out there to buy stock and start in stock-raising— Mr. Southard :—They took a part of the interest money which they had a right to spend—no, they borrowed money. Chair :—What is the difference whether they borrowed or not? They furnished it to him in the first place. These cattle, as I understand, were reckoned as State cattle. Mr. Southard :—I want to say that Mr. Gilbert acted in perfect good faith; whatever he did was sanctioned by the veterinary surgeons. It has been attempted by certain per- sons to cast a reflection on Mr. Gilbert; and the organ of t 2 | this person, in to-day’s issue, states it, in so many words, that Mr. Gilbert has been sadly negligent, and has been guilty of a want of good faith. It seems very wrong. (A letter from Dr. Michener was read, as follows :) New York, Feb. 21st, 1887. Z. A. Gilbert, Esq. Dear Sir :—Owing to the fact that I have been moving the past week, your letter is as yet unanswered. In my opinion your State acts very wisely in ordering an examination of descendants of the College herd. This should be a thorough examination—and in the event of finding any such descendants affected with tuberculosis, the State could not possibly do less than purchase and destroy such animals. There is no reason for destroying the ‘‘entire herds” in which may be found descendants of the College herd that are affected with the trouble, as would be advisable in case contagious pleuro-pneumonia was the disease in question, but only to destroy those actually and unmistakably dis- eased. It is only in a very few instances that such action as was taken at Orono is to be sanctioned and sustained. Iam surprised that any should recommend the destruction of off-spring from the College herd that are ‘“tsound and well and always have been.” Such animals should not be destroyed—but all such should be examined by competent authorities to ascertain if in fact they are ‘‘sound and well.” You well know it won’t do to judge by external appearances, etc. In my hurry this morning I may not have answered your queries fully, in which event please write me again and I trust then to have more time to give you. Sincerely yours, Ch. B. Michener, V.S., 1779 Broadway, New York. Witness :—I believe in that; I have always agreed with this letter. (A letter from Dr. Salmon was read, as follows :) Dr. G. H. Bailey, 1 Pine Street, Portland, Me. Dear Doctor:— In reply to your favor of the 21st instant, asking for recommendations in regard to the action that should be adopted with the outbreak of tuberculosis at Orono, I would give it briefly as my opinion: Ist, that all animals which show clear evidence of tuberculosis should be slaughtered at once. 2nd, that those in regard to which there is reason for doubt should be placed by themselves and carefully isolated, and that 172 constant disinfection should be kept up in their stable. 3rd, that those which to all appearances are well should be placed, if possible, in a new stable or on a piece of ground to which the affected animals have not had access, and should be kept under careful supervision. Any new cases which should develop among these should be removed as soon as possible. Of course, the stable where the diseased animals have been should be cleaned and disinfected in the most thorough manner and no animals allow- ed in it for a considerable time. You will notice that my recommendations are such as would be made for any virulent contagious disease of slow incubation and in which the virus has considerable power of resistance to external conditions. My belief is that the more we cut loose from old ideas of tuberculosis being a hereditary disease, and the more we treat it as a contagious plague the more successful will be our efforts to control it. Trusting that these suggestions will prove satisfactory, Iam, Very respectfully, D. E. Salmon, Chief of Bureau. Witness :—Nobody would argue from that, that the disease is not hereditary. Mr. Southard :—Not at all. (Letter dated “Portland, March 21st, 1886,” was read, as follows :) Portland, March 21st, 1886. My Dear Sir:—Enclosed find Salmon’s letter, by which you will see he declines the invitation to come to Maine. I have written him upon re- ceipt of his decision, full particulars of the outbreak and present appear- ance and condition of the herd. Now what do you propose? If we are to go there to exterminate all animals that present lesions of the disease, it is going to be a very nice distinction to make in some of those cases, and I much regret Salmon’s decision, as I shall approach a decision in some of these cases with much reluctance, if obliged to do so single handed. As soon asI hear from Salmon again I will let you know. . Yours truly, Geo. H. Bailey. Mr. Southard :—It says it never was the intention of any one to kill apparently well animals. Mr. Cornish :—Don’t argue the case now. (Letter dated “Portland, Oct. 16th, 1886,” was read, and also a postal card from Mr. Bailey to Mr. Gilbert, as follows :) 173 Portland. Oct. 16th, 1886. Dear Sir:—I am just in receipt of your letter of the l5th, saying you shall eall “all the board” together on Wednesday evening at City Hotel. We have been struggling along for a year past with an indefinite number, but I found out one thing by going to Affgusta, and that was, that both Ferguson and myself were not members, our commissions having both ex- pired Sep. 22nd, and I had to be reappointed Wednesday evening, in order to finish up the business of the year, which I hope to do with a “clean bill of health.” You can see therefore it will be of no use to notify Mr. Ferguson, for he is no longer a ‘member of the board.” Not knowing that you were aware of the fact, I write at once to inform you. Yours truly, Geo. H. Bailey, V. 5. Portland, Oct. 26th, 1886. Dear Sir:—Be kind enough to give me your answer to the proposition in regard to Kent’s case, and also other items in my letter of the 23rd. Mr. Kent is anxious to have the case disposed of, so Mr. McAlister writes. Yours truly, Geo. H. Bailey, V. 5. Q. I want to know if you did, as a matter of fact, see any position to cover up or conceal anything down there? A. I never have seen a single thing on the part of any of the trustees. Q. Has not Mr. Gilbert given you all the facts you have asked for? A. No, sir, he has not. Q. He is one of the trustees? A. He is one of the Cattle Commissioners also. You called my attention, very pointedly, to that case of glanders where you criticised my action in “staving it off.” Mr. Southard :—I don't criticise your action, Doctor, in staving it off, at all. But I want to know why you should appear to be so very anxious to get at this Kent bull, and at the same time neglect a case of the glanders? A. L investigated that case of glanders and found it was not a case, in my opinion. It was a long route; an expen- sive one to the State; it proved eventually that I was right. They wrote me they didn’t have a case. On the subject of glanders I want to read another letter I have—forwarded to 174 me by Mr Gilbert. “Some time in June there was a case of glanders reported at Patten. It was a long route,” etc. Upon the back of the letter I received from Mr. Gilbert I received an indorsement of his opinion. I found a red hot case of glanders in the public stable at the hotel, in Patten. Here is what Mr. Gilbert says upon the back of the letter : “the fore- going was received after the other letters. I don’t believe there is any glanders there. We don’t want to incur the ex- pense of a trip down there ona probable fool’s errand. I have a pile of letters notifying me of cattle diseases ; but am staving them off for the cattle to get well.” I want to know what you have to say to our Cattle Commissioners “staving off” a pile of letters, from the municipal officers, to allow the cattle to get well. Mr. Southard :—I have only to say that I didn’t criticise your action because you staved— Witness :—You don’t now, because, in doing that you would have to criticisé your client. I didn’t know anything about your client. I told you honestly. Mr. Southard :—I told you honestly. Witness :—I investigated the case; it proved not to be a case of glanders. Mr. Southard :-—Here is one case where you are very anxious, another where you are staving it off. Witness :—I am very anxious when I think my duties lead me in that direction. (Letter dated “Portland, August 8th,” was read in evidence as follows :) Portland, Aug. 8th, 1886. Dear Gilbert :—I enclose to you some documents that I deemed of suffi- cient importance to receive my prompt attendance, and went to Bucks- port on Wednesday, and met Mr. McAlister, who took me to Mr. Kent’s place. The latter is a farmer with a large stock of cows, from which he supplies the city with milk, and he also keeps a bull fer public service. This bull he purchased at Orono, and he is apparently a well animal, with a normal temperature and sound lungs as far as can be tested by percussion, and is about a year old. He has covered but one cow, and was estopped from further use of him by orders of Mr. McAlister, until my inspection of the animal. 175 Mr. Kent is a shrewd old man who has carefully read Michener’s report, and has it all by heart, especially where he expresses the opinion that no calf from one of those tubereulosed cows at Orono would ever arrive at maturity free from the disease. He also tells me he has a letter from you, advising him to use that bull for publie service. Now, the bull having come from one of the cows we killed, at the Col- lege farm, I can hardly see my way clear to concur in that advice, but I have promised Mr. Kent that I would correspond with you at once, and let him know our decision. I called to see Mr. Hatch at Bangor, and found him at the County Convention, trying to get nominated for Senator, so I could not get his ear. What shall we do? Please return the cor- respondence. Yours, Geo. H. Bailey. Q. You had a conversation with Mr. Gilbert subsequently to your going to Bucksport ? A. Not in relation to the Kent bull. The first notice I ever got was from Mr. McAlister—selectman of the town— ordering me to go there. I wrote Mr. Gilbert and corres- ponded with him afterwards, not before. (). Did you have a conversation respecting your visit down there? A. I may have had some time since that; I don’t know when. I don’t know how late after that. Q. You never understood him to criticise your action in answering the request of the Selectmen ? A. He says in the other letter he wrote me he didn’t think it warranted a visit or taking action in it. Q. Did not you have a conversation afterwards in which he said he did not find any fault with you, personally ? A. I was taken sick afterwards; I won’t say that we did not; we had some talk before that. Q. Just tell what Mr. Gilbert concealed from you? A. I say that I do not think that he has treated me quite so fairly as I have him. I think those cases reported to him —he should have notified me about them. I think “staving them off” to allow the cattle to get well was the height of in- discretion. If those cattle had pleuro-pneumonia, or the foot-and-mouth disease, in twenty-four hours it would have 176 gone over the State. I didn’t “stave off” this case of glanders. I investigated to see whether it was a case of glanders or not ; I did not propose to offer this letter unless you pressed me so hard as you did about the other matter. (Letters dated Bucksport, Sept. 18, 1886, and Portland, Oct. 7th, 1886, were read, and are as follows :) Bucksport, Sep. 18, 1886. Z. A. Gilbert, Esq. Dear Sir:—-Mr. Kent of this town has a bull he purchased at the State College farm and he has been kept away from his other cattle tor some time since last March. Dr. Bailey was in our town and looked the bull over and was to have the matter settled, what was to be done with the bull. I enclosed a letter from his wife which explains itself. As Mr. Kent is keeping the animal up at some considerable expense I hope the case will be disposed of one way or the other. The peeple in this section feel that the bull ought not to be used owing to the fact that all of the cattle on the tarm at the State College were killed, and as this creature was raised from one of the cows that were killed, and also the bull, and the Commissioners made such a report after giving the subject careful consideration, it seems but justice that the bull sold to Mr. Kent by the State ought to be treated the same and killed and not wait until the disease is transmitted to other cattle and then have him and the whole herd killed. I presume you have had the matter care- fully considered, and will you please advise at to the result. Respect. yours, G. W. McAlister. Chair. Selectmen. Portland, Oct. 7th, 1886. My Dear Sir:—In view of the near approach of your assuming the office of Governor of Maine, together with your well recognized leader- ship in everything pertaining to our cattle interests, will I trust be deemed sufficient excuse for my intrusion upon your notice at this time, of the constant danger by which we are menaced, in consequence of the recent importations and outbreaks of pleuro-pneumonia at Quebec, and throughout the West, and of which I entertain a most serious apprehen- sion. The State Authorities of Massachusetts are moving promptly in the matters, and I enclose to you a cut from this morning’s paper, re- lating thereto. Ialso enclose notice of the disappearance of 250 head last Sunday at Chicago. I also send you the October number of the American Veterinary Review, Page 311, with the request that you forward the paper to Hon. Z. A. Gilbert, at North Greene, as soon as you have read it. 177 You are no doubt aware of the recent prompt disposal by the Canadian Authorities of a valuable herd of Hereford and Angus cattle at Quebec, but [ have information that two herds of cattle who have been in the im- mediate neighborhood of these infected cattle, were allowed to be taken to the Ohio State Fair. where they were advertised last week to be sold at auction upon the Fair Grounds, but the permission to sell was with- drawn, as soon as the managers learned of the outbreak at Quebec. ‘There are also some remnants of tuberculosis, in connection with the College herd at Orono, which in my opinion should be promptly disposed of, and to which I have earnestly called the attention of Governor Robie and his Council, but which for some reason do not seem to receive their co-opera- tion and support. The Attorney Generai of Massachusetts has decided that the Cattle Commissioners cannot act separately in these matters, and there are other cases recently called to my attention, but which I cannot well communicate in this letter. I hope to receive your co-operation and aid in the enforcement of what little law we have. a subject I deem of vast importance tousall. While I remain, Sincerely yours, Geo. H. Bailey, V. S. Hon. J. R. Bodwell. Chairman :—Is there any other gentleman present who desires to ask the doctor any question? This is a public hear- ing and if any gentleman desires to ask any questions for in- formation he is at liberty to do so. President Fernald said that he knew Dr. Bailey had man- aged the case very judiciously, carefully and wisely. Mr. Southard :—He had the co-operation of the trustees and of the Governor and Council. Chairman :—The doctor evidently understands that he had the co-operation of the trustees, and he has distinctly stated that with one exception he had no fault to find with them whatever. Am I right? Dr. Bailey :—That is true, sir. Q. I would like to know if at the time that herd of cattle was killed at Orono you found anything kept back by Mr. Gilbert whatever ? A. No, sir; he acted with the fullest and most hearty co- operation. He never failed to give me all the facts up to the time of the Kent bull. We have acted harmoniously in every instance until we came to that, I except the case of the Kent bull. 12 178 TESTIMONY OF M. C. FERNALD. Q. Has the milk from the College herd been used in the families and boarding-houses on the College farm prior to the herd being destroyed? A. The milk was not used at the boarding-houses; it was used in Mr. Gowell’s family and supplied to one or two fam- ilies on the farm. The janitor got his milk there and I think the assistant farm superintendent had his milk from the farm ; but the other families had not had the milk from the College farm for three or four years. When Mr. Rich was there the milk was supplied to the boarding-houses and to the families on the College premises, but since Mr. Gowell has had charge that has not been the case. It was not used after the nature of the disease was suspected, so faras I know. ‘The use of the milk before the disease was detected had no bad effect upon the persons using it that I ever learned. After it was known that there was trouble in the herd the use of it was abandoned. TESTIMONY OF MR. GOWELL. There was a family of small children at the janitor’s and — also at a farm hand’s. The milk was used up to the time of the notification of the Cattle Commissioners, March 5th. Children and adults used the milk up to that time. Quite young children used of the milk. I have not heard of their being sick from it. After the herd was declared dis- eased, I gave the milk from the better animals to the pigs and that from the poorer ones we threw away. We never dis- covered there was any difficulty arising from its use, and dur- ing all the years past raw skim milk had been used as pig feed. At first it was told by the man who slaughtered the hogs that there was trouble with them, and that statement went out. I went to him. I think I went to him after the slaughter of the cattle, relative to it. He said our hogs were not different from those that he bought from other parties. So there was no foundation for the statement. For the first two 179 or three years President Fernald’s family was supplied with butter from the milk. During ’85 up to January first from sixty to seventy pounds of butter a week were made on the place. That was mostly disposed of in Bangor. — Sales of butter were made up to the time of notice to the Commis- sioners, when our suspicions were aroused. TESTIMONY OF HALL C. BURLEIGH. Chairman: —Have you any knowledge, Mr. Burleigh, in relation to the facts that we are required to examine into? Mr. Burleigh :—I do not know that I can throw any light on what has already been said. It would be merely taking up time. I was there when the killing occurred and I looked at all there were of them. Those in the south end I should think were the worst. I did not see those in the other ead killed, but came home. I should disagree as to the appear- ance of the cattle in the barns. I saw them when the Com- missioners were first called. I think I could not have stayed in that barn long without discovering disease there. Chairman :—How would you have discovered it ? Mr. Burleigh :—The first thing that would have attracted my attention would have been the manure that was behind the cattle. That is something I always watch very closely. The dropping was very dry and appeared like that of cattle having a fever. Their condition was very good for a dairy herd of cattle. I went into the barn in the morning. I think Mr. Gowell went up with me fn the forenoon. In the after- noon I noticed labor in the breathing and a certain uneasiness among soine of the cattle, and my impression is now there were some of them that had not been considered affected. They were in the new barn. Some of them seemed to be laboring very hard and breathing as you will often see them when they are hurried up hill, or something of that kind. I went into the cellar and saw the same state of things in regard to the dropping from the cattle—very dry. Chairman :—Didn’t a good many of these animals look as though they were good for beef? 180 Mr. Burleigh :—There was one steer that was killed whose meat looked very nice indeed, and if he had not been in that herd, if I had seen him killed on another farm, I should not have hesitated to eat it. He did not appear to have so much about his lungs as the others. ‘T'wo steers were killed while I was there. The other steer was very much more diseased. One was what we consider a very pretty carcass of beef. Chairman :—Was it your judgment to kill those cattle? Mr. Burleigh :—Yes, sir, by all means. I should have thought the Commissioners, Governor Robie and the whole concern that had anything to do with it very remiss in their duty if they had not killed them. I had heard about this disease before, but never saw a case of it that I know of. This stock was mostly Jersey and some Shorthorns. A Short- horn is what we sometimes call a Durham. I did not notice any Herefords there. I think there was abundant law to take up those bulls and either quarantine or destroy them, as the Commissioners thought fit to do. TESTIMONY OF MR. GOWELL resumed. The Jersey Lily did not have a “bad cough” at the time she died. Her lungs were not examined at all. That heifer and Brownie were not examined. The only two that were ex- amined were the two cows that were slaughtered in the spring of ’86. Dr. Bailey :—If you had been present you would have noticed that I had made the modification. He told me after- wards there was a mistake about it. I admitted he was more likely to be right than I. The impression has gone out here, and it has been generally entertained for a day or two, that I did not.recognize that disease and did not know it until after I had gone into the field and seen the lung of that cow. Prof. Balentine, will you please state whether that is true or not? I merely ask you to state such facts as you know yourself. Prof. Balentine :—I will say from remembrance that the first that I heard, Dr. Bailey said he was sure the disease was 181 tuberculosis, and | am satisfied from what had been told him that he knew what the disease was before he went iato the field at all. The tirst that he said, that I heard, was after he came back from the field. He had not made a thorough ex- amination of the herd at the time he went into the field. As my remembrance of it is, he had examined the Princess Alba on one side and had supposed that he would not find her dis- eased. That was on the right side. When she was slaugh- tered that lung proved to be sound. When he came back I asked him to examine the cow again, and he did so on the left side, and as soon as he commenced on her he said, “ There is trouble here,” and I am thoroughly satisfied that Dr. Bailey understood what he was about there. Mr. Southard :—You say the right lung was practically unaffected. Dr. Bailey :—I think he has got that reversed. Prof. Balentine:—One of the lungs was free when she was slaughtered. No one in my hearing at the first examination questioned Dr. Bailey’s professional skill in determining the character of that disease, at the first examination. (The following papers and correspondence were identified, and read in evidence. ) MAINE COLLEGE FARM. Superintendent’s Office, } Orono, Me., Sept., 7, 1885. Mr. Kent: Dear Sir :—I will ship the ealf by railroad Wednesday forenoon and he will probably arrive at your station towards night, same day. Payment received in full. The sire of this calf is ‘‘Ginx of Cream Brook,” registered in the ‘tA. J.C. Club.” His dam is the cow ‘Princess Alba” registered in the “M.S. J. C. Association.” I should like to hear how you are pleased with him when you receive him. Respectfully, G. M. Gowell, Supt. 182 (Affidavit of Seth W. Kent.) To whom it may concern: This is to certify that I purchased of Mr. G. M. Gowell, Supt. of the College farm, one bull calf on ur about Sept. 7, 1885, and during the month of March my attention was called to the dis- ease among the cattle at said farm and also the action taken to destroy said herd. I being anxious in reference to my own herd of cattle, having some 20 cows and was trying to improve the stock, I wrote Mr. Gilbert, Sec. of the Board, asking his advice as to using the bull for stock pur- poses, (as the sire was Ginx Cream Brook, registered in the ‘tA. J. C. Club,” and the dam is the cow Princess Alba, registered in the M. S. J. C. Association, and were both killed.) I was very anxious to have good authority as to using him. Mr. Gilbert wrote me advising me to keep the bull and use him. I called the attention of the Selectmen of the town of Bucksport to the matter, being very anxious as to the future of my herd, and they were very much opposed to his being used. This was some time in May, 1886. In July, 1886, I gave the municipal officers of Bucksport a written notice that I had good reason to believe that I had a diseased animal in my herd, and soon after Dr. Bailey, in company with the municipal officers, visited my place, and made an examination of the bull, and while he would not pronounce him diseased he was much opposed to his being used; and after some correspondence with Dr. Bailey the bull was killed and the lungs sent to Portland to Dr. Bailey, he sending me twenty dollars to aid in getting him out of the way and having him killed. Mr. Ferguson visited my place and he advised the killing of the bull and not to be used for stock purposes. , Bucksport, Feb. 1st, 1887. Seth N. Kent. I certify that as far as I have had anything to do with the aforesaid animal, the foregoing statement is true. G. W. McAlister, Chair. Selectmen. U. S. Department of Agriculture, Bureau of Animal Industry. Washington, D. C., March 18th, 1886. Hon. M. C. Fernald, Pres. Me. St. College, Orono, Maine. Sir: Your letter of the 12th instant to the Commissioner of Agriculture has been referred to me for reply. I should be very glad to give you any assistance in my power but find it impossible to leave Washington during this season of the year. I have no doubt that Dr. Bailey’s diagnosis is correct and I think he will be able to give you all the professional advice that is necessary. 183 I should advise you to have all animals slaughtered that show symptoms of the disease and to move the others to a different stable, if possible, in any case to have the stable in which the animals have been standing thoroughly cleaned and disinfected. Very respectfully, D. E. Salmon. Chief of Bureau. Oldtewn, Me., March 2d, 1887. The cow recently killed by W. C. Miller of Bangor, the lungs of which were sent to Augusta, was bred by me and sold to the said Miller two years ago. She was froma cow which I bought of Michael Hanson, then of Palmyra. The bull that sired this cow killed by Mr. Miller was bred by Benj. Stevens of Stetson, and sold to Wm. Smart of Parkman. This dis- eased cow was in no way connected to Dr. North’s herd as has been erroneously stated. Sanford Stevens. Portland, Aug. 2, °86. Dear Gilbert: Yours of yesterday received. Of course I went to Orono, just as I wrote you last Sunday. (and I knew you had not received my letter when you wrote), so not hearing from you to the contrary T went way down there Monday afternoon, aud out to Orvuy in the rain ou ‘lues- day morning to find myself April fooled. I wrote you I had notified Gowell, and he was looking for us both. I hate to go right back, but I suppose we might as well attend to what we have to now as anytime, but I can hardly see any need of notifying Ferguson, as he went there last week on his ‘‘ own hook” and staid two days, but Gowell says he cannot see what for! I have a letter from Salmon giving me his recommendations in full, and the only thing he suggests different trom what I proposed to do at our first meeting, is in regard to disinfection of the stables. So I can hardly see why we need him. Of course we shall be criticised. We were in the “foot-and-mouth” cases, if you recollect, but we made out to live through it, and in the present case, I am ready to take action now, as I shall ever be, and as willing. I have written nothing more for the Home Farm, and am not liable to say any- thing of which you will not fully approve. I have written the selectmen of Wesley for full particulars of their case, and when I hear from them will decide what to do. I shall leave here Monday noon for Orono. Geo. H. Bailey. Portland, April 15th, °86. Dear Gilbert: We waited for you all the rorenoon yesterday, and not until afternoon did I get your letter. Governor Robie still thinks he can get Salmon here and I prepared a request for him to come, which is to be forwarded to 184 Frye. All agree that we should be criticised if we should recommend the indiscriminate slaughter of the herd. As soon as Salmon is heard from I will notify you, but answer please before three days. Shall you be in Au- gusta the 27th, when the Council meets? Yours truly, Geo. H. Bailey. Portland, 12th, 1886. Dear Sir: I am in receipt of your letter of the 18th, probably written before you received my second letter written yesterday, or you certainly would not say to me as you do that ‘we have no evidence that this bull came from any other than sound parentage” as I enclose you Mr. Gowell’s letter in reply to miné asking what cow was the dam of the young bull at Bucksport. After reading my letter of the 11th if you still adhere to the same opinion I shall abide by it for the present, but I know it will not satisfy the selectmen of Bucksport of whom Mr. McAlister seems to be a very intelligent man, and fully disposed to press this case to a satisfac- tory conclusion. As to their call on me to attend this case. If *‘you do not think it warranted a visit from me” how am I to distinguish between what I ought to attend and those I had not? For I have never received a call apparently more in earnest than this one, and one in which I felt my- self it was my duty to attend when I came to kuow the calf was from the herd at Orono. His dam now proves to have been ‘*Princess Alba” one of the worst, if not the very worst case at Orono, and her lungs presented all the lesions possible for tuberculosis to assume. This was the case Balentine told you I called a “beautiful case.” I think now it is important that we agree upon some action to be taken, although if you still adhere to your present position, I can not now see my way clear to do so, but am willing to allow the matter to lie for the present or lay it before the Council for their opinion if you think well of so doing. We have so far encountered no criticism in our management of the Commission we cannot successfully defend, and as my term of office will probably expire with Governor Robie’s ‘term of office” I would not like to make a mistake now. I am yours sincerely, Geo. H. Bailey. Portland, Oct. 29th, 1885. Dear Sir: I am in receipt of yours of the 27th, containing four letters, three of which were from Etna and one from Kennebunkport, neither of which were sent for by me as they relate to matters which have been long since settled. If you will refer to my letter again you will notice that I specified three letters, the first from Scribner (which you asked to keep a little longer) the next from Mr, Gowell in relation to Kent’s bull, and a ; postal from Mr. Chase. ‘hese are a part of my records, and may be of — C or service tome. Mr. Bell did call on me on ‘Tuesday, and I showed him MeAlister’s letter, and while he fully agreed with me that the proposition was a liberal one on Mr. Kent's part, and ought to be settled, we were not at all sure we had a **quorum of the board” as, if Mr. Ferguson is a mem- ber as he says he is (Governor Robie having continued his coiinission), we could not be certain whether he would concur with your views or ours, upon a final vote, although he said to me informally he thought every one of the young bulls should be killed or castrated. Consequently no action was taken officially, but another letter from Mr. Kent, request- ing immediate action on his case, precipitated action upon my part, and rather than have avy more disagreement or vexation about this case (and you still opposing any compromise whatever), I concluded to offer to Mr. McAlister to settle the matter upon my own private account, and am just in receipt of his letter of acceptance of my offer, and the bull will be killed at once. This action upon my part will in no way compromise the Commissioners, or commit them to any future action in regard to other cases that may arise similar to Mr. Kent’s, after I am no longer a Com- missioner. The cost of settling the matter as I have I shall regard of no consequence to me, compared to the result that will be attained, and I shall feel that I have discharged my duty, in the only case connected with the College farm that I have been allowed to know anything about. I can see-no- good to be accomplished by going over the ground, as regards our difference of opinion upon these particular cases, for they are so far apart that there is no probability that either of us could draw up a report that both of us would sign. Besides if Ferguson is still a member, you will have the legal and proper number (three) still upon the board to make up a majority report. As for my own action about these cases, I am perfectly willing to await what develops and results, as the only vin- dication I shall need, either at the hands of the College or the State. As soon as I can go to Orono to inspect the buildings, I will make to you my final report of what I find, as Mr. Gowell writes me the dressing will all be moved from the cellar within a few days. [am yours truly, Geo. H. Bailey, V. S. Majority Report of Commissioners for Maine on Contagious Diseases of Animals. j- To the President of the Senate and Speaker of the House of Representatives. The extensive and disastrous outbreak of tuberculosis at the State College Farm was for the first time brought to my attention during the first week in March, 1886, at which time I received a telegram from Z. A. Gilbert, chairman of the “Board of Cattle Commissioners,” to go at once to Orono and inspect the College herd, which at that time numbered over fifty head of thoroughbred Jersey and Short-horn cattle. Arriving at the farm, I for the first time met with President Fernald, Professors Balentine and Jordan, and Mr. G. M. Gow- ell, the efficient Superintendent, who afforded me every facil- ity to examine the animals, and from whom I received such information and history of their cases as enabled me promptly to come to the conclusion that a large proportion of the ani- mals were affected with tuberculosis, perhaps better known to the public at large as phthisis pulmonalis or consumption. The result of subsequent examinations and consultations with the State and College officials, and finally with Dr. C. B. Michener, who was detailed for this service by the Commis- sioner of Agriculture at Washington, culminated, as is now well known, in the condemnation and destruction of the whole herd. As this is the first case on record in which an entire herd of anything like this number and value have ever been destroyed as the result of official investigation, and as some most remarkable and interesting features of the disease have developed in tracing its origin and progress, I feel obliged to go at some length into such dry details of individual cases as have a direct bearing upon some animals connected with the College herd, which are now in my opinion a constant menace (189) 190 to the future cattle interests of Maine. The outbreak at Orono has probably invited more gratuitous criticism and at- tention from stock owners and the general public than would have attached to any other public or private enterprise, owing in great part to the prominent position to which the State College has attained as a teacher and promoter of scientific advancement and progressive farming in this State; and I believe the Trustees and Faculty of the Institution, as well as the Cattle Commissioners, should challenge and invite the full- est inquiry and investigation into both causes and results, to which the public are justly entitled. At the time of my first visit | found the buildings in which the cattle were contained were among the best and most com- modious I had ever visited, and that every provision for the maintenance of perfect health among its occupants had been fully and amply secured. An abundance of sunlight and pure water, scrupulous cleanliness, sufficient and wholesome nu- trition, thorough drainage, and ventilation so perfect that the air was almost as pure inside the barn as out,—all contributed to the uniformly fine appearance of this high-bred herd, which proved so deceptive (upon further investigation) that, had it not been for the persistent and pathognomonic cough by which they one by one betrayed their real condition, I should have much doubted the correctness of my decision. The rough coat and arched spine, the difficult and labored res- piration, the sunken eye and pendulous abdomen, with ex- treme debility and emaciation, were nearly all absent in this herd, the judicious attention to hygiene, and the untiring care- taking of their faithful Superintendent, accounting in a great measure for the slow but sure development of the disease, a circumstance that so long deceived the attendants and College officials themselves as to their true condition. Many of the animals were also pregnant, and it is a well-known fact that increase of the tubercular growth is then held in abeyance, the energies of the nutritive processes of the body being di- verted to the nourishment and growth of the fcetus, while af- mm | 191 ter parturition the system is for a time debilitated, and rapid extension of tubercle is favored. Individual members of the herd were of great excellence, several cows having “butter records” of 164 pounds per week, while 150 pounds of “gilt- edged” butter was heing sold in Bangor market weekly. About ten days before my visit the Jersey cow Pet, No. 40, P. M., fourteen years old, had become so emaciated that she had been killed, and lay frozen in the field adjoining the sta- bles, and this cadaver furnished me with ample opportunity to verify my diagnosis. From this cow I obtained the lungs, and a cross-section of the pulmonary tissue revealed the pres- ence of numerous yellow tubercles, large and small cavities filled with a muco-purulent mass, others with caseous mate- rial. The lungs presented the identical lesions afterwards found in most of the animals at Orono, and of the peculiar metamorphosis which tubercles undergo, those of caseous de- generation afford the most favorable conditions for infecting the expired air of diseased animals. At the time of my sec- ond visit, March 12th, from among ten or twelve cows I had previously ordered isolated from the others, I selected two Jersey cows, Princess Alice, No. 44, P. M., and Princess Alba, No. 27, P. M., (the latter I then regarded as a typical case), and had them destroyed for post-mortem examination. Princess Alba had a temperature of 103 3-5°, marked emacia- tion, and dullness on percussion over the right lung, while aus- cultation clearly disclosed humid crackling or gurgling rales. The autopsy revealed an extraordinary amount of disease. The lung, pericardial and pleural membranes were loaded with deposit, which hung like bunches of grapes, exhibiting a perfect case of what is known as “angleberries.” parts there was scarcely a remnant of proper lung-structure detectable, while others contained large tubercles filled with caseous material and also cavities connecting with bronchia, whose contents had been expectorated or absorbed. The bronchial glands in this case had attained enormous dimen- sions, the thymous weighing several pounds, and altogether In some 192 the lesions were as extensive and varied as in any subsequent autopsy. I shall have occasion to speak particularly of this cow again as the dam of the “Kent bull” of Bucksport. The lungs of Princess Alice were studded with miliary tubercles scattered throughout them, while the bronchial lymphatic glands contained calcified material that grated under the knife when attempting to cut it. Mr. Gowell wrote me on March 20th: “There is not a very marked change in many of the cattle, but in others, particularly those isolated in the stable, the process of ‘wearing out’ is going on actively, and every day’s developments go to sustain my conviction and opinion expressed before notifying the ‘Board of Commissioners’ that the entire herd was doomed. Unpleasant as it was, I was forced to recognize the truth.” On April 6th, the Commissioners met with the Governor and Council, at Orono, when the herd was again inspected and final action recommended at an early date. I then suggested to Governor Robie the propriety of requesting the Hon. Norman J. Colman, Commissioner of Agriculture, at Wash- ington, to send Professor Salmon, or some other expert ex- aminer from his office, to consult and advise with the Cattle Commissioners, as to the proper disposal of so valuable a herd. The request was promptly complied with and Dr. Ch. B. Michener, Professor of Cattle Pathology and Obstetrics at the American Veterinary College of New York was detailed for this service. How well that service was performed, was the subject of a personal letter from Gov. Robie to Commissioner Colman, in whicb was conveyed the high appreciation of the State and College officials of the great value of Dr. Michener’s timely and professional assistance. Personally I am resting under renewed and lasting obligations, for sound counsel and advice, relieving me in a great measure from the responsibilities de- volving upon me as Veterinary Officer of the “Board of Com- missioners on Contagious Diseases.” Dr. Michener arrived April 21st, and on the 22d and 28d, after a careful and criti- 193 cal examination of every animal in the herd, it was found necessary to condemn them all, when they were forthwith ex- peditiously and humanely killed, and the post-mortems, openly made in the presence of the Governor, prominent physicians, stock-owners, reporters und others interested, the autopsies in every instance revealing the fact that the disease had been correctly interpreted, and that every animal presented unmis- takable lesions of tuberculosis. Much unfriendly comment has already been indulged in in regard to these cases by parties who entertained crude and erroneous ideas upon the subject, and it has been stated that too “much science,” book farming, concentrated food, “cot- ton-seed meal,” &c., were each or all the cause of their de- struction, but having been put in possession of the formula and amount of feed furnished, I am able to state that there is no foundation in fact for any such allegations, and that the true cause lies “far and beyond” all such considerations. In no instance were over three pounds per day of cotton-seed meal furnished to cows giving a full flow of milk, and heifers carrying their first calf (Primiperas) have never received a particle, while the post-mortem appearance of the latter ani- mals presented fully as severe lesions of tubercles as the former, and calves which had never received any other nourishment than their mothers’ milk were found to be thoroughly dis- eased. No writer of the period has given to posterity so classical a description of these devastations among animals as Virgil in his “Georgics.” ‘‘Not whirlwinds from the sea so frequent rush, Big with storm, as pests mid cattle rage, Nor individuals sole disorders seize, But, suddenly, whole flocks, with every hope, At once, and, from the youngest, all the race.” In my earnest endeavors to trace the origin of the disease among the College herd, I was surprised to find that as long ago as 1876, Mr. J. R. Farrington, who was then Superin- tendent of the State farm, sold to Mr. Henry Boardman, of 13 194 Bangor, two cows that proved a few years later to result in chronic cases of tuberculosis. Mr. Boardman, who for many years has carried on an extensive milk-farm near Ban- gor, has very kindly furnished me with the details of the purchase and disposal of these cows, so that I am enabled to establish the fact that these were the primary cases developed upon the College farm. Mr. Gowell writes me, under date of January 11th, “I presume you have now sufficient proof to show that the disease was on the farm when Mr. Farrington was here. I have looked in every direction for light previous to 1876, but have been forced to give it up.” So it would seem to be settled that the disease has been smouldering in this herd for at least ten years, only to lift its hydra-head the past season, and cause the total destruction of the entire herd. On October 3rd, 1876, Mr. Farrington sold to Mr. Board- man one red grade Jersey cow, five years old, named Su- san, for $40.00, and on November 25th, 1876, sold him a red and white grade Durham cow, called Dora, for $50.00. Mr. Boardman tells me ‘this latter cow always had a cough, from the time he received her’ until he sold her to a butcher, March 8th, 1879, and when killed was feund to be full of tubercles, on the liver and lungs, and on the ribs and plates well up to the throat.” Upon Mr. Boardman’s attention being called to the matter he refunded the butcher $38.00 of the amount paid him, and the carcass of the cow was sold to “boil out” at “one and a half” cents per pound. Mr. Boardman kept Susan five years, (during which time she failed to breed) when she wasted away and died of consumption, and he had her buried “hide and all,” and these are the only cases that ever proved diseased upon his premises, in an experience in dairying extending over many years, in which he has always kept from ten to forty cows. Right here, a very significant fact presents itself, proving conclusively to my mind, that the cows sold to Mr. Boardman were predisposed to the disease when they left the College farm, by a letter received from Mr. Gowell, under date of March 20th, 1886, in which he 195 says, “I have learned of several animals, aside from Mr. Boardman’s, that were sold from the herd six or seven years ago and slaughtered that were found to be far gone with dis- eased lungs. These statements have been brought to me by purchasing parties. Last fall I sold a young bull to a neigh- bor, to-day he tells me the bull has a “stiff neck” and small bunch behind ear. These are the symptoms of disease shown by our heifers that I told you of. I told him I would notify you when you came again. Will you not arrange to remain here an additional day and attend to the case? I am anxious about it.” Two items of this important statement attract my attention, and these I have underlined. The first :—that sev- eral animals aside from Mr. Boardman’s sold six or seven years ago “were found far gone with the disease,” would carry them back to 1879 and ’80, just about the same time Boardman’s cow Dora was found to be thoroughly diseased, and unquestionably from the same source. The second :—that the young bull sold to his neighbor had a “stiff neck.” Mr. Gowell had previously told me of this symptom among some young heifers, which at the time he attributed to feeding out of high troughs, and I had explained to him that it is only in exceptional cases that in the course of this malady altera- tions are not found in the lymphatic glands of the head, neck or chest, especially in the submaxillary, parotid and thoracic, (which would give young animals the appearance of stiff neck) as well as in the lymphatic glands. Mr. Farrington remained Superintendent of the State Farm until 1878, when, after serving another year as “Instructor of Agriculture,” he received the responsible appointment of Superintendent of the State Reform School, which position he now holds. At the close of 1877, Mr. Farrington turned over to his successor, Mr. Timothy G. Rich, thirty-four ani- mals, comprising seven Short-Horns, eight Ayrshires, nine Jerseys, ten Grades, and his last annual report to the Trustees of the Maine State College becomes so important, in the light of subsequent events, that I give place to his full statement of the names and value of stock then upon the College farm. 196 Short-Horn cow Cornelia, 11 years old.......... og heifer Cornucopia, 3 years old....... si ‘¢ Duchess of Maine, 3 years..... fe ealf Cornucopia, 2nd, 3 months old.. ve bull Napoleon, 3rd, 2 years old...... Es ‘¢.» Dirigo, 19. months, olds... 5624 ae! a ‘¢ calf Duke of Maine, 3 months old, Ayrshire bull Hiempsal, 4 years old............ oo cow Olee. 6 years, Old). 00 wuphona eh kane of ‘op Isabel. 7 years Old soja candy fin tlie 66 Sk OM VIA. Sx VORTS Ol diiid.s. ten aapecr en ore De be ‘¢ QOleeannee, 2 years old ........... ss ‘. Oletta,, 15 aonths, Old Jrsysin!! cictens in she ss heifer calf Olivia, 2nd, 5 months....... ss sé Isabel, 2nd, 3 months old.... Jersey, full Elarrys.2. veers Old 6s Seip ie amistad bsp ss 6s calf, Harry, 2nd, 6,.months old... .....«\. ss = sé tS Prince Peter, 2nd, 6 months old.. fF cow, Lebel: ORES ONG 5 Sidiaw. speiccbintarsestiue sss. Pride of, Lachine,.8 years old... <.«:.\.i0. <<, heifer Hepay.,.3 yearsiold, .\. 0-6 fein eter 6 ‘¢ Pride of the Island, 17 months old.. se ‘¢ Hester Hart, 17 months old........ ‘6... colt: Helen, ..LO monthe olds ic) sits etavebasiores Grade Short-Horn heifer Maggie, 3rd, 3 years old, ‘Ayrshire heifer Jennie, 19 months old..... és cc Gipsey, 2nd, 19 months old, ss Jersey cow, Maggie, 8 years old......... ae J 65 \ TO eey jd SHOALS OLA ysiiers: