BIENNIAL REPORT

OF THE

KANSAS

LIVE-STOGK SANTTARY GOMMISSION,

1897-798.

ry

JOHN BRYDEN, Chairman.
TAYLOR RIDDLE, Secretary.
J. B. BEAL

ae

. S. PARKS, State PRINTER.
1899.

NIAL REPORT

OF THE

STK SANITARY COMMISSION,

ce

1897-98.

.

ayes JOHN BRYDEN, Chairman. :
Bee TAYLOR RIDDLE, Secretary.
J.B. BHA.

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_ J. S. PARKS, Stave PRinTER. — 3 iS alamalecrn
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REPORT.

To his Excellency, the Governor of Kansas:

S1r—In compliance with section 2, chapter 142, of the General
Statutes of 1897, we, the Live-Stock Sanitary Commission of the state
of Kansas, have the honor to submit to your consideration our biennial
report for the years 1897 and 1898. |

On the 25th day of March, 1897, the time of J. I. Brown, member
of this Commission, having expired, Taylor Riddle, who had been
previously appointed by the governor and confirmed by the senate,
took his place. The Commission then consisted of Frank Weinshenk,

J. W. Johnson, and Taylor Riddle, and proceeded to reorganize by

electing Frank Weinshenk Chairman and Taylor Riddle Secretary.

It will be seen by this report for the year 1897 that the live stock
of our state has been comparatively free from infectious or contagious
diseases, especially when the fact is taken into consideration that
many more cattle were admitted into the state in the year 1897 than
in any other year since this Commission was created. From February
1 to November 15 there was admitted into the state for grazing and
feeding purposes, by affidavits, and permits issued, 424,249 cattle,
against 183,845 during the year 1896. Of the number admitted, there
were from Texas 233,444; Arizona, 82,048; New Mexico, 29,819; Old
Mexico, 31,890; Missouri, 7351; Oklahoma, 30,497. This does not
include cattle which came through La Junta after June 17, as no in-
spector was maintained at that station after that date.

There was an outbreak of Texas fever on the ranch of C. P. Dewey,
at Manhattan, Kan., which caused nearly 3000 head of cattle to be
placed in quarantine. He lost a total of ninety-three head of cattle.

On August 19 an outbreak of Texas fever occurred near Hoyt, in
Jackson county, which caused 1250 head of cattle to be placed in
quarantine. On September 1 another outbreak of Texas fever oc-
curred in the same county, and 690 more cattle were quarantined,

’ making in all 1940 head. The last-named cattle were released from

quarantine October 19, thirty-three head having died. No informa-
tion could be gained where these cattle contracted the fever.

We are confident, from information gathered from settlers along ;

the southern border of the state between the stations of Caney, in
Montgomery county, and Baxter Springs, in Cherokee county, a dis-
tance of about seventy-five miles, that in the past the quarantine

4

regulations have been continually violated by parties smuggling herds
of cattle across quarantine line into Kansas from the Indian territory.
In order to break up this practice and protect the honest cattle dealers
of our state, special attention has been given this locality, resulting in
_ the arrest and conviction of a number of persons.

Many of the cases of Texas fever which have occurred in the past
and could not be accounted for we are now satisfied were smuggled in
along this line, shipped to the native divisions of the Kansas City
stock-yards from some station in the healthy area, and from the Kan-
sas City stock-yards distributed to feeders and grazers of Kansas,
thereby spreading the disease.

Much assistance was rendered this Commission in preventing vio-
lation of the quarantine law by the cattlemen of Kansas. Buyers,
shippers and sellers have been very careful in handling Southern and
Western cattle, and look closely after their permits and clearance pa-

pers, and also reported to this Commission any attempt on the part of |

others to evade or violate any of the quarantine rules and regulations.
To this fact and others is due in a great measure the successful hand-
ling of such vast herds with so little loss. Perfect harmony exists
between this Commission and the government department, presided
over by Albert Dean, located at the Kansas City stock-yards. Co-
operating one with the other, great and lasting benefits have accrued
to both departments.

On April 1, 1898, the term of J. W. Johnson as member of this
Commission having expired, the governor appointed John Bryden to
succeed him. He took his place on the Commission on the above-
named date and commenced to discharge the duties of his office.

On April 12 the board was reorganized. Frank Weinshenk was
elected Chairman and Taylor Riddle Secretary. On July 5 the board
was again reorganized, and the following resolutions were passed:

Since this is the third meeting of the Commission from which Chairman
Frank Weinshenk has absented himself, and has given no reasons therefor:

Resolved, That we declare the office of chairman, heretofore occupied by
Frank Weinshenk, vacant.

Upon motion, John Bryden was elected to fill the vacancy.

On July 26 Frank Weinshenk resigned his position as member of
this Commission, and early in September J. B. Beal, of Grainfield,
was appointed to fill the vacancy, and as or eanized i in July the board
continued until the end of the year.

It will be seen by reading this report that the state has been com-
paratively free from contagious or infectious diseases, which the
board thinks is largely due to the care taken in not allowing any cat-
tle to come from an infected territory without a careful examination
and inspection.

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During the early part of the present year considerable friction oc-
curred between members of the Board upon the question of inspect-
ing cattle from the suspected territory where Texas fever has been
known to exist. But the inspection idea was fully carried out. and no
cattle from the territory described in rules and regulations where the
disease of Texas fever existed were allowed to come into Kansas with-
out the above-mentioned inspection. Inspectors were employed and
stationed as follows: William Cooper was employed and stationed at
Raton, N. M., whose duty it was to inspect all cattle coming from
New Mexico, Arizona, southern California, northwestern Texas, and
Old Mexico. A. L. Mason was employed and stationed at Kiowa,
Kan., whose duty it was to inspect all cattle coming over the Santa
Fe railway from the Oklahoma territory and central and northern
Texas. J. F. Williams was employed and stationed at Fort Worth,
Tex., to inspect all cattle coming north of government quarantine line
in the state of Texas and the republic of Mexico. The object in lo-
cating Mr. Williams at Fort Worth was that a native division is main-
tained there, it being the only native division maintained south of
government quarantine line. This became necessary on account of
the direction in which the railroads run through Texas, crossing gov-
ernment quarantine line, going from above the line to below the line,
carrying in transportation cattle from the points north of quarantine
to points in Kansas.

By maintaining the native division at Fort Worth, a shorter haul
was made for a number of shippers, and cattle were able to reach des-
tination in many hours’ less time. Besides, three great railway lines
radiate from Fort Worth to points in Kansas, making it easy for
shippers to reach any point in our state from there.

J. G. McCoy was located and employed at the Kansas City stock-
yards to closely observe and inspect all cattle coming from those
yards to points in Kansas, issue health bills for same, and take up
and keep close record of such papers as the cattle carried with them.
All the inspectors named were required to take up affidavits and other
papers accompanying the cattle, and issue permits for them to enter
the state, when, after a close examination, they were found entitled
to do so, make monthly reports of origin and destination of all cattle
so inspected, transmitting the same to this office for final record. In
this way a perfect history of each steer coming into the state from
the south or west is kept, and should a case of Texas fever or any
other disease break out among the cattle of the state it is found easy
to trace the origin of the disease and locate the responsibility.

Besides the inspectors above named, local inspectors were employed
at Caldwell, Kan., to inspect the cattle coming from points south over
the Rock Island. Mr. Dan M. Cunningham, of Coffeyville, and E.

6

C. Collins, of Baxter Springs, were also employed, whose duty it
was to guard the quarantine line and prevent smuggling of cattle
across said line, thereby bringing in Texas fever to endanger the lives
and health of the herds of the Kansas stockmen.

One of the important things accomplished by the Commission and.
its system of inspection was that not a single case of Texas fever suc-
ceeded in getting into the state nor a single infectious steer suc-
ceeded in crossing the line and passing these inspectors after they
were placed at their various positions and assumed the duties of their
office.

The only cases of Texas fever that were reported in the state were
from cattle that came in during what is known as the open season or
from smuggled cattle. With this splendid record behind them, the
Board feels justified in asserting that the only way to keep and pre-
serve the great live-stock interests of the state free from disease is by
a careful inspection of all cattle desiring to enter the state from the
south and west; and in pursuance of this policy, the above record
seems to justify the assertion that the only positive safety to the cat-
tlemen of Kansas is a close and personal inspection—such a one as
has been maintained by this Commission. Below we give asummary
of the outbreaks of fever and other diseases in the state.

Outbreaks of Texas fever occurred in Greenwood, Butler, Sumner,
Montgomery, Chautauqua, Anderson, Cherokee and Linn counties.
Total losses from above-named outbreaks was 169 head. Cattle caus-
ing these outbreaks either came in during the open season or were
smuggled in across quarantine line, contrary to law, with the ex-
ception of that of the outbreaks in Linn county, where twenty-seven
head died. The cattle causing this outbreak were shipped from the
Kansas City stock-yards, and it was impossible to trace their origin
farther back than that. And in Greenwood county the outbreak may >
have been caused by shipment in infected cars, though its origin is
not certainly known. ‘T'wenty head of cattle died from this outbreak.

In Cherokee county is a strip of territory lying along Spring river
which is very favorable for the Texas tick to mature and live through
the most extreme weather—this territory embracing the townships of
Lowell, Garden, and Spring Valley, which join the Missouri state tine
on the east and the Indian territory on the south. More or less fever —
infection has existed in this locality ever since the establishment of
quarantine regulations. During the two years which this report
covers, the Sanitary Commission has maintained.a special quarantine
around this locality, and not allowed cattle from within the territory
to pass to points in Kansas without. Neither have we allowed cattle
from the Indian territory to come into these townships, nor from the

7

state of Missouri. Nevertheless, considerable Texas fever existed in
this territory during the present year, as in the past.

Losses from other diseases of cattle than Texas fever, that came
under the direct supervision of this Commission, are as follows: Elk
county, sixty-eight; Wilson county, twenty-five, and Greenwood
county, seven; making a total of 100. Symptoms, and measures
taken by the Board, were as follows: June 2, 1898, the Commission
was notified that a number of cattle had died in a large herd in a pas-
ture in the northeastern part of Elk county. The herd consisted of
1432 head of cattle, having twelve different owners, residing in Elk,
Wilson and Greenwood counties. One hundred and fifty of these
cattle, while in the feed lot, from Wilson county, lost nine head, and
since being placed in the Elk county pasture, April 25, twenty-two
head of the said cattle had died, and ten head of the other cattle com-
prising said herd had died, all substantially with the same symptoms —
great restlessness, bawling distressfully, fighting other animals and
various objects, and dying within three to nine days, no well-defined
case having recovered. The herd and pasture were placed in quar-
antine.

Veterinarian Paul Fischer, of the agricultural college, at Manhattan,
was called, who gave it as his opinion that the cause of death was im-
paction of the third stomach, which is non-contagious, but advised
quarantine of herd be continued, because there were some things in
the history of this case that suggested hydrophobia. As new cases
of the disease continue to develop, and as the owners of the cattle
occupying adjoining pastures, as well as those owning cattle in the
quarantine pasture. were desirous of a close guard of the outside lines
of said pasture and the safe confinement of the sick cattle, this Com-
mission, having received assurance from the county attorney of Elk
county that the county commissioners of Elk county would pay all
legal charges of the sheriff of said county for carrying out the orders
of this Commission, ordered said sheriff to hold said cattle, and safely
confine all sick cattle, and confine to themselves that part of the herd
in which the cattle died in the feed lot, all of which was done. The
cattle had been supplied with a large amount of ground rock salt in
boxes, which in the rain and sun had become very hard, and it seemed
likely that some of the cattle in licking it may have wounded their
tongues, and the sick cattle licking with them, if affected with ra-
bies, may havé inoculated the others with their saliva through the
fresh wounds. About the time of the other changes described, this
salt was removed from the pasture. From this time on the losses be-
came fewer, and on October 7, all danger seeming past, the quaran-
tine was dismisseed. The total lost in these outbreak was sixty-eight
head.

8

A similar outbreak in another division of the cattle fed in same lot
as above and pastured in the western part of Wilson county caused a
loss of twenty-five head. In the easterly portion of Greenwood
county, in November, in a herd of about sixty cattle, seven died with
the same general symptoms as above. A mad dog, it was believed,
had bitten these last-named cattle about the middle of September.

The disease of blackleg among young cattle, and especially among
calves, not being considered a contagious disease, does not come under
the special. supervision of this Commission, but, from information
gathered, it is believed that the losses from this disease outnumber
that of all others combined in this state. A special article, by Veteri-
narian Paul Fischer, of the agricultural college, in regard to this dis-
ease, will be found in another part of this report.

Some idea of the magnitude of the business done by the Board and
the inspectors employed by them, and the good accomplished, can be
arrived at when the number of cattle that were passed through these
various inspection stations is given. The station at Raton, N. M., was
opened May 1; that at Kiowa, Kan., on April 24; that at Fort Worth,
Tex.,on February 15, and Kansas City stock-yards, February 15. Be-
low we give a summary of the number of curl passing these stations,
their origin, and destination : :

There were shipped and inspected, through the various stations
maintained by us, to points in Kansas, from Texas, 262,340 head;
Oklahoma, 86,240; New Mexico, 29,838; Arizona, 65,030; Old Mexico,
9435 ; Colorado, 1605; Missouri, 3359; California, 2109; making a
grand total to points in Kansas of 459,956 head of cattle. This does
not include cattle inspected from the Kansas City stock-yards.

Permits were issued for 219,048 cattle permitted to enter Kansas
from Kansas City stock-yards over the various railroads leading there-
from, and permits were issued for 22,303 cattle to be driven out, mak-
ing a total of 241,369 cattle that were permitted from the Kansas City
stock-yards shipped and driven to various other points in Kansas.

At the various points where inspection was maintained upon cattle
desiring to enter Kansas, more than 2000 head were turned back, or
the cars tagged and the cattle sent to the Southern division, on ac-
count of being found infectious upon inspection.

In no case were inspectors allowed to issue permits for cathe to
enter Kansas without seeing or personally examining each herd, as
the Commission believed that permits issued without seeing the cattle
were of no value, and if such a policy was indulged in or allowed to
exist it would be equivalent to removing all restrictions and allowing
cattle to come in without hindrance, and would be no protection what-
ever to the cattle interests of the state.

9

RECOMMENDATIONS.

In addition to the report hereby submitted, we offer some sugges-
tions as to changing the laws governing quarantine regulations, and
also make some suggestions that we think would be of interest to the
cattlemen of the state.

Law Changes.—It is provided in section 2, chapter 142, of the
General Statutes of 1897, that the state veterinarian shall be ew officio
Secretary of this Commission, but as there is now no state veterinarian
this part of the law should be amended so that one of the members
should be elected Secretary. :

As it is often necessary to appoint inspectors to guard against the
introduction of live stock into our state that may introduce contagious
diseases, and there is no money appropriated by the legislature to pay
such inspectors, the Commission should be authorized by law to
make a reasonable charge against public carriers and drivers who
bring stock into the state requiring to be inspected. Such authority
should be carefully guarded, and limited against abuse.

Under our present laws, all expense of quarantining against con-
tagious diseases in our state other than Texas fever is a charge against
the state, but no appropriation has been made for this purpose. This
should be remedied by making a small appropriation for this purpose,
or making it a charge against the county where the outbreak occurs.

Under existing laws, Kansas forbids cattle from south of general
Texas-fever quarantine line entering the state, from February 1
to December 1 each year, except for immediate slaughter, implying
that December and January are open months to such importations.
Several herds of these Southern cattle brought into the state last De-
cember caused outbreaks of Southern fever, owing to the mild winter.

It would probably be better to so change the law that the Live-
Stock Sanitary Commission could determine when the open season
should be, and to what extent it should be open; also, the Commis-
sion should be allowed authority to admit properly dipped or other
safe cattle during the so-called close season.

Glanders.—The disease of glanders among horses in times past
has caused aloss of many thousands of dollars among the farmers and.
horse owners in-the country. In 1885, in the first report issued by
the Live-Stock Sanitary Commission, the number of cases of glanders.
reported during the year previous was 1739, covering sixty-seven
counties of the state. Veterinarian Holcomb estimated that probably
about one-half of these were not glanders, but some other disease:
whose outward indications resembled glanders. In addition to this:
number, the board ordered and caused to be killed and buried more
than 100 head of.horses. From time to time many cases of glanders

10

have been reported to the former boards, about twenty cases being
reported to this board in the year 1897. By strict quarantine meas-
ures established by the board wherever a case of glanders was known
to exist, this disease has been reduced toa minimum. Only twelve
cases have been reported to the board for the year 1898.

Another splendid illustration of what results from good sanitary
regulations can be drawn from this fact: In 1869 more than 10,000 head
of cattle died in Kansas from Texas fever. At that time no sanitary
regulations existed in the state, and Southern cattle crossed our border
without inspection or hindrance, and roamed at will over our vast
ranges, carrying death and destruction to all native cattle wherever
they came in contact with them. When you compare the year 1869
with the year 1898, when many thousands more cattle came in than there
did in 1869, and the losses only reached 169 head, you can form some
idea of the good results of safe quarantine regulations. We are justi-
fied in the belief that the difference in the death rate among the cat-
tle of the country between 1869 and that of 1898 is due to the
stringent sanitary measures that have been established and maintained
since 1884. Under the careful management of this Commission, from
year to year continued, the cattlemen’s interests have been carefully
protected. |

All of which is respectfully submitted. JOHN BRYDEN,

TayLoR RIDDLE,
J. B. BEAL,
Live-Stock Sanitary Commission.

11

TEXAS FEVER.

This is a specific fever communicated by cattle which have been
recently moved northward from the infected district south of quaran-
tine line. The claim that the Southern cattle-tick (Boophilus bovis)
is the sole transmitter in all outbreaks is supported by numerous ex-
periments. The proofs that have been obtained in all experiments
held prove beyond a doubt that the tick is the only efficient agent in
producing Texas fever. This is a matter that has been well investi-
gated, and a mass of evidence points to the conclusion that the dis-
ease is never transmitted in any other way. The tick infection is not
a theory but a settled fact.

SYMPTOMS.

The period after which cattle, when exposed. will show symptoms
of the disease varies from thirteen to ninety days. The first notice-
able change in the animal isa weakness, dulness, loss of appetite, and
tendency to leave the herd and stand or lie down alone. The tem-
perature rises from a normal of 101 to sometimes as high as 107, |
which temperature will continue with little or no change until re-
covery or death ensues. ‘The bowels are constipated during the fever,
The urine shows nothing abnormal until near the termination, when
it may be deeply stained with blood. But of one thing you may be
~ assured, if it is Texas fever the tick is always present, sometimes in
large numbers, but frequently only a few will be found. The ticks
are usually found on the inside of the thighs and flanks. They are
occasionally on the neck, and back of hind quarters. The young ticks
are very small and will require a careful examination of the animal to —
detect them. This is especially true of the ticks on Northern cattle.
Symptoms of delirium will be observed in some cases. Death may
ensue in from three days to several weeks after the beginning, but
usually occurs in from four to seven days. ;

Owners of herds who observe sick cattle among them with any
symptoms herein described will do well to at once examine them for
the fever ticks, and if found you may set it down as a case of Texas
fever, and notify the Live-Stock Sanitary Commission at once.

BLACKLEG.

Blackleg is an infectious disease that attacks young cattle, and
preferably those in good flesh. Like all other infectious diseases, it
is caused by a micro-organism, in this case the blackleg bacillus.

12

This organism propagates either within or outside of the animal body.
The soil and climate conditions of certain sections are very favorable
for its development. Other sections are very unfavorable for its de-
velopment.

Blackleg does not usually spread from one animal to another, like
many other infectious diseases, but all animals in an infected herd
become infected from the same source, viz., the soil, or by food con-
taminated with infected soil. The carcass of an animal that died with
blackleg may, however, infect another animal, and it may also perma-
nently infect a district that was before free from the occurrence of the
disease, provided soil and climate conditions are favorable for the
development of the germ. These statements explain why blackleg
occurs in certain districts and not in others, and also why the disease
does n’t spread over the country like other infectious diseases.

SYMPTOMS.

Infection of an animal always takes place by the entrance of the
infectious material into a wound in the skin or mucous membrane of
the mouth or intestines, and sometimes even through the lungs.

Anthrax is characterized by its rapid and usually fatally terminat-
ing course, the symptoms of fever, the appearance of rapidly devel-
oping tumors under the skin, and in many cases a stiff or unnatural
gait. Attending the fever may be noticed loss of appetite and rumi-
nation, separation from rest of herd, etc.

The characteristic swelling may appear in various parts of the body,
especially the upper portions of the legs—the region of the shoulder,
neck, and back. Sometimes the swelling appears in the mouth, at the
palate or base of the tongue.

At first the swelling issmall and painful, but ina short time ( within
a few hours ) it may attain enormous proportions, sometimes affecting
nearly the whole body of the animal.

When the hand is passed over the swelling a peculiar and very |
characteristic crackling sound is produced, which is due to the dry,
parchment-like condition of the skin, and the accumulated gases under
it. The middle portion of the swelling assumes a dark or blackish .
color, and when incised it emits a dark red, foamy, ill-smelling fluid.
The incision is usually painless, due to the fact that the tissue has
become necrotic. One or more of these swellings may be present.
As the swelling increases in size the other symptoms usually also in-
crease in prominence and intensity, respiration increases and becomes
more difficult, the animals groan, and sometimes show symptoms of
colic. Asa rule the disease terminates fatally within the first two or
three days after the appearance of the first observable symptoms.

13

TREATMENT.

_ Medicinal treatment of the disease is practically useless. Nearly
all affected animals die. A rational procedure, however, is to make
deep incisions (vertical ) into the tumors that appear, allow the gaseous
and liquid contents (which swarm with disease germs) to escape, and

then apply strong antiseptics, like five per cent. solution of carbolic

acid. At the least this treatment can do no harm.

Prevention is the all-important treatment for blackleg. Knowing
that this disease occurs only in certain districts, and often only in
certain fields of a farm (which the germs inhabit permanently), we
can prevent the disease by avoiding the use of these fields for pasture
purposes. Such fields or farms should be used for the production of
cultivated crops. These can then be fed to stock with much greater
safety than allowing the cattle to pasture on the fields that produced
the crops. Rough fodder, corn-stalks, etc., that can produce the

slightest wounds on the skin or mucous membranes of the mouth in-

crease the chance of infection, because infection invariably takes
place through such a wound. We have here another indication of
how chances of infection may be lessened.

The observance of the precautions above suggested is sufficient on
many farms to avoid blackleg altogether. On other farms, and es-
pecially on large ranches, these suggestions are very impracticable,
and we must look to other methods for a way out of the difficulty. It
is a matter of common observation that the few animals that survive
an attack of blackleg are seldom, if ever, attacked a second time. Re-
covery from the first attack produces in them an immunity against
future attacks. Whether the first attack was violent or mild, the im-
munity produced isthe same. On this observation is based the theory
of protective inoculation, which consists, essentially, in the artificial
production of a mild form of blackleg by means ‘of inoculating with a
quantity of blackleg germs that have been artificially weakened in
their disease-producing “power by subjecting them to the action of a
high temperature for a certain time.

According to the first experimenters along this line, Arloing, Cor-
nevin, and Thomas, two successive inoculations, with inoculating ma-
terials of different strength, are required to produce immunity. It
requires some degree of expertness and care to perform the inocula-
tions properly.

The virus used for this purpose is prepared on a commercial scale
and offered for sale by several firms in this country.

EXTRACTS FROM THE SANITARY LAWS OF THE
STATE OF KANSAS.

Chapter 142, General Statutes of 1897; also, chapter 2, Laws of 1884, as amended by chapter 352,
Laws of 1895,

LIVE-STOCK SANITARY COMMISSION.

Section 1. Three Commissioners, to be appointed by the governor by and
with the advice and consent of the senate, shall constitute the Live-Stock Sani-
tary Commission of the state of Kansas. Before entering upon the duties of his
office each Commissioner shall take and subscribe the oath of officeand filethe same
with the secretary of state ; and each Commissioner, before entering on the perform-
ance of his duties, shall execute a bond, to be approved by the executive coun-
cil, in the sum of two thousand dollars, conditioned that he will faithfully
perform the duties of his office, and file the same with the secretary of state.
The term of office of said Commissioners shall be for the period of one, two and
three years respectively, from the 1st day of April next succeeding their
appointment, and the governor shall have power to fill any vacancy in said Com-
mission.

PROTECTION TO DOMESTIC ANIMALS.

Sec. 3. It shall be the duty of the Commission provided for in the first section
of this act to protect the health of the domestic animals of the state from all
contagious or infectious diseases of a malignant character, and for this purpose
it is hereby authorized and empowered to establish, maintain and enforce such
quarantine, sanitary and other regulations as it may deem necessary.

Sec. 4. It shall be the duty of any member of said Commission, upon receipt
by him of reliable information of the existence among the domestic animals of
the state of any malignant disease, to go at once to the place where any such dis-
ease is alleged to exist, and make a careful examination of the animals believed
' to be affected with any such disease, and ascertain, if possible, what, if any, dis-
ease exists among the live stock reported to be affected and whether the same is
contagious or infectious or not, and if such disease is found to be of a malig-
nant, contagious or infectious character, he shall direct the temporary quaran-
tine and sanitary regulations necessary to prevent the spread of any such disease,
and if in his judgment, or in the judgment of the Commission, there is need of
technical knowledge and examination on the subject, he or they may call upon
the veterinary surgeon of the agricultural college to visit the place where said
disease is supposed to exist, and take his opinion thereon.

Src. 5. If the member of the Commission examining the place where such
disease is supposed to exist shall be of the opinion that the exigencies of the case
require, he shall immediately convene the Commission at such place as he may
designate; and if upon consideration of his report the Commission shall be satis-
fied that any contagious or infectious disease exists of a malignant character,
which seriously threatens the health of domestic animals, they shall proceed at
once to the infected district, ascertgin and determine the premises or grounds
infected, and establish the quarantine, sanitary and police regulations necessary
to circumscribe and exterminate such disease; also to list and describe the do-
mestic animals affected with such disease, and those which have been exposed
thereto and included within the infected district or premises so defined and
quarantined, with such reasonable certainty as would lead to their identification,

15

and for that purpose the said Commission may, in its discretion, cause the live
stock so included within the quarantine lines established to be marked or branded
in such manner as the Commissioners may designate, and no domestic animal
liable to become infected with the disease or capable of communicating the same
shall be permitted to enter or leave the district, premises or grounds so quaran-
tined except by authority of the Commissioners.

Src. 6. The said Commission shall also from time to time give and enforce
directions, and prescribe such rules and regulations as to separating, mode of
handling, treating, feeding and caring for such diseased and exposed animals as
it shall deem necessary to prevent the two classes of animals from coming in con-
tact with each other, and perfectly isolate them from all other domestic animals
which have not been exposed thereto and which are susceptible of becoming in-
fected with the disease. And the said Commission or any of the members thereof
are hereby authorized and empowered to enter upon any grounds or premises to
carry out the provisions of this act.

IMPORTATION OF DISEASED LIVE STOCK PROHIBITED.

Sec. 7. Whenever the governor of the state shall have good reason to believe
dangerous, contagious or infectious disease has become epidemic in certain
localities in other states, territories, or countries, or that there are conditions
which render such domestic animals from such infected districts liable to convey
such disease, he shall by proclamation prohibit the importation of any live stock
of the kind diseased into the state, unless accompanied by a certificate of health
given by a duly authorized veterinary inspector; and all such animals arriving
in this state shall be examined without delay by the Live-Stock Commission or
some member thereof, and if deemed necessary placed in close quarantine until
all danger of infection is past, when they shall be released by the order of the
Live-Stock Commission.

DISEASED ANIMALS MAY BE KILLED.

Src. 10. When the Commission shall have determined the quarantine and
other regulations necessary to prevent the spread among domestic animals of any
malignant, contagious or infectious disease found to exist among the live stock
of the state, and given its order as hereinbefore provided prescribing quarantine
and other regulations, it shall notify the governor thereof, who shall issue his
proclamation proclaiming the boundary of such quarantine, and the orders, rules
and regulations prescribed by the Commission, which proclamation may be pub-
lished by written or printed handbills posted within the boundaries or on the
lines of the district, premises, places or grounds quarantined, or by being pub-
lished in the official state paper; provided, that if the Commission decide that it
is not necessary, by reason of the limited extent of the district in which such dis-
ease exists, that a proclamation should be issued, then none shall be issued, but
such Commission shall give such notice as may to it seem best to make the quar-
antine established by it effective.

Src. 11. The Commission provided for in this act shall haved power to employ
at the expense of the state such persons and purchase such supplies and material
as may be necessary to carry into full effect all orders by it given as hereinbefore
provided; provided, that no labor shall be employed nor material or supplies
purchased by the Commission except such additional labor, material and supplies
as may be necessary to carry into effect the garantie and other regulations
prescribed by the Commission.

Src. 13. It shall be the duty of any owneror person in charge of any domestic
animal or animals who discovers, suspects or has reason to believe that any of his

16

domestic animals, or domestic animals in his charge, are affected with any con-
tagious or infectious disease to immediately report such fact, belief or suspicion
to the Commission, or any member thereof, and to the sheriff and county clerk of
the county in which such domestic animal is found; and it shall be the duty of
any person who discovers the existence of any contagious or infectious disease
among the domestic animals of another to report the same at once to the sheriff
and county clerk of the county in which such domestic animal is found.

Sec. 14. The sheriff to whom the existence of any infectious or contagious
disease of domestic animals is reported shall forthwith proceed to the place where
such domestic animal is and examine the same, and forthwith report the result
of such examination to the Commission, or any member thereof, and shall pre-
scribe such temporary quarantine regulations as will prevent the spread of the
contagion or infection until the Live Stock Sanitary Commission can provide and
order suitable quarantine rules and regulations.

Sec. 16. The Commissioners shall have the power to call upon any sheriff,
under-sheriff, deputy sheriff or constable to execute their orders, and such
officers shall obey the orders of said Commissioners, and the officers performing
such duties shall receive compensation therefor as is prescribed by law for like
services, to be paid as other expenses of said Commission as hereinbefore pro-
vided; and any officer may arrest on view and take before any magistrate of the
county any person found violating the provisions of this act, and such officer
shall immediately notify the county attorney of such arrest, and he shall prose-
cute the person so offending according to law.

Sec. 17. It shall be the duty of the railway corporations doing business in
this state to cleanse and disinfect the cars used by them in transporting stock in
this state at such times and piaces as the Commission may designate, whenever
in the opinion of the Commission any such order may be necessary to prevent the
spread of infectious or contagious diseases. Any such corporation violating any
of the provisions of this section shall be liable to a penalty of $500 for each
offense, to be recovered in a civil action to be prosecuted under the direction of
the attorney-general in the name of the state of Kansas.

Sec. 18. Except as otherwise provided in this act, any person who shall
violate, disregard, or evade, or attempt to violate, disregard, or evade, any of the
provisions of this act, or who shall violate, disregard, or evade, or attempt to
violate, disregard, or evade, any of the rules, regulations, orders or directions
of the Live-Stock Sanitary Commission establishing and governing quarantine,
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined in any sum not less than $100 nor more than $5000.

Sec. 19. Any person who shall have in ,his possession any domestic animal
affected with any contagious or infectious disease, knowing such animal to be so
affected, or after having received notice that such animal is so affected, who
shall permit such animal to run at large, or who shall keep such animal where
other. domestic animals not affected by or previously exposed to such disease may
be exposed to its contagion or infection, or who shall sell, ship, drive, trade or
give away such diseased animal or animals which have been exposed to such in-
fection or contagion, or who shall move or drive any domestic animal in violation
of any direction, rule, regulation or order establishing and regulating quaran-
tine, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be fined in any sum not less than $100 nor more than $500 for each of such
diseased or exposed domestic animals which he shall! permit to run at large or
keep, or sell, ship, drive, trade, or give away, in violation of the provisions of
this act; provided, that any owner of any domestic animal which has been

SS ae

17

affected with or exposed to any contagious or infectious disease may dispose of
the same after having obtained from the state veterinarian a bill of health for
such animal.

QUARANTINE AGAINST TEXAS FEVER.

Szc. 20. The Live-Stock Sanitary Commission is authorized and directed to
cooperate with the commissioner of agriculture of the United States or any officer
or authority of the general government in the suppression and extirpation of any
and all contagious diseases among domestic animals and in the enforcement and
execution of any and all acts of congress to prevent the importation or exporta-
tion of diseased cattle and the spread of infectious or contagious disease among
domestic animals.

PENALTIES FOR IMPORTING DISEASED ANIMALS, ETC.

SEc. 22. Any person who shall knowingly bring into this state any domestic
animal which is affected with any contagious or infectious disease or any animal
which has been exposed to any contagious or infectious disease shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum
not less than $500 nor more than $5000.

Sec. 23. Any person who owns or is in possession of live stock which is or
which is suspected or reported to be affected with any infectious or contagious
disease who shall refuse to allow the authorized officer or officers to examine
such stock, or shall hinder or obstruct the authorized officer or officers in any ex-
amination of or in an attempt to examine such stock, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in any sum not less than
$100 nor more than $500.

INSPECTOR OF LIVE STOCK.

Src. 24. The owners of any stock-yard doing business in this state, when re-
quested by the Live-Stock Sanitary Commission, shall appoint and keep con-
stantly in their employ, at their expense, a competent inspector of live stock,
whose duty it shall be to daily inspect with care all animals brought into the
stock-yards in whose employ any such inspector may be; and upon the discovery
by such inspector in such yards of any animal affected with any malignant, con-
tagious or infectious disease, he shall direct the manner in which any such dis-
eased animal shall be disposed of, so as to prevent the spread of such contagious
or infectious disease, and for this purpose may cause any such diseased animal
to be killed, and the carcass to be disposed of at the expense of the owner thereof
in such manner as will prevent the spread of any such disease; but in no event
shall any such diseased stock be permitted to be driven or shipped out of any
such stock-yards, except to some rendering establishment or other suitable place
for killing and disposing of such diseased animal as hereinbefore provided for, and
then under such regulations and restrictions as may be necessary to prevent the
spread of the disease on account of which any such animals have been condemned:
provided, that the owner of any animal or animals ordered to be destroyed by any
inspector shall have the right to appeal from any decision of such inspector to
the Live-Stock Sanitary Commission, and during the pendency of such appeal,
the condemned animals shall be kept in strict quarantine at the expense of the
owner thereof; and provided further, that no compensation shall be made by the
state to owners of diseased live stock found in public stock-yards and destroyed
as herein provided. The inspector of live stock in any stock-yards in this state
shall, on demand of the owner of any live stock passing through any such stock-
yards, furnish to such owner a bill of health for any live stock by him inspected
as hereinbefore required, and found to be healthy. -

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COMPENSATION OF COMMISSIONERS.

Sec. 25. The members of the Commission appointed by the governor as here-
inbefore provided shall receive five dollars per day for the time by them nec-
essarily employed in the discharge of the duties required by this act, and each
member of the Commission and the veterinary surgeon of the agricultural college
hereinbefore provided for shall receive the actual necessary traveling expenses
by them incurred and paid in the discharge of their duties required of them by
the provisions of this act, which said per diem and expenses shall be drawn from
treasury on the warrants of the auditor, to be issued on the filing in his office of
an itemized account thereof properly verified.

Sec. 26. For the purposes of this act, each member of the Live-Stock Sani-
tary Commission is hereby authorized and empowered to administer oaths and
affirmations.

PROTECTION AGAINST TEXAS, SPLENIC OR SPANISH FEVER.
Chapter 139, General Statutes of 1897; also, chapter 161, Laws of 1881.

Section 1. No person or persons shall drive or cause to be driven into or
through any county in this state any cattle diseased with a disease known as
Texas, splenic or Spanish fever. Any person violating any provision of this act
shall on conviction be adjudged guilty of a misdemeanor, and shall be fined not
less than $100 and not more than $1000, and be imprisoned in the county jail
not less than thirty days and not more than one year.

Sec. 2. Upon the arrest of any person or persons charged with the violation
of any of the provisions of this act, all cattle found in his or their possession
shall, during the arrest and trial of the offenders, be stopped and taken charge
of by the officer or person executing the warrant of arrest, to abide the judgment
of the court before whom the offender or offenders shall be tried. .

Sec. 3. Upon a complaint made to any sheriff within the state, by any citizen
thereof, that there are within the county where said sheriff resides wild or un-
domesticated cattle infected or diseased with what is commonly known as Texas,
splenic or Spanish fever, said sheriff shall forthwith take charge of said cattle
and corral the same, or otherwise prevent their running at large, until said com-
plaint shall be investigated as hereinafter provided.

Src. 7. Any person or persons who shall drive or cause to be driven into or
through any county in this state any of the cattle mentioned in section 1 of this
act, in violation of this act, shall be hable to the party injured for all damages
that may arise from the communication of disease from the cattle so driven, to
be recovered in civil action; and the party so injured shall have a lien upon the
cattle so driven.

Sec. 9. Justices of the peace within their respective counties shall have
criminal jurisdiction in all cases arising under the provisions of this act.

Src. 10. It shall be the duty of the prosecuting attorney of the proper county
to prosecute on behalf of the state all criminal cases arising under this act.

-Sec. 13. No person or persons shall, between the Ist day of February and
the lst day of December of any year, drive or cause to be driven into or through
any county or part thereof in this state, or turn upon or cause to be turned or
kept upon any highway, range, common or pasture within this state, any cattle
capable of communicating or liable to impart what is known as Texas, splenic or —
Spanish fever. Any persons violating any provisions of this act shall, upon con-
viction thereof, be adjudged guilty of a misdemeanor, and shall for each offense

16,

be fined not less than $500 nor more than $2000, or be imprisoned in the county
jail not less than thirty days and not more than one year, or by both such fine
and imprisonment. _

Src. 14. It shall be the duty of any sheriff, under-sheriff, deputy sheriff or
constable within this state, upon a complaint made to him by any citizen of the
state, or otherwise having notice or knowledge that there are within the county
where such officer resides cattle believed to be capabie of communicating or liable
to impart the disease known as Texas, splenic or Spanish fever, to forthwith take
charge of and restrain such cattle under such temporary quarantine regulations
as will prevent the communication of such disease, and make immediate report
thereof to the Live-Stock Sanitary Commission; and such officer shall keep said
cattle in custody as aforesaid until released by order of said Live-Stock Sanitary
Commission, and no officer who shall take or detain any cattle under the pro-
visions of this act shall be liable to the owner or owners of such cattle for any

damages by reason of such taking or detention, or by reason of the performances

of any other duty enjoined in this act.

Sec. 15. Whenever the Live-Stock Sanitary Commission shall determine that
certain cattle within the state are-capable of communicating or liable of impart-
ing Texas, splenic or Spanish fever, they shall issue their order to the sheriff or
any constable of the county in which said cattle are found, commanding him to
take and keep such cattle in his custody, subject to such quarantine regulations
as they may prescribe, until the lst day of December next ensuing, on which
date they shall direct such officer to deliver said cattle to their owner or owners,
or his or their agent. Before any cattle so held shall be delivered as aforesaid,
there shall be paid to said Live-Stock Sanitary Commission all the costs and ex-
penses of taking, detaining and holding said cattle; and in case such costs and
expenses are not so paid on the said ist day of December, the said officer shall
advertise, in the same manner as is by law provided in cases of sales of personal
property on execution, that he will sell such cattle or such portions thereof as
may be necessary to pay such costs and expenses, besides the expenses of such
sale. And at the time and place so advertised he shall proceed to sell as many
of said cattle as may be necessary to pay off such costs and expenses and the ex-
penses of sale, and shall forthwith pay over to the Live-Stock Sanitary Commis-
sion any amount so received in excess of the legal fees and expenses of such
officer. And any officer performing any of the duties enjoined in this section, or
in the next preceding section of this act, shall receive the same compensation
therefor as is prescribed by law for similar services; and in case such fees can-
not be collected by the sale of such stock, they shall be paid by the county in
which such cattle were held.

Sec. 16. Any person or persons who shall drive, ship, or transport, or cause to
be shipped, driven, or transported, into or through any county in this state, any
cattle liable or capable of communicating Texas, splenic or Spanish fever to any
domestic cattle of this state, shall be liable to any person or persons injured
thereby for all damages that they may sustain by reason of the communication of
said disease, or Texas, splenic or Spanish fever, to be recovered in a civil action
in any court of competent jurisdiction, and the parties so injured shall have a
first and prior lien to all other liens for such damages on the cattle communicat-
ing the disease of Texas, splenic or Spanish fever.

Sec. 18. Whenever two or more persons shall, in violation of this act,at the
same time, or at different times during the same year, drive or cause to be driven
upon the same highway, range, common or pasture within this state any cat-
tle capable of communicating or liable to impart Texas, splenic or Spanish

20

fever, they shall be jointly and severally liable for all damages that may arise
from the communication of such disease at any time thereafter during the same
year to any native, domestic or acclimated cattle that shall have been upon the
same highway, range, common or pasture so previously traveled over by such
first-mentioned cattle.

Sec. 19. Justices of the peace within their respective counties shall have
criminal jurisdiction in all cases arising under the provisions of this act.

Sec. 20. It shall be the duty of the prosecuting attorney of the proper county
to prosecute on behalf of the state all criminal cases arising under this act.