Cory v. Graybill

Citations

• 96 Kan. 20
• 149 P. 417
• 1915 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Live STOCK — Diseased Cattle — Brought into State in Violation of Law —Tests—Statute and Buies of Sanitary Commission Must be Strictly Complied with. Section 7 of chapter 312 of the Laws of 1911 provides, among other things, that the right of indemnity for animals killed by order of the live-stock sanitary commissioner, pursuant to his duty to protect the health of domestic animals of the state, shall not extend to animals which were brought into the state from a district of another state infected with the disease on account of which the animals are killed, or which were brought into the-state in disregard of any rule, regulation, or order of the live-stock sanitary commissioner. Rule 10, promulgated by the live-stock sanitary commissioner, provides that no cattle to be used for dairy purposes, or pure-bred or registered cattle to be used for breeding purposes, shall be admitted into Kansas unless accompanied by a certificate of satisfactory tuberculin test showing them to be free from tuberculosis, applied within thirty days prior to movement, by a veterinary inspector of the bureau of animal industry, or by a veterinarian whose competency and reliability are certified to by the authorities charged with the control of diseases of domestic animals in the state where the cattle originated. One copy of such certificate must be given to the owner or person in charge, one sent to the live-stock sanitary commissioner at Topeka, and one to the common carrier to attach to the way bill. Held, the rule must be strictly complied with. It is not sufficient that the test be applied by a veterinarian whose licensé to practice his profession is issued by the board charged with the control of diseases of domestic animals in the state where the cattle originate. The test must be made by a veterinarian whose competency and reliability are certified to by such board, or else by a veterinary inspector of the bureau of animal industry, and a copy of