235 F. 961 | W.D. Pa. | 1916
By leave of court, the United States attorney filed an information against the defendant, charging transportation from Beaver county, Pa., into the state of West Virginia of a quantity of cattle hides without first having been disinfected under the supervision of an inspector of the Bureau of Animal Industry, or without a certificate furnished to the carrier at the point of shipment, certifying that the hides had been removed from the animals prior to August 1,1914, and had been stored away from such animals. The information is made under Act Feb. 2, 1903,’ 32 Stat. 791. The act is entitled “An act to enable the Secretary of Agriculture to [more] effectually suppress and prevent the spread of contagious and infectious diseases of live stock, and for other purposes.” By the first section it is provided that in .order to enable the Secretary of Agriculture to effectually suppress or extirpate contagious foot and mouth diseases and other dangerous contagious and communicable diseases in cattle and other live stock and to prevent the spread of such diseases, the Secretary of Agriculture is authorized and directed from time to time to establish such rules and regulations concerning the transportation of live stock in interstate commerce as he may deem necessary, and all such rules and regulations shall have the force of law.
The second section provides that the Secretary of Agriculture shall have authority to make such regulations and take such measures as he may deem proper to prevent die introduction and dissemination of the contagion of any contagious, infectious or 'communicable diseases of animals in interstate commerce and to seize, quarantine, and to dispose of any hay, straw, fodder, or other similar material, or any meat,
The third section provides:
“That any person, company, or corporation knowingly violating tho provisions oí this Act or the orders or regulations made in pursuance thereof shall be guilty of a misdemeanor.”
By order No. 231 of the Bureau of Animal Industry “to prevent the spread of foot and mouth diseases in cattle, sheep and other ruminants and swine, effective on and after January 1, 1915,” the Secretary defined quarantine area as “Any state or portion thereof quarantined for foot and mouth diseases in live stock,” and closed area as:
“Those portions of quarantined area from and to which interstate and foreign movement of cattle, sheep and other ruminants and swine is absolutely prohibited and the movement of tho dressed carcasses of such animals, hides, skins, wool, hair, horns or hoofs of such animals and of hay, straw, or similar fodder, manure or litter is restricted.”
The entire state of Pennsylvania is quarantined and certain counties, among others Beaver county, is nominated as “closed area”; that is, the transportation of cattle is absolutely prohibited from these counties, and hides, etc., can be removed only subject to the restrictions imposed.
Section 9 of the General Regulations is to the effect that hides, etc., which have received ante mortem or post mortem federal inspection, may be shipped without disinfection—
“provided the owner or assignor shall first filo an affidavit with the transportation company at the point of shipment certifying that the said hides, etc., are from animals which have received federal inspection as aforesaid.”
Section 7 provides that during the existence of the quarantine, hides, etc., taken from such animals prior to August 1, 1914, which have since that date been stored away from cattle, etc., may be shipped without disinfection in interstate and foreign commerce, provided that the owner or consignor shall file an affidavit with the transportation company at the point of shipment so certifying.
The defendant demurred to the information, denying: First, the power of the Secretary of Agriculture to prescribe regulations, placing restrictions upon the interstate transportation of hides; second, that the Secretary of Agriculture, by his order No. 231, placing certain restrictions on the movements of hides, etc., for closed areas, has not limited such regulations to interstate movements of hides, etc.; and, third, that the matters complained of in the information do not constitute the violation of any act of Congress.
The demurrer is therefore overruled.