SEC. 31. An emergency exists, and this act shall take effect imme

Emergency. diately.

Approved March 16, 1901.

AN ACT To amend sections 2 and 5 of an act entitled "An act providing for the creation of the office of the State veterinary surgeon and defining his duties," approved March 22, 1895.

Be it enacted by the Legislature of the State of Washington:

SECTION 1. That section 2 of an act approved March

Duties of State veterinarian. 22, 1895, entitled "An act providing for the creation of the office of the State veterinary surgeon and defining his duties," be, and the same is hereby, amended to read as follows:

66

SEC. 2. He shall have general supervision of all contagious and infectious diseases among domestic animals within or that may be in transit through the State, and he is authorized and empowered to inspect and test all cattle within the State for tuberculosis whenever in his judgment it is deemed advisable, and he is empowered to establish quarantine against any and all such animals affected with any contagious or infectious disease or diseases, or that have been exposed to others thus diseased, whether within or without the State; and he may, with the concurrence of the State board of health, make such rules and regulations as he may deem necessary for the protection against the spread and for the suppression of said disease or diseases, which rules and regulations, after the concurrence of the governor, shall be published and enforced, and in doing said things, or any of them, he shall have the power to call on any one or more peace officers, whose duty it shall be to give him all the assistance in their power."

Destruction of diseased animals. SEC. 3. That section 5 of said act be amended to

read as follows:

"SEC. 5. Whenever in the opinion of the State veterinary surgeon the public welfare demands the destruction of any diseased animal under the provisions of this act, he shall cause the same to be destroyed. No stock shall be destroyed except on the written order of the State veterinary surgeon. The governor of the State, with the State veterinary surgeon, may cooperate with the Government of the United States for the object of this act, and the governor is hereby authorized to receive and receipt for any money receivable by this State through provisions of any act of Congress which may at any time be in force upon this subject, and to pay the same into the State treasury to be used according to the act of Congress and the provisions of this act."

Approved March 16, 1901.

WEST VIRGINIA.

AN ACT To prevent the introduction and spread of contagious diseases among domestic animals. Be it enacted by the Legislature of West Virginia:

That chapter fifty-three of the acts of one thousand eight hundred and ninety-nine be amended and reenacted and additional section added thereto, so as to read as follows:

1. That when it shall be brought to the notice of the Quarantine regulations. secretary of the board of agriculture that any contagious or infectious disease not otherwise provided for by law prevails among domestic animals, he shall take such measures to prevent its spread as may be deemed expedient, and for this purpose shall give written instructions or permits to one or more of his consulting veterinarians of the State board, giving him or them power to place infected animals, herds, buildings, lots, and farms in quarantine and to prevent the movement of animals or objects likely to carry the contagion, except on proper permits by one or more of the said consulting veterinarians.

2. All the work of the veterinarians shall be promptly Veterinarian to report. and fully reported to the secretary on such blanks and forms as he may supply, and with the consent and approval of the board, and such rules and regulations for the government of such quarantine as may be deemed necessary to effectively carry out the provisions of this act may be adopted and enforced.

Penalty for violation. 3. That any person, persons, or corporation who shall fail to report to the said secretary any importation of any domestic animals for breeding purposes into this State, or who shall wilfully or intentionally interfere with any officer or officers authorized to carry out the provisions of this act, or who shall wilfully or intentionally violate the provisions of the quarantine authorized in this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be liable to imprisonment of not exceeding three months, or a fine not exceeding one hundred dollars ($100), or both, at the discretion of the

court.

Inspection of herds. 4. That it shall be the duty of the said consulting veterina

rian, under the direction and control of the secretary, to visit once a year, at such time as the secretary may direct, and examine, and, if deemed necessary, test in a proper manner all thoroughbred herds of twenty or more within this State which are kept for the purpose of producing animals for breeding purposes and to be sold to the public as such. Should the veterinarian making the examination find such animals free from any contagious or infectious disease, he shall issue to the owner or owners a certificate stating that fact. Should he find any contagious or infectious disease prevailing, he shall then proceed as authorized in section seven of this act. It shall further be the duty of said consulting veterinarian, under the same direction and control, to visit annually, at such time as the secretary may direct, and inspect, and, if deemed necessary, thoroughly test all dairy herds of ten or more cows within this State, the products of which are sold to the public. Should the animals prove to be free from any contagious or infectious disease, said veterinarian shall issue to the owner or owners of such herd a certificate to that effect. Should any of the animals prove to be affected with tuberculosis or any other disease of a dangerous nature, it shall then be the duty of said veterinarian to proceed as authorized in section seven of this act.

Charges of veterinarian. said consulting veterinarian shall receive a per diem of For such services as are not prescribed for in this act four dollars ($4) per day for actual time of service, which shall be paid by the owner or owners of animals that are examined. The actual traveling and other expenses incurred by said veterinarian shall be paid by the State board of agriculture out of current appropriations for the purpose, on an order signed by the president and secretary of the said board. Full and complete reports of all services performed by the veterinarian shall be promptly made to the said secretary, on such blanks as he may supply and in such form as he may require.

Cases to be reported. 5. That it shall be the duty of the consulting veterinarians having cases in charge to report the same fully and promptly to the said secretary, in such form as he may prescribe.

6. That when in the judgment of the secretary of the Powers of veterinarian. board public interest and safety demand it, he may give written authority to any consulting veterinarian of the board, who shall be a graduate of some reputable veterianary college, to examine any animal or animals or any buildings or farms suspected, and the decision of such veterinarian, after proper examination and under the provisions of this act and such rules and regulations as the board may prescribe, shall be final, and said veterinarian may proceed to quarantine, to destroy, to order burned or buried, or to take any other action authorized by this act and the rules of said board.

Compensation. For such services the veterinarian shall receive a per diem of four

dollars (84) per day and actual expenses while engaged, which shall be paid out of the current appropriations made for the enforcement of this act and on an order signed by the president and secretary of the board.

7. That when it shall be found necessary or expedient to kill any Appraisements. animal or animals to prevent the spread of contagious or infectious diseases, it or they shall first be appraised by three disinterested and sworn appraisers, who shall have due consideration of the actual condition of the animal or animals at the appraisement, and the owner or owners of such animal or animals so destroyed shall be entitled to receive from the secretary of the board of agriculture a certificate of value, as appraised by said appraisers, subject to the consent and approval of said board. For such services each appraiser shall receive a per diem of one dollar ($1) per day, to be paid out of current appropriations made for the enforcement of this act and on an order signed by the president and secretary of the said board.

Payment for animals slaughtered. holders of such certificates of value shall be 8. That at the end of each fiscal year the paid the same from the current appropriations made for the purpose: Provided, That the amount to be paid on such certificates in any one year shall not exceed the sum of five thousand dollars ($5,000), which amount shall be paid pro rata at the end of each fiscal year, on an order signed by the president and secretary of the State board of agriculture.

Cooperation with United infectious diseases of domestic animals the secretary of 9. That for the economical eradication of contagious or States Government. the State board of agriculture shall have power, with the approval and consent of said board, to arrange for and carry into effect terms of cooperation with the proper officers of the National Government. Repealing clause. Passed February 21, 1901. Approved February 22, 1901

10. That all acts or parts of acts inconsistent herewith are hereby repealed.

In effect ninety days from passage.

WISCONSIN.

AN ACT For the establishment of a live-stock sanitary board.

The people of the State of Wisconsin represented in Senate and Assembly do enact as follows:

SECTION 1. There is hereby constituted a State live-stock Constitution of board. sanitary board, which shall consist of three members of the State board of agriculture, to be chosen by that body from its membership, the bacteriologist of the State agricultural college, and the State veterinarian; the last two mentioned members to be ex officio members of the board, and the State veterinarian to serve without additional compensation. The members selected from the State board of agriculture shall hold office for a term of three years, except that the member first chosen shall hold his position for one year, the second for two years, and the third for three years from the first day of June, 1901.

Compensation of members. They shall serve without salary, but shall be paid three dollars ($3) per day, and all members of the board shall be paid their actual expenses when in the discharge of their duties. Meetings of the board shall be limited to twelve in each year, and the service of no member on said board, for which a per diem is paid, shall exceed thirty days in any one year. The board may organize by the election of a president and secretary and shall hold its office in such room in the capitol as the governor may designate.

SEC. 2. It shall be the duty of the State live-stock sanitary board Duties of board. to protect the health of domestic animals of the State; to determine and employ the most efficient and practical means for the prevention, suppression, control, or eradication of dangerous, contagious, or infectious diseases among domestic animals; and for these purposes it is hereby authorized and empowered to establish, maintain, enforce, and regulate such quarantine and other measures relating to the movement and care of animals and their products, the disinfection of suspected localities and articles and the disposition of animals, as it may deem necessary, and to adopt from time to time all such regulations as may be necessary and proper for carrying out the purposes of this act: Provided, however, In the case of slowly contagious diseases, only suspected or diseased animals shall be quarantined, and in case of bovine tuberculosis or actimonycosis, the owner shall be granted the option of retaining the animals in quarantine, under such restrictions as the board may prescribe.

of animals.

Slaughter and appraisement SEC. 3. Whenever the owner shall not exercise option and it shall be deemed necessary by the board to slaughter diseased animals, written notice shall be given to the owner, his agent, or the person in charge of such animals, and to a justice of the peace in the county in which the animals may be, of the purpose to order the slaughter thereof, giving the number and description of the animals and the name of the owner, if known. Such notice shall be entered on the docket of such justice, who shall immediately thereafter summon such owner, agent, or possessor, and also three disinterested citizens of the county, not residents of the immediate neighborhood in which such animals are owned or kept, to appraise the value

thereof. Such appraisers shall, before entering upon the discharge of their duties, be sworn by such justice to make a true appraisement without prejudice or favor of the value of such animals, and they shall certify in their return that they have seen the appraised animals slaughtered. In making appraisement of diseased animals the appraisers shall determine their value in the condition in which they are found at the time of appraisement; but the appraised value of no single animal shall exceed fifty dollars ($50). If such appraised animals are slaughtered, said slaughter shall be made under the direction of the local health officer or the chairman of the town board. The owner of slaughtered animals shall receive no compensation for the same until the live-stock sanitary board is satisfied that the infected premises have been disinfected in such a manner as to prevent the further spread of disease.

Importations may be prohibited. board shall have reason to believe that there SEC. 4. Whenever the State live-stock sanitary is danger of the introduction into this State of any contagious or infectious disease prevailing among domestic animals in any district outside this State, or its dissemination from one district in this State to another, it shall investigate the existing conditions, and if it conclude that danger exists to the live-stock interests of this State therefrom, it may, with the advice and consent of the governor, prohibit the importation of animals of the kind diseased from the infected district into this State, or the moving of them from one part of the State to another, except under such regulations as the board may establish.

It shall be the duty of every person who shall have Owners must report disease. reason to suspect that there is upon his premises, or upon the premises occupied by him, or under his control, any domestic animal having a contagious or infectious disease, to immediately report the fact to the local board of health or some member of the same, who shall immediately report such case to the State veterinarian or the secretary of the board. The board or State veterinarian may require the owner of suspected stock to employ at his own expense a qualified veterinary surgeon to examine such stock and determine whether, in his opinion, the disease exists.

This board or any member thereof may enter upon any Premises may be entered. premises or go into any building or place where he has reason to suspect there may be diseased animals and examine the same, and may call to his aid, if necessary, the sheriff or any constable of the county in which such animals may be located; and all such officers when so called upon shall assist such board or member thereof in the enforcement of the provisions of this act. Animals in transit in the State are hereby declared to be under the provisions of this act.

Claims for slaughtered animals. SEC. 5. All claims against the State arising from the slaughter of animals, as above provided, shall be made by filing with the secretary of state a copy of the State veterinarian's notice to the justice of the peace, and the return of the appraisers to the justice, which notice and return shall be certified by him. The secretary of State shall examine these, and if satisfied that the amount awarded is just and that the owner of the animals slaughtered is entitled to indemnity, shall issue his warrant for two-thirds of the sum named in such return; but if he shall have reason to believe that the appraised value is greater than the real value of such animals he shall pay such owner such less sum as he may deem just: Provided, That the right to indemnity shall not exist nor shall payment be made in either of the following cases: First, for animals owned by the United States, this State, or any county, city, town, or village in this State; second, for animals brought into this State contrary to the provisions of this act, or where the owner of the animal or the person claiming compensation has failed to comply with the provisions of the same; third, when the owner or claimant, at the time of coming into possession of the animal knew, or had good reason to believe, it to be afflicted with a contagious or infectious disease; fourth, when the animal slaughtered was diseased at the time of its arrival in this State; fifth, when the owner shall have been guilty of negligence or has wilfully exposed such animal to the influences of a contagious or infectious disease.

Allowance for experiments. SEC. 6. The State live-stock sanitary board shall be allowed, for experimental purposes, with the consent and approval of the governor, a sum not to exceed five hundred dollars ($500) annually, which bills of expenditure shall be audited and approved by the governor. It shall from time to time issue such bulletins of information as it may deem advisable, which, with the report of the board to be made to the governor in October of each year, shall be printed by the commissioners of public printing, the bulletins in such number as the governor may approve, and one thousand copies of the report of this board, five hundred of which shall be bound.

Assistant veterinary surgeons. to his assistance, as may be necessary in the perThe State veterinarian is hereby authorized to call formance of his work, duly qualified veterinary surgeons, who shall be paid for their services at the rate of seven dollars ($7) per day and their actual expenses for the time they are actually employed as assistants. Their accounts shall be audited upon itemized vouchers, certified to by the State veterinarian and approved by the governor; but no person shall be considered a veterinary surgeon within the meaning of this act who is not a regular graduate in good standing of some recognized veterinary college in the United States, Canada, or Europe.

Compensation for appraisers, etc. The appraisers herein provided for shall receive two dollars ($2) for each day actually employed as such, which amount shall be paid out of the county treasury, upon the certificate of the justice by whom they were summoned. The justice of the peace and other officers who may perform any duty hereunder shall have the same fees as are allowed by law in criminal proceedings in justice courts, and shall be paid by the county in which their services are performed.

Office supplies. SEC. 7. The superintendent of public property is hereby instructed to furnish the State live-stock sanitary board with the necessary stationery and postage stamps for its work.

Repealing clause.

SEC. 8. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 9. This act shall take effect and be in force from and after June first, 1901. Approved May 15, 1901.