SECOND ANNUAL REPORT OF THE BOARD OF SHEEP COMMISSIONERS OF MONTANA FOR 1898 AND COMPILED LAWS RELATING TO SHEEP INSPECTION. HELENA, MONTANA: INDEPENDENT PUBLISHING CO. STATE PRINTERS AND BINDERS 1899. Montana State Library 3 0864 1006 5232 3 SECOND ANNUAL REPORT BOARD OF SHEEP COMMISSIONERS MONTANA 1898 COMPILED LAWS RELATING TO SHEEP INSPECTION. T. C. POWER, - - President. CORNELIUS HEDGES, Secretary. HELENA, MONTANA. HELENA, MONTANA: INDEPENDENT PUBLISHING CO. STATE PRINTERS AND BINDERS 1899. Digitized by the Internet Archive in 2013 http://archive.org/details/annualreportofbo1898mont_0 SECOND ANNUAL REPORT — OF THE — State Board of Sheep Commissioners. To His Excellency, Hon. Robert B. Smith, Governor of Montana: Dear Sir: — As provided by the "Act creating the Board of Sheep Com- missioners," approved March 5th, 1S97, a report is required containing a complete statement of the transactions of the Board during the year, which we herewith respectfully submit. FINANCIAL. From the Stste Treasurer's report since November 30th, 1897, there has been paid to the credit of the "Sheep Inspector and Indemnity Fund" the surr. of $2,386.01. It is possible that this sum may contain a small amount of early taxes paid in the last quarter, but the amount is approximately correct. There have been warrants drawn against the fund since that date, on bills approved and allowed by the State Board of Examiners, the sum of $1,489.78. The State Treasurer's account of disbursements from this fund shows $1,499.73 expended, the difference being $9.95, which is the amount of a warrant appproved in April, 1897, but not paid until December. The schedule of expenditures is as follows: Commissioners' expenses $ 48.25 Stationery, postage and incidentals 373.53 Inspection and treatment 468.00 Secretary's salary .600.00 Total $ 1,489.78 And there are inspection bills awaiting the action of the Board and which are unpaid amounting on their face to $622.16, but this amount in- cludes items amounting to $25.00 not properly chargeable to this fund. If these bills are allowed at near the amount claimed, it will nearly cover the full amount paid into the fund during the year, in Which there has been tio meeting of the Board of Commissioners. The law allows actual expenses to Commissioners in performance of duties which would include attendance upon meetings of the Board, and at anything like a full attendance each year this item of expense might reach several hundred dollars. The annual receipts of our fund however, may be somewhat increased. Custer County, through neglect of its County Commissioners, we presume, paid nothing into this fund last year, as required by law. The oversight has been corrected this year. Flathead County did the same, but having few 4 SECOND ANNUAL REPORT OF THE sheep, the loss was small. In both cases your officers called the atten- tion of the proper authorities' to the omission. We can only count on a moderate increase in the number of sheep in the state from this time forward. It is easy to see that the fund is entirely inadequate to provide inspection for all sheep shipped through the state, or even to pay the maximum per diem of eight dollars allowed for inspec- tion where necessary and properly payable from the fund. The law clearly and explicitly provides that for the inspection of dis- eased sheep, the owners thereof shall pay all expenses. The bills filed and awaiting action fail in some instances to show the facts that would make the fund liable. This fact should be fully understood both by the inspector in making his bills, and the commissioner in approving them. And it should be further understood that the inspections should only be made upon the order of the Sheep Commissioner. Something may be saved to the fund by printing a smaller number of annual reports. Last year we had 3,500 copies printed and with a very lib- eral distribution, more than half the edition is still on hand. An edition of 2,000 wrould have been ample. In order to make our first report as accurate as possible quite a little sum was expended in securing statistics from counties where there were no Sheep Commissioners. This item of expense we regard as unnecessary in the future. While in some directions expenses have been incurred' in printing blanks of various kinds that will not soon be exhausted, there is great need that all the laws contained in our statutes relating to our industry, both in the civil and criminal codes should be brought together and put in the hands of every comimissioner, inspector, and sheep owner. In order to supply this needed information the Secretary in many cases has been compelled to have copies made of several entire sections of the code. The statement that "every man is supposed to know the law" is a. wild s apposition in the multiplicity of statutes. It is hard enough to make men comply with the law when they know it. If the above suggestion were complied with the law would soon become familiar to officers and owners. It would be one long step towards suggesting such changes as are found; necessary in practice to furnish the protection needed. Such a compilation and publication of the laws relating to sheep in any way, is earnestly recommended, for few have ready access to our volumi- nous cedes or are able to find easily the desired information. COMMISSIONERS AND INSPECTORS. The Board of Sheep Commissioners remains as reported one year ago. There are s+ill five counties in which there are no sheep commissioners, to- wit: Flatheao:, Granite, Jefferson, Park, and Ravalli. There are however but few sheep in those counties. Among deputy inspectors there has been one change, T. J. Mulany being appointed in the place of Frank Landon in Beaverhead County. In four ether counties such inspectors have been appointed where there were none before, as follows: BOARD OF SHEEP COMMISSIONERS. Gallatin— John F. Work of Bozeman. Missoula— Dr. G. T. McCullough, of Missoula. Park— Albert Nuttal, of Livingston. Silver Bow— Dr. J. D. McGregor of Butte. According to the rules of the Board their consideration of these appoint- ments is necessary. On October 17th, last at the request of Sheep Inspector John F. Pat- terson, your officers appointed Mr. Frank Hansen of Chinook, as an addi- tional inspector for Ohoteau county. This was done with the approval of Commissioner Bourne, and for the purpose of providing suitable assist- ance to Mr. Patterson in the dipping and care of the infected apd exposed sheep in and about Chinook. The appointment was made pending the next meeting of the Board. BOARD MEETING. The law creating this Board requires its meetings at least once each year. Such meeting was held December 6th, 1897, but only the President and Secretary were present, it being generally understood by correspond- ence that nothing special required such a general meeting, because of their having met so shortly before on October ll-12th. This avoided a third meeting during the year 1897 and a consequent saving of additional ex- pense. A moment's inspection of the resources of the Board will show thai not more than one meeting a year on the average can be held with such a general attendance as is desirable. The law itself virtually prohibits it, because it forbids drawing orders against the fund unless there is money in the fund to pay them. Even without a general attendance in Decem- ber, 1897, it will be seen that the expenses have nearly equalled the revenue. This year when the legislature will soon be in session a general meeting and full attendance are specially desirable and efforts and arrangements have been made accordingly. SECRETARY'S OFFICE. A glance at our letter book will show a considerable correspondence both at home and abroad. Copies of every important letter have been preserved and all communications have received attention. We have per- sonally subscribed for and kept on file copies of the "Breeder's Gazette," "The Monthly Bulletin of the National Wool Growers' Association," and the New York "Wool Record" until its recent suspension of publication. It would seem desirable that some of these leading magazines devoted to our industry should be preserved and at the end of each year be bound up for better preservation. The cost would be small compared with their per- manent and increasing value. A scrap-book has been begun in which is nreserved anything found in wool publications pertaining to the sheep industry likely to be of value. DISEASES AMONG SHEEP. The very favorable report of one year ago which showed an almost universal clean bill of health among sheep will be followed by disappoint- 6 SECOND ANNUAL REPORT OF THE ment in the fact that so many serious cases of scab have appeared dur- ing the past year, requiring heroic measures to exterminate. But in every case where scab has appeared it has been traced to animals imported or driven into the state from abroad or transported through the state. Neigh- boring states may think us unreasonably particular and severe in quaran- tining against them and refusing unrestricted ingress and transit for their flocks, but our experience the last season shows abundant reason for our caution. Self-preservation is the first and highest law of nature. In vain are ail our efforts to eradicate disease among our own flocks so long as there is an open door to its introduction from outside. Efforts, are being made with promise of success to have the transporta- tion companies not only use disinfected cars, but to maintain separate yards for the unloading of sheep for feeding while in transit through the state, as well as for those brought in to remain, until it is known that they are free from infectious disease. It is a cause for much congratulation that all reported cases of scab have been so promptly and successfully coped with and that the past rec- ord of our state in this direction will be maintained. For the accomplish- ment of this result the inspectors are deserving of much praise. STATISTICS. While the usual reports of the Commissioners have beeen rendered to us we have internal evidence as well as from comparisons with former tables that they arc far from being accurate and reliable. The lamb crop was not as large this year as in many former, years. The early rains were un- favorable for lambs, though beneficial to grass. These rains, which were unprecedented for this section, washed out the fleeces so that the average weight when sheared was below the average of former years. We can confidently say that there was a fair increase in our flocks after deducting all losses and sales. The later and present market price of wool has been disappointing, though the opening sales were at fair prices, showing an advance of 2% to o cents over the previous year. The large stock of foreign wools imported in advance of the tariff act operated as a depressing influence, notwithstanding the fact that prices in foreign markets were higher than usual, and so much higher as to in- duce the re-shipment of considerable wool from warehouses in this country to foreign markets. The failure of some large woolen concerns' in the east, including not only some manufacturing establishments, but the New York Wool Ware- house Company, from which much was expected, also has had a depressing effect and some have suffered loss and disappointment. At present prices those who sold, as most did, have fared well, but those who have consigned anticipate with considerable confidence an improvement in the market. The mutton market has shown the most marked improvement and firmness, c.s there was no old stock to enter into competition. Many have taken advantage of this fact to relieve themselves of debt incurred in former years. The increase of our population will increase the demand for mutlcn and our sheep men will do well to heed this fact in paying more BOARD OF SHEEP COMMISSIONERS. 7 attention to raising1 mutton sheep. The hope and prospect of an improved wool market in the near future has had some restraining- influence upon the disposition to sell in order to realize from the advanced price of sheep. New men both within and from without the state are entering the business to share in prospective profits. FENCING THE RANGES. The past year more than any previous one has witnessed a tendency on the part of our sheep men to acquire title to and enclose their ranges. The Northern Pacific Railroad Company holding an immense land grant within our borders, has recently adopted a policy of disposing of its land at rea- sonable prices and on favorable terms instead of holding them for a rise — a policy as wise for its own interest as advantageous for the settlement and developmenc cf the state. Many of our sheep men have taken advantage of this change of policy on the part of the railroad company. The cost of purchase, fencing, and increase of taxes is partly recompensed by lessened risks of loss, greater security in range and food supply and some reduc- tion in the expense of herding. In addition to these railroad lands now in the market at reasonable prices, our State holds large areas of public lands under various grants for public institutions, and school lands, which will not be salable for many years at the minimum prices which will induce tenants to enclose the same. Thus it is that free range, such a source of jealousy from sheep men in the older states, is fast disappearing in Montana, and the business of sheep raising is getting down to fixed conditions, to which our growers must reconcile and adapt themselves FUTURE PROSPECTS. Against our healthy climate, rich natural grass, and other advantages we must count on higher wages prevailing in a mining state, enhanced cost of supplies and distance from markets. To make the most of our advantages and reduce to the minimum our disadvantages, affords an ample and fruit- ful field for cultivation. Commendable efforts have been made the past year to improve the grade of our sheep, and with better times we may well expect these efforts will become more general and productive of better re- sults. With the present tariff policy reasonably assured for several years to come, our sheep men have much to encourage them in making improve- ments. The tariff now in operation shows evidence of having been framed more for the protection of the wool manufacturers than growers and modifi- cations ar<* desirable. But it would be very unwise to seek any undue ad- vantage of one industry ait the expense of another. Recent events that have brought glory to our arms on land and sea and have added vast insular possessions to our domain, necessitating at least a large corresponding increase of naval power under whose protecting wings a vast ocean commerce will grow up corresponding to and supple- menting ou" interal commerce and opening access to the markets of the 8 SECOND ANNUAL REPORT OF THE world, promise an era of prosperity and growth to our country unprece- dented. The most thrifty and ambitious of the surplus population of Europe will seek our shores and add to our productive capacity and realized wealth. Especially in these recent changes can be discerned a rapid de- velopment cf our Pacific Slope and the Pacific Ocean commerce. An Isthmus canal, so long planned and desired has now become a necessity. If Cuba and Fcrto Rico will pour their wealth into the lap of the eastern states, the Hawaiian islands and the Philippines will do as much or more for the Pacific States. To the north lies that vast undeveloped possession of Alaska, with possibilities beyond computation. Our variety of resources, mineral, agri- cultural and pastoral; our vast unimproved water-power; our immense fields of coal, all assure us that the streams of prosperity cannot flow around or past us. The day for large, successful manufacturing indus- tries in Montana may be yet delayed for some years, but it is sure to come when the product of our flocks will And a ready market at home, and instead of sending our unwashed raw wool to eastern markets, we shall be sending finished woolen blankets and dress goods to the miners1 of A.laska and British America and the hardy fishermen along our Pacific Coast. ADDITIONAL. Through the courtesy of the State Board of Equalization we have been furnished their table of the number of sheep reported to them by the vari- ous county assessors. From this report it appears that for the year 1898 there were returned for assessment a total of 2,967,901 in this state, at an average assessment of $2.52 for each head. The total valuation at this rate of those actually assessed amounts to the considerable sum of $7,450,848. This sum will yield a revenue to our fund next year, on a one-half mill tax allowed by law of $3,725.42, as against $2,386.01 paid into the fund this year. But in this connection it should be borne in mind that with the ex- piration of the terms of the present commissioners and the appointment of a new beard by March, 1899, it may be necessary to hold two general Board meetings during that year. But the above sum ought to be ample to cover such additional expense. From the State Treasurer I learn that there was on November 30th, 1898, in the Sheep Inspector and Indemnity Fund the sum or $4,581.13, as com- pared with $3,694.85 on Nov. 30th, 1897. If the unpaid bills and expenses of the present session do not exceed one thousand dollars it would leave practically the same amount in the fund that was reported at the end of last year. ACKNOWLEDGMENTS. To Dr. M. E. Knowles, State Veterinarian, our acknowledgments are again, as heretofore, due for frequent advice and zealous co-operation in many instances of doubt and difficult emergencies. All of the state officers with whom this office has had dealings are de- serving of grateful recognition for their readiness to respond to all re- quests for much desired information. BOARD OF SHEEP COMMISSIONERS. And lastly our very busy President, no matter how frequent and per- plexing the matters submitted for his attention and solution has always been found equal to demand and tireless in his services to promote the in- terests of the Board. Very respectfully submitted, CORNELIUS HEDGES, Secretary. 10 SECOND ANNUAL REPORT OF THE TABLE NO. i. Compiled from the Reports of the Sheep Commissioners. County. No. Sheep on hand March i st, 1898. No. Sheep brought in from other States since March 1st, 1S98 No. of L,ambs docked since March 1st, 1898 No. of Lambs and Sheep slaughtered or sold and ship- ped out of the State since March 1st, 189S 111,300 22,960 125,000 118,615 539,958 209,250 123,670 63,780 5i3,^4P 215 18,135 5,200 3,oS5 48,173 43,5oo 301,125 4,000 50,983 20,212 3,600 240,000 253, 336 * 97,256 t 229,875 69 5S,709 12,485 50,000 76,168 165,000 85,000 65,7So 26,538 220,29s 4,706 S,240 16,000 21,34s 1 30,000 Est 8,500 16,390 83,33o 4,000 2,S00 4,500 20,100 3,300 8,040 i,95o 500 Est 2,500 17,000 14,814 102,400 1,500 16,500 9,900 Est 7,800 6,877 Est 102,400 5,250 Est Est slaug'd 21,254 40,000 33,095 2,380 So,5oo Ravalli Teton Valley 938 Rame 200 S20 3,3O0 3i,5oo 800 50,000 ioS,53i 29,659 96,015 3,146,86s 79,277 1,217,057 583,320 * About 50,000 sheep were driven through Valley County during the summer from North Dakota. t In Yellowstone County 66,300 sheep, not included in the above, were brought into the County from other counties. There were 2,500 rams sold out of Yellowstone County during the year. BOARD OF SHEEP COMMISSIONERS. 11 TABLE ISO. 2. Compiled from the Reports of the Sheep Commissioners. County. No. lbs. pelts sold since March ist, 1898 Ave. price received for pelts per lb. No. of lbs. of wool sheared since March ist, 1898 Highest price received for wool per lb. Lowest price received for wool per lb. Average price received for wool per lb. 6,75o 1,212 15,000 12,220 29,000 VA 9 i-5 9 Ya 875,7'o i7i,379 875,000 923,824 4,185,000 1,450,000 864,500 455,900 3.800,936 iS M 15 ?4 16 I-IO is 16 % 14 % 18 , 17 Ys Est 16 17 17 Ya 14 13 Ya 8,508 22,650 76,640 8 % 9 I-IO i5 H K 14 Ya 15 5* is ^ 16 3-10 2,970 9 123,250 30,000 19,500 335,ooo 26S,3O0 2,016,700 32,000 351,000 161,696 ^o,393 1,716,000 i,697,35i 7 1 7,454 1,825,710 16 Est Est If y 16 Est Est §H i7 Ya 16 20 H IS Ya 7,000 6,200 40,000 4,000 93.10 9 Ya 6 15 Ya 12 15 34 16 - iS H 14 16 % 16 Valley 90,549 60 86,134 6,893 34,5io 7 % 9 Ya 0.02 8 Va s % 13 13 14.02 9 K 7 14 16 14 14 Ya 15 ^ 450,296 Total s y2 Gen'l Ave. 22,916,603 Total 16.86 Gen'l Ave. 13-44 Gen'l Ave. I5-38 Gen'l Ave. MISCELLANEOUS ITEMS. Sweet Grass County sheep yielded an average fleece of 7 15 lbs per head. The counties of Broadwater, Deer Lodge, and Lewis and Clarke report 331,100 lbs. of wool con- signed on commission, divided as follows: Broadwater County, So,ooo; Deer Lodge, 131,900; Lewis and Clarke, 119,200. 12 SECOND ANNUAL REPORT OF THE TABLE NO. 3. -Showing the Health Conditions of Montana Flocks as Reported by the Sheep Commissioners. QUESTIONS SUBMITTED. 1. — "Give the general health and condition of flocks in the County." 2. — "Give the general details of any scab or other infectious disease ex- isting during the period from March 1st, 1898 to date, (Nov. 30th.) ANSWERS RETURNED. Beaverhead County — Good. No cases of disease, although dippings have been resorted to where questions have arisen. Broadwater County — Best of health. No disease of any kind reported. Carbon County — Good. No disease whatever. •Cascade County1 — Are reported to me to be in good condition. No scab or other in- fectious disease has been reported to me. Choteau County- Believing the scab which existed about Chinook to be by this time entirely eradicated, the health and condition of flocks through- out the entire county is excellent, and was never better. No. of sheep finally treated and actually infected October 27th 9,149. No. of sheep being treated in consequence of having been exposed to infectious area, 29,511. No. of sheep held in quarantine awaiting developments, 28,000. Al] treatment was under the direct and personal supervision of Mr. John F. Patterson of Fort Benton, Deputy Sheep Inspector of this County and he cannot be too highly commended for the prac- tical and thorough methods which he has pursued. Custer County — No report. Dawson County— The health of the flocks of this county is good. No scab or other infectious disease exists in any section of the county. BOARD OF SHEEP COMMISSIONERS. 13 Deer Lodge County— I think it is safe to report the flocks of this county free from scab or ether infectious disease at the present time. During the month of last September scab made its appearance among some of our flocks, which necessitated prompt attention from the different owners, as well as our sheep inspector and my- self. Dipping in lime and sulphur from two to three times at intervals of from ten to twelve diaysi after each dipping, and change to fresh range were resorted to. Others whose sheep had been exposed, but did not show disease, dipped to be on the safe side. Fergus County — The general condition of sheep in this county is good, in fact never was better. I am pleased to report that no scab or other infectious diseases exist in the county. Flathead County — No commissioner. G alia tin County — which were infected with scab. These sheep were quarantined, dipped twice, and I now consider them perfectly healthy. Granite County — No commissioner. Jefferson County — No commissioner. Dewis and Clarke County — Good, and there have been no infected flocks reported during the whole year. Madison County — General health very good and sheep doing well. Not a diseased flock in the county this year. Meagher County — Good. Scab broke out in three bands of ewes and lambs belong- spector knew nothing of it until shearing time. All sheep af- fected and all that had been exposed were immediately quaran- tined and dipped three times under the direction and supervision of the deputy inspector. The disease did not spread and I have no doubt but what it is effectually stamped out. Missoula County — Health good. No scab or other disease known to exist. Good. ■brought in 3,300 head of sheep from California ing to , but the Sheep Commissioner and Deputy In* Park County — No commissioner. The inspector reports all sheep in the county free of disease. 14 SECOND ANNUAL REPORT OF THE Ravalli County — No commissioner. Silver Bow County — 150 head of mutton sheep now owned by > , bought In Deer Lodge Valley are scabby. He is butchering them. Sweet Grass County — Good. Not any disease. Teton County — Is very good. No complaints are reported. Not a single case of scab or other infectious disease has been discovered ia Teton County. One band from infected district of Choteau County is at present quarantined and being watched. Valley County— The health and condition of the flocks in Valley County is good and they will go into the winter in good shape. There has been no scab or other infectious disease as far as I can learn. Yellowstone County — Sheep in fine condition. Not a case of scab in the county. Nearly all the old ewes shipped out; remaining stock mostly ewes and lambs. BOARD OF SHEEP COMMISSIONERS. 15 MEMBERS OF THE STATE BOARD OF SHEEP COMMISSIONERS. County. Commissioner. Address. Beaverhead Broadwater Carbon Cascade Choteau Custer Dawson Deer Lodge Fergus Flathead Gallatin Granite Jefferson Lewis and Clarke. Madison Meagher Missoula Park Ravalli Silver Bow Sweet Grass Teton Valley Yellowstone T. M. Selway P. B. Clark David Smethurst . F. D. Cooper George B. Bourne R. R. Selway William Lindsay . William Williams David Hilger John F. Work Dillon Toston Red Lodge . Cascade Hill Stacy Glendive Deer Lodge . Lewistown . Bozeman T. C. Power . . S. R. Buford . . D. E. Folsom. D. R. Maclay . Helena Virginia City White Sulphur Spring Lo Lo T. C. Miles W. P. Franklin. George I. Smith W. B. Shaw.... I. D. O'Donnell. Silver Bow Melville ... Choteau . . . Boyd Billings.... DEPUTY SHEEP INSPECTORS. County. Inspector. Address. Beaverhead.. Carbon Cascade Choteau Custer Dawson Deer Lodge Fergus Madison Meagher.... Missoula Park Silver Bow . Sweet Grass Teton , Valley Yellowstone T. J. Mulany.... Frank L. Clark H. H. Nelson John F. Patterson Charles Daly H. Hodgson C. H. Williams David Hilger L. S. Briggs C. W. Cook Dr. G. T. McCullough Albert Nultal Dr. J. D. McGregor.... Samuel Jackson Walter S. Clark Jas. C. Gregory J. T. Boyer „ Dillon Red Lodge . Cascade. ... Fort Benton Miles City . . Tokna Garrison .... Lewistown . Ennis Unity , Missoula . . . Livingston Butte Big Timber. Choteau Culbertson . . Billings 16 SECOND ANNUAL REPORT OF THE Laws Relating to Sheep Inspection — Political Code of Montana. ARTICLE VI. Deputy Veterinary Surgeon — Sheep Inspector — Disease. Deputy Inspector. Residence and oath. Duties of. Same. Quarantine by Governor. As to other states. Quarantined sheep, how cared for. Scabby sheep not to be moved. Inspection of sheep from other states. Deputy Inspector's compensation. Form of bill and vouchers. Deputy Inspector to keep book. Penalty for violation of chapter. Penalty for bringing- diseased sheep into state. Report of Deputy Inspector. Additional inspector appointed. Levy of tax for the Sheep Inspector and Indemnity Fund. Section 3030. The state veterinary surgeon, upon the request of the president or secretary of any organized wool growers' association in any county in the state, or of any three sheep owners in any county, must appoint a capable person as deputy inspector in such county, who holds his office during the pleasure of the veterinary surgeon, and must perform the duties hereinafter described. (Under act approved March 5, 1897, In- spectors are appointed by the Sheep Commissioners and confirmed by the Board.) Section 3031. The deputy inspector must be a resident of the county for which he is appointed. He must, before entering upon the duties of his office, take the constitutional oath of office. Section 3032. The deputy inspector must inspect all sheep within his county of which he may receive notice, as provided in the next section, and in case he finds the same are not diseased, he must make and issue a certificate stating such fact. But if the sheep are diseased, or have been herded upon the range or in corrals which have within the past ninety days previous thereto been used or occupied by any diseased or infected sheep, the regulations for their quarantine, holding and keeping must at once be made by such deputy. Each deputy inspector so appointed must personally supervise the dipping of every band of scabby sheep within his county, and Section 3030. Section 3031. Section 3032. Section 3033. Section 3034. Section 3035. Section 3036. Section 3037. Section 3038. Section 3039. Section 3040. Section 3041. Section 3042. Section 3043. Section 3044. Section 3045. Section 3046. BOARD OF SHEEP COMMISSIONERS. re- appoint the date for each and every dipping; he has the right to determine and superintend the proportion and mixture of materials, and must cause all sheep quarantined to be distinctly marked. Section 3033. Upon receipt of information, in writing, of any of the facts mentioned in the preceding section, the deputy Inspector must im- mediately cause the diseased sheep, and all sheep running in the same flock with them, to be examined, and if found so diseased, to be quarantined and held within a certain limit or place, to be defined by him, and such sheep must be held in quarantine until the owner, or person in charge, has eradicated such scab or infectious disease. The expense of feeding, holding, dipping, marking and taking care of all sheep quarantined under the pro- visions of this article must be paid by the owner, agent ,or person in charge of such sheep. Section 3034. Whenever the governor, by proclamation, quarantines sheep for inspection, as provided in the next section, any sheep brought into Montana, the deputy inspector of the county in which such sheep may come, must immediately inspect the same, and if he finds that they are infected with scab, or any other infectious disease, he must cause the same to be held within a certain limit or place in his said county, to be defined by him, until such disease has been eradicated, as provided in the next preceding section. Section 3035. Whenever the governor has reason to believe that any disease mentioned in this article has become epidemic in certain localities in any other state or territory, or that conditions exist that render sheep likely to convey disease, he must thereupon by proclamation, designate such localities and prohibit the importation from them of any sheep into this state, except under such restrictions as he, after consultation with the vet- erinary surgeon, may deem proper. Any person who, after publication of such proclamation, knowingly receives in charge any such sheep from any of the prohibited districts and transports or conveys the same to and within the limits of any of the counties of this state, is punishable as pro- vided in Chapter II, Title XV, Part I, of the penal code, and is liable for all damages that may be sustained by any person by reason of the importa- tion of such prohibited sheep. Section 3036. Upon issuing such proclamation the owners or persons in charge of any sheep being shipped into Montana, against which quairatine has been declared, must forthwith notify the deputy inspector of the county into which such sheep first come, of such arrival, and such owner or person in charge must not allow any sheep so quarantined to pass over or upon any public highway, or upon the ranges occupied by other sheep, or within five miles of any corral in which sheep are usually corralled until such sheep have first been inspected, and any person failing to comply with the provisions of this section is punishable as provided in Chapter II, Title XV, Part I, of the penal code, and is liable for all damages sustained by any person by reason of the failure to comply with the provisions of this section. Section 3037. In no case must any scabby sheep be allowed to be removed from one point to another within any county, or from one county to another, or any sheep that have within one year been scabby, without a written certificate from the deputy inspector. Such sheep may be transferred and 18 SECOND ANNUAL REPORT OF THE removed with the written consent of all the sheep owners or managers along the route, and in the vicinity of the proposed location, except those mentioned in the preceding section. Any person violating the provisions of this section is punishable as prescribed in Chapter II, Title XV, Part I, of the penal code. Section 3038. Upon the arrival of any sheep into this state from any other country, state or territory, the owner or agent in charge must imme- diately report to the deputy inspector of the county in which such sheep first come for inspection, and such deputy must immediately inspect the same. If the owner or agent fails to report for inspection, the person so offending is punishable as provided in Chapter II, Title XV, Part I, of the penal code. The expense of such inspection must be borne by the owner, and is a lien upon the sheep, which may be sold to satisfy the lien, as pro- vided by law. Section 3039. The deputy inspector in each county receives for his services, while necessarily employed in inspection, not exceeding eight dollars per day, which includes all traveling expenses, of whatever kind and nature, incurred in going to and from the places where such inspection is had. When a deputy veterinary surgeon, as provided in Section 3018 of this code, is permanently located in a county, it is his duty to perform the duties imposed in this article upon deputy inspectors, and for his services receives the same compensation as the deputy inspector, which must be paid in the same manner. Section 3040. Whenever any deputy inspector files in the office of the state auditor proper vouchers, duly approved by the veterinary surgeon, setting forth: 1. The name in full of such deputy inspector. 2. The kind and nature of the services rendered. 3. The particular locality where the work was done. 4. The time when and the length of time employed. 5. The number of sheep inspected and the riame of the owner or person in charge. 6. The diseases treated, and the number treated for each disease, and the length of time of such treatment and the result. 7. The amount claimed and the value of such services. The state auditor must audit the same, and if found correct, draw a war- rant in favor of such deputy inspector, payable out of any moneys in the "sheep inspector and indemnity fund." Section 3041. Every deputy appointed under the provisions of this arti- cle, must keep a book, to be known as the "Inspection Record," in which he must enter and record all his official acts and proceedings. Such record must particularly show the name of the owner of every flock of sheep inspected, when the same was inspected, and the number in each flock, the result of such inspection, the names of the persons to whom certificates have been granted, and when, and all orders and directions made in relation to any matters herein designated. Section 3042. Any person who fails to comply with or disregards any order or directions made by any deputy inspector under the provisions of this article, is punishable as provided in Chapter II, Title XV, Part I, of the penal code. BOARD OF SHEEP COMMISSIONERS. 19 Section 3043. It is unlawful for any person to bring into the state any sheep infected with scab or any other contagious disease. Every person so offending is punishable as provided in Chapter II, Title XV, Part I, of the penal code. Section 3044. Every deputy inspector must, on or before the first day of August each year, report to the state veterinary surgeon in writing, showing from his inspection record particularly the matters therein con- tained since his last report, and the veterinary surgeon must embody the information thus given in his report to the governor. Sec. 3045. The veterinary surgeon, if necessary, may appoint more than one deputy inspector in a county, and may define the particular part of a county in which a deputy is to perform his duties, and any deputy ap- pointed under the provisions of this article who, under and by virtue of the powers conferred upon him by reason of such appointment, oppresses, wrongs or injures any person, is punishable as provided in Section 301 of the penal code. Section 3046. The board of county commissioners at the time of the annual levy of taxes must levy a special tax not exceeding one-half of one mill on the dollar, or so much thereof as is necessary on the assessed value of all sheep in the county, and the money collected from such tax constitutes the "sheep inspector and indemnity fund." Such tax must be collected in the same manner as other taxes and paid into the state treasury, as other taxes are. The money in the "sheep inspector and in- demnity fund" must be used in the payment of the salaries and expenses of the deputy sheep inspector as provided in this article and all other expenses arising thereunder except the salary of the state veterinary sur- geon. All other salaries and expenses must not be a charge against the state. ARTICLE VII. Rams, He- Goats and Diseased Animals Not to Run at Large. Section 3060. Rams and he-goats not to run at large. Section 3061. Penalty. Section 3062. Liability to civil damages. Section 3063. Diseased animals not to run at large. Section 3060. It is unlawful for any owner or person having the man- agement or control of any ram or he-goat to permit the same to run at large between the first day of August and the first day of December of each year. Section 3061. Any person violating the provisions of this article is guilty of a misdemeanor, and on conviction thereof must be punished as provided in Section 1164 of the penal code. Section 3062. Any person damaged by rams or he-goats running at large during the time mentioned in the first section of this article, may recover in a civil action any damages sustained thereby. Section 3063. It is unlawful for the owner or for any person having in charge any horse, mule, ass, sheep or cattle affected with any contagious 20 SECOND ANNUAL REPORT OF THE disease to allow such diseased animal to run on any range, or within any enclosure where such animals may come in contact with any other animal not so diseased. All animals so affected with contagious disease must be at once removed by the owner thereof, or the person in charge of the same, to some secure inside enclosure, where contact with other animals by reach- ing over or through the fence of said enclosure will be impossible, or must be strictly herded six miles away from any farm or from any other stock running at large or being herded. Every person who knowingly neglects or refuses to remove or to so inclose or herd away from farms or other stock such diseased animals affected with contagions disease, after having re- ceived notice of their diseased condition, is punishable as provided in Section 700 of the penal code, and is liable for damages to the party injured. BOARD OF SHEEP COMMISSIONERS. 21 Penalties for Violation of Sheep Laws. Penal Code of Montana. FOR SELLING DISEASED ANIMALS. Section 700. Any person who shall knowingly sell or offer for sale or use, or expose, or who shall cause or procure to be sold or offered for sale, or used, or exposed, any horse, mule, or other animal having the disease known as glanders, farcy, or any contagious disease, or violates any of the provisions of Section 3063 of the political code, is guilty of a misdemeanor. PENALTY FOR ALLOWING RAMS TO RUN AT LARGE. Section 1164. Every person who owns, controls, or has the custody of any ram or he-goat, and allows the same to run at large between the first day of August and the first day of December of each year, is punishable by a fine not exceeding twenty dollars. FOR REMOVING DISEASED SHEEP. Section 1169. Every person who removes from one point to another in any of the counties of this state, or from one county to another, any scabby sheep, or any sheep that have been scabby within one year, without the written certificate of the sheep inspector, or the written consent of all the sheep owners or managers along the route, and in the vicinity of the pro- posed location, is punishable by a fine not exceeding one thousand dollars. This section does not apply to scabby sheep imported into this state and against which quarantine has been declared. FOR BRINGING DISEASED SHEEP INTO THE STATE. Section 1170. Every person who brings into this state sheep infected with scab or other infectious disease, or any horses, mules1, asses or cattle infected with any contagious disease, is punishable by a fine not exceeding five hundred dollars. FOR DISREGARDING ORDERS OF VETERINARIAN OR INSPECTOR. Section 1171. Every person who fails to comply with or disregards any lawful order or direction made by the state veterinary surgeon, or deputy, or deputy sheep inspector, under the provisions of the political code, con- cerning scab or other contagious diseases among sheep, or to prevent the spread of disease among cattle, is punishable by a fine not exceeding five hundred dollars. 22 SECOND ANNUAL REPORT OF THE FOR RECEIVING SHEEP FROM QUARANTINED STATES. Section 1172. Every person who, after the publication of the proclama- tion of the governor of this state prohibiting the importation of diseased dneep into this state, knowingly receives any such isheep from any of the prohibited districts, or transports the same within the limits of the state, is punishable by a fine not exceeding five hundred dollars. i FOR FAILURE TO REPORT SHEEP FOR INSPECTION. Section 1173. Every person in charge of sheep being shipped into this state, against which quarantine has been declared, as specified in the last preceding section, and fails to notify the deputy inspector of the county in which such sheep are brought, or allows any such sheep to pass over or upon any public highway, or upon the ranges occupied by other sheep, or within five miles of any corral in which sheep are regularly corralled, before such sheep are inspecte'd as provided by law, is punishable by a fine not exceeding five hundred dollars. FOR FAILURE TO BRAND SHEEP IN TRANSIT. Section 1178. Every person who owns or has charge of any horses, cat- tle or sheep which are driven into or through any part of this state, and fails to plainly brand or mark the animals so driven, so that such animals may be readily distinguished from other animals, is punishable by a fine not exceeding three hundred dollars. ONE UNIFORM BRAND REQUIRED. 1179. All droves of horses, mules, cattle or sheep which may hereafter be driven from any other state or territory of the United States or any foreign country, into or through any county or counties of this state, shall be plainly branded or marked with one uniform brand or mark. 1181. All such sheep shall be marked distinctly with such mark or device as may be sufficient to distinguish the same readily should they become in- termixed or mingled with other flocks of sheep in this state. FOR DRIVING SHEEP FROM THEIR CUSTOMARY RANGE. 1187. Every person who wilfully drives or causes to be driven any cattle, horses, mules, sheep, or swine from their customary range without the permission of the owner thereof is punishable by imprisonment in the county jail not exceeding ninety days, or by fine not exceeding one hundred dollars, or both. FOR USING UNAUTHORIZED BRANDS. H89. Every person save only an owner, and he only when branding on his own premises and in the presence of two responsible citizens, who marks BOARD OP SHEEP COMMISSIONERS. 23 or brands any calf or cattle that are running at large between the first day of December and the tenth day of May of the next ensuing year; an'd every person who shall at any time brand or cause to be branded or marked any horse, mule, cattle or head of cattle, sheep, swine, or other animal, one year old or older, with any piece of metal or implement, other than a branding iron, which branding iron shall be of the same design as the orand or mark owned by the party using it; or who shall so mark or brand, or cause to be marked or branded any of the animals aforesaid with- any piece or pieces of iron called "running irons," such as bars, rings, half or quarter circles, is punishable by imprisonment in the county jail for not exceeding six months, or by a fine of not less than twenty-five dollars nor more than five hundred dollars, or both. FOR ALLOWING DISEASED SHEEP TO RUN AT LARGE. 1193. It is unlawful for any person having in charge any horse, mule, ass, sheep, hog, or cattle, affected with a contagious disease ,to allow such animal to run on any range or to be within any enclosure where they may come in contact with any other animal not so diseased. All animals so affected must be immediately removed to an inside inclosure >secure from other animals, or must be herded six miles away from any farm or ranch or from any other stock running at large or being herded. Every person who neglects or refuses to remove, or inclose, or herd as aforesaid, such diseased animals, is guilty of a misdemeanor and liable in damages to the party injured.