TWO
IOWA COURT HANDS
DECISION ON TllBEF
With Judge M. II. Kepler Presiding, J
Middle Western Jury Finds Many
!rr?s"'ar'lio* *n Federal Law. i
Trial of Case Required 12 Days. j
A rural subscriber of The Democrat,
who. incidentally, is one of the'
county's leading farmers anil stockmen.
asks this paper to pSgblish in
condensed form the decision on the i
tuberculin test which has recently
been handed down by a State v ourt
in Mitchell County, Iowa. Following
is a review of the case as taken from
the Rural New-Yorker:
The ease was filed in October,
1926, in the District Court of Iowa,
by M. J. Loftus et a?., plaintiffs,
against M. G. Thornhurg. et at. defendants.
asking an injunction to ic^train
the defendant from subject.^;:
plaintiff's cattle to the tuberculin
test. After several motions had been
argued, and a temporary injunction
sustained, the case was set down for
trial on its merits on June 11- 1928.
It seems to have been an exhaustive ;
trial, requiring 11 days to present the
evidence which piled S33 typewritten
pages.
And on May 31, 1929, the court
filed its findings and decree records,
and the complaint offered by both
parties, and arguments of counsel.
Findings of the Court Condensed
From Full Text
1?That tuberculin is a liquid subsanee
made by growing live bacilli
of tuberculosis on or in liquid favorable
to its growth, composed of beef
broth, glycerine and other ingredients.
Evidence showed that, when sufficient
of the live baccili have been
grown, the entire liquid mass is heat - r
ed 100 degrees Centigrade or 212 degrees
Fahreheit and afterwards is
strained to eliminate the bacilli and
leave the liquid. The bacilli themselves
are micro-organisms so small
that they must be magnified from 1,200
to 1.000 times to become visible.
When these bacilli locate in a
particular gland or place in the body
pimples or tubcrculcs are formed and
the bacilli are surrounded with a
fleshy substance which in many cases
becomes fibrous and tends to encyst,
and smother the bacilli and stop the
spreading of the infection of the bacilli
to ether parts of the body.
2?The court further finds fr m
the evidence that there, is a difference
between the presence of bacilli
:n the body and the disease of tuberculosis.
Any subject ma> be infected
with bacilli and still not have
the disease of tuberculosis.
? m. . .... * . .K . .1.,..
0?i in- vviiI i iuruiri iiiiw iuitt
there are three organized ways ?/l
testing rattle with tuberculin. tu).j !
The eye test; (b) the snb-derir.al test :
also known as the temperature test; i
(c) the intra-dermal test, also known
as the tail test. This is the test used ?
and proposed to be used in Mitchell :
County and throughout the Sfatv of I
?| Iowa i
1?Vn the intra-dermal test, the re- i
action which the defendants claim 1
indicates that the cow has tubercu- j
losis, is evidenced by an inflammation
or swelling wriicn uppeaia mrthci i
point where the hypodermic needle
punctures the caudal folds of the
skin beneath the tainarapfgg
5?The laws of Iowa in no place ;
adopt the tuberculin test as a diagnostic
agent to indicate whether or i
not the cattle have tuberculosis. . . . <
Qnlv the rules of the Bureau of Ani-j :
mal Industry of the Department of j 1
Agrcultuve authorize the use. of the:l
tuberculin te&t in the State of Iowa. ! ;
6??Only veterinarians appointed!;
'by-the Department of Agriculture are j :
allowed to make a test of cattle to [
determine whether they have tuber-,:
ctilosis. No other diagnostic test is .
recognized or permitted except tg| [ <
tuberculin test. 1
7?The only person >*ho has au- 1
thority under the rules to pass on j 1
the question as to whether a cow has 1
reacted in a physical test is the agent i <
of the department who made the test j i
and his judgment is held to be filial, i
and is given without hearing before 1
any tribunal and with no right of ap- 1
peal from the judgment of the tester, i
8?If f^he row is held by the test
er to be a reactor the owner is barred; <
from having a rotest made and de-inied
the use of any other diagnostic0
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glQiNd^tYO^a^STO^Kj ?
DOWN IMPORTANT
ICUL1N COW TEST?
j She Stvhtgs a Sledge |
Mrs. Natalie Holt, the woman
blacksmith of CTeoreetnwn Mace kac
i noun ted her forge and anvil on a
motor truck an dagoes from farm to
farm repairing tools and machinery.
igent. The cow is condemned as a
reactor under the rules that it' a cow
rout a reactor it is always a tyjc.tor.
. . In every case where tin
tester give- his judgment that reaction
occurs, the owner has no right
reserved to him under the iaw or the
rules of the department. ! the own?r
holds his cow longer than thirty
lays he loses his right to Federal
compensation. If held 00 days the
nvner loses claim for compensation
against the State. The evidence
{Shows. and it is admitted hy all parses,
that. the injection of tuberculin
into cow will re::do h\-. i hmxrr.e
Any further reaction for front 6-0
to days. The court finds that the
ruies of the Department of Ac.ricui- ;
cure permit cattle o\vn< v in a > sting..*
irea to allow the tested cattle in the I
Moiigh with "r.l f?sted_ steers a . d feed-j
ine* cattle it the butter and milk from j
*ueh ciuv< are used in the farmer's j
familv. The rules will further pro-j
i id?- that untested female cattle and j
bulls, for feeding and grazing nut-j
poses, may be sMasted in the State
f marked with the letter "P."
1'?By the rules of the Department
>; Agi'iculture, a herd of cattle is
i?-credited as tuberculosis-free when
.lie members no longer react to the:
BaperciLlin test ami continue to so
resist the test for a certain length of
Lime.
10?It was shown by the U. S.
Department of Agriculture bulletins
FIT GTivicTTC" thut"?s?v .
frequently treated with tuberculin as
to establish a tolerance against its
I- ? . .. .Ml ?
llflion itnir-aunic-vr-v^riu- ?.! i HO' ;C*
iict. to the test.
11?Evidence shows that many
medical authorities claim that the
nly sure way to determine that an
inimai is affected with tuberculosis
bacilli is to have the animal slaughtered
and the cultures subjected to
a microscopic test and by attempted
growth of the bacilli from cultures
show^ their presence of absence.
12?The court finds that all the
so-called tuberculosis-free herds are
simply those which for one reason
ar another have failed to react to
the tuberculin test for a certain num-i
her of times. Man> of the cattle
which have in fact the tuberculosis
disease are immune to the reaction
if tuberculin and fail to give any
reaction. The evidence shows that
many caitle passed by the tuberculin
;est as clean and afterwards slaughtered
arc condemned as tuberculous
and tanked.
The evidence shows, almost with-j
aut dispute, that the tuberculin t.csr (
"VERY LATESTS"
Ry MARY MARSHALL
At this? time of the year there fis
io hotter way to spend a rather generous
chock than by buying a .fur
scarf that will be useful now with a J
furless coat or suit and really in-1
iit^nsable in Is*? winter and .c^'ly
prill p. The conventional fox scarf
vill surely enjoy a long reign of
ashionable favor?-and there are
oxes to suit almost any purse.
This year there are various scarfs
if flat fur such as lamb or caracul,
rmine or Persian lamb that give disinction
to suit or street dress. The
UUsuauuii Miuwa a ataix situ iiiiuxt.
ag made of brown and beige galak.
,
THE WATAUGA DEMOCRAT?EVE
very often does not point out such] vi
cattle as are spreaders of the tu- 01
beivuiosis disease: that is. cattle that! o
are affected with generalized tuber-{si
culosis i ti
The court finds that some cattle;
whichl^fie inspectors claim to react e
to the tuberculin test, when slaugu-? fi
tore I and examined appear to be free' o
from the disease. EsT ' a
ihc court linus. iluui the- evidence! t;
in the case from 11 to 11 per cent, of t<
the cattle condemned as reactors and'
afterwards slaughtered showed no le-- f;
sions cf tuberculosis. I fi
The court finds from the evidence j a
that the tuberculin test causes reac-j h
lion in many cattle that are not uf- j ;
fliefcel with tuberculosis, and that c
under the practice of the Department tl
of Agriculture these animals are j vj
slaughtered. j o
The court finds from the evidence jo
that the tuberculin test has been used: ti
as diagnostic agent applied to hu-!t?
man be igs to determine the pres-ls!
ence or absence of tuberculosis and'
from 75 to 100 per cent, of adult j n
ihunrui beings give a typical reaction jj
to the test. The evidence shows that f,
those who reacted ot the test only a
about one in 50 did have the tuber-!v
culosis disease and died without con- a
tractir.g the disease. I
"Pi- - * ? : - - * jA. 1 -
i uc court turns irom inc ovi- n
donee that from 90 to 92 per cent, of ji
cattle condemned by the use of tu-i t<
bercnlin test are from outward ap- j r<
pearance among the most healthy and ri
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igovous cattle of the herd, and that t
a slaughter from 90 to 92 per cent, i
f the cattle reacting are by the in- <
lectors pronounced healthy andj a
leir flesh is used for food. I
The court further finds that thej
ffect of the tuberculin test on dif-?t
iitsili cows varies \vith the nnUiret /
f the cow being tested?some cows I j
pparently immune to the action oil <
ibciculin; other ccv:s arc sensitive? i
> its action. i
The court finds that many cattle \
nil _t?? react for some tests ana that
Lhally these cows do in fact react ^
iter repeated doses of tuberculiu \
ave been injected. It would either (
ppear that repeated doses of tuber- j j
ulin break down the resistance of|i
tie animal or that there may be some;
light infection since the former testr
r tests. It would seem that 90 days| {
r six months would not be sufficient;
Inie for so many individual animal
> develop the disease of tuberculo-,
is so as to be a menace. I
The court finds that the Department
of Agriculture and its agents.
i practice hold tuberculin to be inalfible
diagnostic agent and that rection
to the first test is not reiewed
and no provision is made for
re-c xamination to determine the ac-.
juiacy of the tost, but the same isj
el 1 to be final and the finding and!
ldgmferit of the agent making the!
?st is the only finding and judgment!
Hognized bv the Doimrtmont of A7.1
iculture. There is no appeal, and1 r
111
? the
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he cattle owner is not given his day
n court, but the cattle are conic
mned on the work of the tester,
.vho not only makes the test but
>^.s.ses on the result of his work.
The court finds from the evidence
hat the injection of tuberculin into
iev.r subjects that have recovered
from slight attacks of tuberculosis,!
>r have encysted lesions, tends to
3real: dcv.TJ the lessens. Qnd to eaiisel
e-infection of the cows and some-i
imes cause generalized tuberculosis.!
The evidence shows that some cows
vill react to the tuberculin test when!
not tuberculous, and there is sonic j
evidence to the effect that cows will;
react if they are coming in heat orl
vhen they have diarrhea, or when
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