TWO
IOWA COURT HANDS
DECISION ON TUBE
With Judge M- H. Kepler J*c c?idirig.
Middle Western Jury Finds Many
Irregularities in Federal Law.
Trial of Case Required 12 Days.
PART II
(Condensed from full text of decree
by Judge M. H. Kepler.)
The court finds that the tubercuiine
test is not reliable, efficient or
economical test, and does not accurately
point out the presence or absence
of tuberculosis in cattle tested,
and does not protect human or bowine
health, and does not conserve
or protect the property of cattle owners.
The owners of herds are damaged
in their property rights by the
tests, which causes cows, which 1
not react, to abort and lose their
calves; to give stringy milk, unfit for
food, to dry up and fail to give milk;
and to lose the use of portions of the
udder; and in some cases cows so
tested give milk which causes severej
sickness in children and calves. In
some instances the tuberculin test is
Jangerous to human health, and human
life, and to babies and children
that are fed milk from cows that do
not react.
It has been admitted by both sides
zo this case that, beef from cattle
which the defendants claim are tuberculous
is sold to an unsuspecting
nilhlit* nu.at ;ilrkn<r
with other beef, and no notice that
the Department of Agriculture believer
it to be tuberculous beef. If
the defendants are right in their contention
and this beef is from tuberculous
animals, then the opinion of
the court is that the practice is not ;
conducted for the protection of human
health and life, and that the law
arid rules which permit same are not
within protection of police powers Of
the State. From Si* to 90 per cent,
of the cattle slaughtered in Mitchell;
County, Iowa, were passed as fit fori
food, as clean, sweet meat, and sold]
to the unsuspecting public as good i
beef.
The reason given for the use of
the tuberculin teat according to the
evidence, is primarily to save babies, i
but under the regulations of the i'< partnient
of Agriculture the prod-!
acts of cattle, such as milk ami but-!
ter. may be used for the babies of!
the cattle owners of low a. even tho'
these female animals giving milk urc
allowcd in the same pasture am!
Jrink water from the same trough
with other untested "doers and feeders.
The court is at a loss to see
how thi< practice protects, the babies
of farmers. In fact, if the claim
nf the ?i?fandants is true, as to infection.
this practice will simply tend
10 perpetuate the practice which the
defendants claim necessary to the
protection of public health. The test
is not a self-terminating institution.
There is evidence tending t" show
that in localities where the tuberculin
test has been used for many years
the prevalence of tuberculosis pi cat
as shown by the tuberirblin test
is much greater! hanu was \v hvulXxv
test was first commenced. The object
seems to be to get herds that
will no longer react to tuberculin,
and they are then claimed to be nontuberculous.
but the evidence shows
the many of the worst diseased cattle
wil not *-eact 10 the tuberculin
test. If so-called free herds are established
they must be tested from
time to time, and the Testers have
before them a never-ending line of
work which can only be terminated
by the death of all cattle.
The court has been farther impressed
during the trial with the almost
unlimited power which the rules
and regulations, statutes and practices
give to the veterinarians who
make the test. Under our form of
government, the legislative branch
should not interfere with the judicial
branch, and should not appoint
agents who have more authority than
the courts under the constitution.
Laws which delegate absolute judicial
functions without giving any
right of review and without providing
for any appeal, seem to the court
clearly unconstitutional.
Ba?j?d on what this court believes
to be the law, the Code of Iowa rules
and regulations of the Department of
Agriculture and the inspecting
agents, in so far as the** seem to authorize
the taking of nroperty from
the fflttlp ira*r?irc
MSB- - iiubiyc, dlt:
unconstitutional.
The right under the police power
to give the tuberculin test to cattle
without the consent of the owner
must be based upon the presumption
that such herd is so afflicted as to
be a menace to public health. No such
menace has been shown to exist.
There is no provision for full compensation
to the owners of slaughtered
reactors that are found to be
non-tuberculous, or for compensation
10 owners for damages sustained by
the use of the tuberculin test where
the tested animals are non-reactors.
There is no remedy to the cattle owners
after the damage is done.
It is an open question whether in
the making of tuberculin, the tuberculin
bacilli are killed. There is evidence
that the most virile bacilli will
if<r? through the heating process. It
m
mm is i _ , <.
aj. i*
'while .they're inven~ '<
fT>w' iv?pm wavc rrs r,cT
THERE QUICkER WHY
itJON'T SOMEONE INVENT
'SONIETHfN TO DO WHEN
JYO.U CrET THERE?*
DOWN IMPORTANT
RCUUN COW TESTS
t
Day Huey Bin She Ah?
The hne a!k?w the picture is Chi,
:h-sc lor "Ncmt'cr. Pleased ' ami these
arc tKree of the "Hcjlb girls" who operate
the switchboards in San I rani
:ifn'i 1 letio'.- fi 'ih.tn. exchange.
is a well-known fact that ptomaine
poisoiitru iiiviii ijs :iui uenuereit kih1
by boiling. and it is an open question
whether the use of tuberculin in cattle
may not be an active agent in the
propagation of the disease.
Tin use of the hypodermic syringe
and the needle without being disinfected
between the injections of aniinale
in the same herd makes proba!
ble the transmission of infection
from diseased cattle to those being
healthy.
It is the opinion of the court from
all evidence that proper ventilation
I and sanitation and the use of ordinary
diagnostic agents more than the
| tuberculin, would do much more than
! the present system its employed by
the Department of Agriculture, to
j eliminate tuberculosis in cattle and
I at a much less cxnon.se and without
the terrific loss to the cattle owners.
There isn't any reason to believe that
the Department of Agriculture and i
those in its employ have any great-!
; er interest in the children of our
li>tate than have their fathers and!
mothers, and it is absolutely contrary I
: to the spirit of our government toi
place absolute power in a governmental
agency to the exclusion of any
right to the individual to protect his
"VERY LATESTS"
By MARY MARSHALL
I i the III tie giri rn kinder gat UTu
o the first two or three grades there
always an advantage in every-day
; dresses of cotton material, in northern
climes it is usually advisable to
vveav cotton dresses over underwear
I containing some wool. For practical
j purposes cotton over wool is better
! than wool over cotton for a school
, girl until she is eight or nine.
This season there are practical cotton
dresses for the young school girl
that are as substantial and durable
as these of wool. There are printed
sateen-like materials that in their
blending of color suggest the lighter
and more colorful tweeds. One such
dress made of material of several
j shades of green was finished with
i fine pique collar and cuffs piped with
! frrPPTl and a flnitKln vaw rv-r ?
? _ JU?? Ul glCCII
buttons at the front of the bodice
and a little tie of preen velvet ribbon
which may be easily removed
when the dress is washed. The fullness
of the shirt is introduced by
mcans of wide side pleats at the sides
j and there is a imnuM preen leather
! belt held at a slightly lower than
1 normal waistline by means of small
i straps of the material.
I There are firm cotton materials
! reminiscent of old-time calicos in
j numerous small fie printed designs?
j and the always acceptable ginghams
; in checked or plaid effect introducing
warm tones of red, brown and
oraupe or trim blues and the greens
that are so generally becoming to
The practical dress for the school
girl, shown in the picture, is made
j of a new cotton material in tweed
[ design, with slitched-in belts, white.
j pique collar and cuffs and blue tie. '
'THE WATAUGA DEMOCRAT?
own property. It is bureaucracy
government to the limit; a praeti<
under the guise of law as tyrannic
and with as little regard for t!
property rights as recognized in th
country as llic edicts of MussblinL
It is the opinion that if the use ?
the tuberculin test upon the catt
in the county of Mitchell is in ti
interest of public health, then pu!
lie should pay the expenses a id m
attempt to compel the individual ca
tie owners to bear a loss upon an
mals that are tested and found to 1
non-reactors, and upon animals th;
react and have not the disease <
tuberculosis to the extent that it
a menace to public health. The ti
bereuiin test by any reaction dot
not disclose whether an animal hi
generalized tuberculosis or sin
ply bacilli within its body which tl
probabilities are, will never develc
into the disease.
Based on the record, the evideiu
in this case and what the court b
lieves to be the law governing tl
facts shown, the court finds, a.
judges and decrees that the temp,
vary injunction issued in this ca:
should be, and is hereby made pe
manent, and the defendants and a
of them are hereby strictly enjoine
from in any way testing the plaii
tiff's cattle with the tuberculin te
under the provision of Chapter 13
of the Code of Iowa, of 1927. a
amendments, thereto or under tl
rules of the defendants and are ei
joined from in any may interferir
with the property right of plaintiff
in or to their said cattle without tl
consent of plaintiff, and arc enjoine
from testing with the tuberculin te
or examining, appraising, comlemj
ing or quarantining any herds .or ca
tie or individuals of cattle or liv
stock belonging to the plaintiffs. Th
said injunction shall apply to arj
protect the cattle of each and evei
plaintiff; and the court further ei
ters judgment for costs of this caj
aea'ost the defendants.
M. II. KEPLER.
Eleven head of shorthorn catt
were purchased by Alleghany Counl
farmers recently to build up the be<
cat 11?- industry of the county.
Uncle Si Tinklepaugh says as net
as he can figure it out. suoce
means working so hard to ruin yoi
"health so's to make monVy enoui:
to go to Florida to get your heall
back.
;
'
HlJire til Ulkiiji
^1
x.
Sit
i dei
in
hes
f
res
stei
The
ROADSTER .
The PHAETON ..
TEc SPORT ROAD
The COACH
The COUPE
| The SPORT COUP
Tki
n|H?p
! A S I X
EVERY THURSDAY*? BOONE. N. C.
in ! WAKE FOREST COLLEGE
ADOPTS NEW RULIN
is '*,r* >~?arS standiu
i went bv the board recently at Wal
if J Forest College when its faculty * ai
thorized that the sole basis for ui
^: conditional entrance next session I
Dl simply that of graduation from
t-' state-accredited high school and ths
! its new catalogue be modified accon
>e; - .
ill ms?x>f
While the policy of this institutio
is in previous years was to admit a
L1" graduates of accredited high school
^ | it nevertheless penalized upon ei
n_ trance those who presented only t\\
\e units of foreign language by requi
'I1 ing that additional foreign languag
.e! be pursued without credit toward d<
p. grecs, thus handicapping a majorit
u;! of its students who came from ?ma
; high schools. I n September of th
J"|yeai foreign language required fc
5C admission to Wake Forest will I
r"i precisely that required for gradu;
J| tion trom high school; namely, tw
!<l units of either Latin or French.
11' I In view of the fact that fully ha
pi of the high schools of the State ai
P| located in either rural areas or sma
lr towns where fewer than five hip
u': school teachers are available and tl
ll_ foreign language offering is nece
sarily limited to two units, it has a]
s?' pcared unfair to set up entrance r<;
quircnicnts that w o u 1 d operat
f(< against their graduates, thereby eau:
st ing academic handicaps such as 1
n" discourage and compromise man
linen in their college courses.' Sue
V'! discrimination has always worked 1
llsithe disadvantage of the country be
!f* wHo, although presenting his fiftec,
j-'y bona fide units upon entrance, sti
P": has hitherto been denied an on in
>e| footing with graduates of the largt
schools merely because he was in
; horn in town.
The system of majors and tninoi
le 'recently authorized by the Wal
ty. Forest faculty and in keeping wit
?f I the new certification scheme of tt
State Department of Public lustrui
tion will affect superior scholarshi
irliti two fields of concentration for a
ss students, meet adequately the certif
11 . rate requirements for high schoi
dii teachers, and avoid handicaps ths
:h many a college crt'aduate meets wi
, late in his course turns to teaching
\ K /w.
50^
5ix cylli
t until you drive the new Che
can you appreciate what a
ful improvement has been
its famous six-cylinder val
id engine. With its capacii
ased to 50 horsepower, it has
erve energy for sweeping u
epest hills?for swift accelei
?at greatly
<
*
' " " " 1
STEP. . -Vlpj- ----I
- 3
* 1
E J
All prion
. a
; ifen/ ^sm.
Boone C
I' | WmjkS|1
IN THE PRI
McLENDON CONSIDERED AS
G PROBABLE BAILEY CHIEFTAIP
cj L. P. McLendon, of Durham. I
cc said to be under consideration a
w f:c!d -the Baiiey forces
l" , or chairman of the Bailey cam pa i pi
n-j committee, according to Washingtoi
!>e advices to the Greensboro Dail;
a News. Members of the North Caro
Una colony in Washington do no
x have the Durham man placed. The:
?- do not know whether he is for o
against Mr. Bailey; but persons con
n cerned in what is transpiring in thi
. Bailey camp have an idea that Mr
McLor.don will be chosen as chairs'
man and will direct the fight agains
i- the renomination of Senator Sim
.0j mons.
j Others have assumed that C. L
l~iShuping, of Greensboro, who led tin
rc | Bailey campaign for the gubernato
> | rial nomination and who is uncom
v | promising in his opposition to Sena
1 tor Simmons, would be chairman o
,l j the Bailey committee. Many hav?
is supposed there would be something
>r automatic about this, that Mr. Shu
?e*i ping would step right to the head o
i- the ilass, following the Bailey an
o nouncement of his candidacy for thi
Senaie. Now it is "guessed ' that h.
K will not direct ithe campaign for
*e Bailey, as chairman of his %State or
111 ganizution.
|hj In the background of this chair
lie I manship proposition one finds an 5m
,5-] nressicn that a division exists in thi
P-j Bailey strategy board. There are saij
p-j to be two separate and distinc
fce; schools of thought. One set of ad
s-lvisers?said to include R. A. Dough
i j iit r? om
vf i tun iinu w. u. oner?very much la
y | vor a quiet, lady-like campaign witl
h|the shouting of the captains reduce*
.0 ====_ =
n i a
j'li; Wilkes Hatchery
!i*: JI
>t J February first. Make rete
< |
CS (' only $3.00 per tray of 112
;e !?
jj <? for strong husky chick* fr<
bred, State inspected and fc
ip ?J Rocks, R. I. Reds. H&tchini
\ I: WILKES 1
; NORTH W1LI
,c'||
f - I - . ? I : I 7, j
jg,
trsepov
lder en
<
vrolet ?and for sustained
won- power flows evenly
made And it is extremely
V in lact?11 aoes ever
ty in- possibly want a mot
great remarkably econom
p the gasoline and oil. Co
ation demonstration.
) reduced pric
$495 Th? CLUB SEDAN
$495 T1>e SEDAN
tC9C The SEDAN DELIVERY . .
^565 The LIGHT DELIVERY CH
$565 Th* 1H-TON CHASSIS ...
$625 1H-TON CHASSIS. W
/. o. ?. factory. Flint, Michigan
i:yieos
Ihevrolet
BOONE. N. C.
CE RANGE O
JANUARY 30, 1030. \
to the minimum. From this point St
i j vipv., the less speaking: by Mr. Bailey
and others is the better. It is not a
sj nice ihi:*g to snv with the best pecs;
pie and the moral forces in mind.
, i but those friends of Mr. Bailey who
i; would cut out the oratory and tmi
rousements, think sleeping: dogs
.-[should pot be disturbed.
-j Now Mr. Shuping had been seiiut'
ing out questionnaires and he has
rj been standing right out in front to
r be shot at. It is reasoned that if
- Mr. Shuping should be made chair?
man of the Bailey committee, all the
lighting instincts of the Simmons
- people would be aroused and, among
t other things, they would come out
- on primary election day and put another
blow against A1 Smith, rum
. and Romanism.
: One report has it that Mr. Bailey
: is inclined to sympathize with the
- idea that it would be wise, when
- possible, to avoid the noise and exfcite
men t. It would be the easy way
?| and it would fit in admirably with
r the policy of individual health con
j servation.
f! However, it is thought by a num-1
her of persons that Mr. Bailey ultsL*
matelv will adopt a soft of eompro:
mise and fill a limited number of
speaking engagements, taking care
- upon such occasions to say nothing
calculated to arouse the angry pas
sions of the people.
j I The radio is fast becoming a nec- fl
tjessary part of farm equipment. No
farmer, nowadays can afford not to I
U have the market and outlook reports
l_j which are broadcast through the
n principal stations of the United 1
]' States. 1
Opens 1930 Season
I
rvations for custom hatching. ! >
eggs. Place your order early < 1
?m range grown flocks, pure- < >
lood tested. Barred and White < \
?t
g eggs and poultry equipment. | ,
iATCHERY
CESBORO, N. C. I;
>
w
per
gine
high speeds. Its
and smoothly,
flexible in traffic,
ything you could
or to do. Yet it is
leal in its use of
me In today for a |
es!
$625
$675
$595
ASSIS $365
iron
?TH CAB $625
winw* ww"
.jSi a.
Co.
F THE FOUR -j