shipped to another State. Messrs. Frisbie & Lake, acting under the advice of their attorney, Judge West, at first protested against my inspecting these cattle, stating that they had already been examined and passed by Dr. Hagyard, of Lexington, whom you had recommended to them, making it a Government transaction. Having satisfied me that the cattle referred to had not been exposed to the infected herd by producing the affidavits of a number of reputable residents in Harrison County, I consented to give them a certificate of health provided I did not detect any traces of pleuro-pneumonia or other contagious diseases among them. Mr. Frisbie then drove me out to the different farms where the cattle were, about 9 miles from the town, and after a careful examination I found them free from any appearances of disease, and gave the owners a certificate to that effect, a copy of which I forwarded you with my report the following day, thinking it would reach you before the cattle were shipped. It never entered my head that there would be any question raised in the matter, otherwise I would have telegraphed at once. With regard to the 22 head of registered cattle which Dr. F. B. Hamilton, the president of the Jersey Breeders' Association, Jackson, Tenn., shipped to that place on the 31st December, on his own responsibility, I have not been able to learn any further particulars. I tried to ascertain their names and numbers from Mr. Lake, but he declined to give them, saying that it would not be fair to Dr. Hamilton, as he did not know what action he might want to take in the matter. I have, however, applied to J. J. Hand, secretary A. J. C. C., New York, for the transfers, and will forward to you as soon as I hear from him. Respectfully yours, Dr. D. E. SALMON, H. A. WOODROFFE, Veterinary Inspector, Bureau of Animal Industry. Chief of Bureau of Animal Industry. It will be noticed that Dr. Woodroffe states that the unregistered cattle were from farms located "fully 9 miles from where the infected herd was kept,” and further on that Mr. Frisbie accompanied him "to the different farms where the cattle were, about 9 miles from the town." By reference to an earlier paragraph in the same letter it will be seen that one of these farms was located but 3 miles from town, and the other two but 6 miles. The latter statement is the correct one. It will also be observed that 60 of the animals shipped were from Mr. Lake's farm, of which A. T. Fitzwater was tenant. This farm was but 3 miles from town, and probably not more than 2 miles from Mr. Lake's home place, where a part of the sick cattle were kept. The attention of the reader is directed to these incorrect statements to prevent his being misled as to the actual condition of affairs. There seems to be little reason to doubt that Dr. Woodroffe was deceived by Messrs. Frisbie & Lake as to the relation of Dr. Hagyard to the Department of Agriculture. He states that he was shown a telegram from the Chief of the Bureau of Animal Industry advising the employment of Dr. Hagyard, and supposed that, owing to his (Dr. Woodroffe's) absence in Ohio, Dr. Hagyard had been temporarily employed by the Department to make this examination. As a consequence his own inspection was less thorough than it would have been, and he gave a certificate of health which he probably would not have given had he understood that Dr. Hagyard was recommended to Messrs. Frisbie & Lake for an entirely different purpose. As this telegram was afterwards used by Messrs. Frisbie & Lake in their advertisements and newspaper articles, and, by omitting, or in some cases changing, date, was made to produce the same impression upon the reader that it had produced upon the mind of Dr. Woodroffe, it is well to give an explanation of the circumstances under which it was sent. When the Chief of this Bureau visited Cynthiana, in September, 1884, a number of sick animals were found among the herd of unregistered cat tle, and Mr. Frisbie was then advised to have every animal in this herd carefully examined and the healthy ones removed from contact with any that presented the least signs of disease. At that time negotiations were in progress with the stockmen of the State, who were trying to raise enough money to purchase and slaughter all the cattle belonging to Messrs. Frisbie & Lake, and the last-named gentlemen did not consider it to their interest to have such a separation made. It soon became evident, however, that a sufficient amount of money could not be raised to purchase the cattle, and then the owners seem to have con cluded that their best plan was to separate the sick from the well ones, according to the advice mentioned above. For this purpose the following telegram was sent: CYNTHIANA, KY., September 27, 1884. We desire to isolate all the affected cattle in our four herds. When can you come and inspect them? Answer. FRISBIE & LAKE. There are two points in this telegram to which attention is particularly directed. In the first place the object of the inspection as stated in this telegram was to enable them to isolate the affected cattle. It was not to have cattle inspected for the purpose of shipping them to Texas, or to any other locality, and at that time I had never received any intimation that they expected or desired to make any shipments. In the second place, they admit in this telegram having at that time four infected herds. One of these I understand to be the herd of unregistered cattle on the farm of Mr. Lake, of which A. T. Fitzwater was tenant. At the time this telegram was received it was impossible for the Chief of the Bureau to return and make the desired inspections, and all of the inspectors in the employ of the Bureau were engaged in important work from which they could not be spared. The following reply was, therefore, sent to Messrs. Frisbie & Lake's telegram: FRISBIE & LAKE, Cynthiana, Ky. : UNITED STATES DEPARTMENT OF AGRICULTURE, Find I have no one that can be spared now to examine your herd. Advise employment of Dr. Hagyard. D. E. SALMON, Chief of Bureau of Animal Industry. That is, Dr. Hagyard was recommended to Frisbie & Lake as the most available man for them to employ as a private practitioner, and for the purpose of securing their private interests. The difference in the dates of the two telegrams is due to the former being received at Chicago, and the answer having been delayed until my return to Washington. Dr. Hagyard did not represent this Department in any degree, nor did he have any authority to inspect any cattle in behalf of the Department, or to give certificates of health which would relieve the owners of any responsibility which they were under because of restrictions imposed in accordance with the act establishing the Bureau of Animal Industry. The following letter and telegram explain the position assumed towards Dr. Trumbower by the governor of Texas and by Mr. Frisbie: AUSTIN, TEX., January 11, 1885. SIR: I arrived here yesterday and made inquiries quietly concerning prominent stockmen, but received very little information of Frisbie's cattle until I met Mr. B. B. Groom, whose name I saw on the register of my hotel. He informed me that he met Mr. Frisbie on the train last week coming from Fort Worth. He introduced himself, and afterward, during their conversation, he informed him that he had shipped a lot of high grade Jerseys to Austin and expected to sell them at auction; that they had been inspected by Government veterinarians, and were pronounced to be perfectly healthy, although he had received one calf from a herd of cattle in Illinois which had been affected with pleuro-pneumonia, but none of the cattle shipped had been exposed to the herd of registered cattle. Mr. Groom further told me that Frisbie's cattle were 3 miles out of the city, on Mr. Love's farm. (This is true, as was since admitted by Mr. Frisbie.) This morning I called at the residence of the mayor, but he was absent. I then alled upon the sheriff, who informed me that the cattle were unloaded here and held for a day in the yard of French & Weed, liverymen. I called on these gentlemen, and Mr. Weed gave me a very succinct account, viz: The cattle were taken from the cars by him; they were very thin and gaunt; some had a slight cough, and several breathed very quick, to which he called Frisbie's attention. They remained for a day and a half, and were then driven to Mr. Love's farm. In the afternoon I called on the governor and made myself known, but he ignored my business, stating that he could do nothing and would not meddle, but would leave it to the Government to adjust; that Frisbie had shown to him certificates of health from inspectors of the Bureau pronouncing the cattle healthy, and that he could not see what Commissioner Loring was after; that evidently a mistake had occurred somewhere. I next called at the house of Mr. Holland, of the Farm and Ranch, where Mr. Frisbie is stopping, but found him absent. I left my card and an invitation to call on me in the morning. A few hours later he appeared. He showed me a certificate of the copy inclosed, and another from Dr. Hagyard, written in exactly the same form as the former, verbatim et literatim. He also showed me a printed certificate of health issued by your Department, in the name of Dr. Woodroffe, given to Mr. Dye. It struck me as being rather peculiar that all three of these bills should be in exactly the same form, although Dr. Hagyard's antedated that of Woodroffe's by seven days, in the Frisbie & Lake examination. In addition, Mr. Frisbie produced sworn affidavits of four parties who had charge of the inspected cattle, and who had cattle of their own in pastures with them, showing forth that no death or disease had occurred among them. Mr. Frisbie seemed somewhat indignant because the cattle had been followed after all these precautions, and when I asked the privilege of examining them he said he would grant the request, but that I must give him a free bill of health if I found them free from pleuro-pneumonia. I replied that I could not do so under present circumstances for the following reasons: That the bills of health issued by Hagyard and of Woodroffe did not state whether or not the said cattle had been exposed to the infected herd; that I did not know whether the cattle shipped by him were the cattle examined by them; that your telegram to the governor of this State and the one to myself led me to conclude there was cause for believing that some of the stock had been exposed, consequently I could not conscientiously give a certificate of health, even if I found no evidence of pleuro-pneumonia on examination. He then said he would have to protest against any examination, and might just as well throw the cattle upon your hands and look for pay from the Government afterward. I told him I could not do otherwise than stated until I heard from you, and had the positive assurance that these cattle had not been exposed to contagion for the past two months. Mr. Frisbie then said you could investigate it thoroughly-you could obtain the affidavits of a hundred neighbors and residents at his place and satisfy yourself of the truth of his statements-that then he would be willing to submit to the final examination. Later in the day I again met Mr. Frisbie. He then felt like leaving the cattle with Mr. Love on commission and go home and fight it out. He also desired to consult Judge West and obtain his advice before he would allow anything to be done in the matter. After supper I saw Dr. Smith, who claims to be a graduate of Columbia College. He said he had conversed with Mr. Frisbie several times since his arrival with the cattle, and since he had heard of the trouble he had requested the privilege of going out and examining them, but that Mr. Frisbie said he would not allow him to do so. Mr. Frisbie is afraid that if any further delay occurs he may lose some of his cattle by Southern fever, and that it might then be attributed to pleuro-pneumonia. I made the request that I be allowed to make an autopsy on any which might die during my stay here, but he would not consent to it for the present. I furthermore told him that I would rather examine his cattle a week hence than now, for the reason that some of them were yet suffering from the shipment. You will understand what I meant by that. He claims they were very fat-fat enough for beef-when he shipped them, but some of those who saw them say a number of them were extremely poor when they landed here, and some appeared to be sick. This, of course, is at second hand, and may not be reliable. Yours, to command, Hon. GEO. B. LORING, Commissioner of Agriculture. Hon. Gro. B. LORING, Commissioner of Agriculture: M. R. TRUMBOWER. AUSTIN, TEX., January 12, 1835. I saw the governor; he cannot quarantine and don't propose to meddle. Frisbie protests against an examination unless I am willing to give a free bill of health if I fail to find pleuro-pneumonia. He holds such a bill from E. T. Hagyard, dated December 16, and a similar one from H. A. Woodroffe, dated December 23. These show an examination of 146 head of registered and unregistered Jerseys. He has affidavits from four persons on whose farms these cattle were held, showing that no disease or death occurred among them. I have no evidence that all of the cattle shipped here have been examined, or that none have been exposed. From your telegram I infer that you have knowledge of exposure to the infected herd or identity with them, therefore I cannot accept his proposition until you or he furnish positive proof of the non-exposure of all the cattle here. He will allow you to make a thorough investiga tion at Cynthiana to prove the non-exposure. He telegraphed to Judge West for advice. He shipped 124 head, lost 5 on the way; are now held 3 miles from Austin and advertised for sale on the 29th. I will cause no unnecessary aların here during this week's stockmens' convention. I wait for instructions. M. R. TRUMBOWER. Dr. Hagyard's certificate referred to by Dr. Trumbower was published in Messrs. Frisbie & Lake's advertisement as follows: CYNTHIANA, KY., December 16, 1884. This is to certify that I have this day examined, at the request of Messrs. Frisbie & Lake, the following unregistered Jersey females and registered bulls running with the same, viz: 11 cows and heifers upon the farm of John Moore, 6 miles from Cynthiana; 58 heifers and 3 bulls upon the farm occupied by George Mitchell, 6 miles from Cynthiana; 57 cows and heifers and 17 bulls on farm occupied by A. T. Fitzwater as tenant of J. K. Lake, 3 miles from Cynthiana. After a careful and thorough examination of these cattle, I find that they are in a very healthy, thriving condition, and altogether free from disease, contagious or otherwise. Dr. Hagyard appears to have been satisfied at the time of giving this certificate that the cattle he examined had never been exposed to the contagion, as he states in the annexed letter written to the Kentucky Stock Farm, but how he could reach such a conclusion after having been present at the Lexington meeting of stockmen, where Messrs. Frisbie & Lake stated that this whole herd of 250 head had been exposed, and after having accompanied the stockmen's committee to Frankfort on September 22, where arrangements were made for appraising this whole herd with a view to its slaughter because of this exposure, I am unable to say. His letter to the Kentucky Stock Farm, dated Lexington, Ky., January 27, 1885, is as follows: The question of pleuro-pneumonia having arisen in reference to Frisbie & Lake's herd of Jerseys, occasioned by those gentlemen shipping their unregistered cattle to Texas, and the shipping of part of the herd in which pleuro-pneumonia existed to Tennessee, has caused a good deal of anxiety among breeders, and fear that this action on the part of Frisbie & Lake will be attended with serious effects to the country. It has also aroused the Bureau of Animal Industry into action, the chief of the veterinary staff being dispatched to Kentucky, Tennessee, and Texas to examine the cattle. On the 16th of December, at the request of Messrs. Frisbie & Lake, I examined the unregistered herd, and found them healthy. I gave a certificate to that effect, but before doing so I had positive statement, not only from Frisbie & Lake, but from the parties who were keeping the cattle, that there had never been any communication between them and the distressed herd, and that they had not been nearer than the distance at the time between them. They were in three lots; the nearest of them to Cynthiana was 4 miles distant, and the others from 5 to 8 miles. On public grounds I deemed it essential to satisfy myself that there had been no chance of contagion. Having done so, I gave the certificate freely, considering that there was no more danger of spreading the disease by a removal of those cattle to another locality than there would be by moving cattle from neighboring farms. Dr. Woodroffe, the Government inspector, was at Cynthiana some days after I was there. He saw the cattle, and gave a similar certificate as myself, but he being a Government employé, and because he did not apprise the Department of the health of the herd, and the intention of the owners to remove them before giving the certificate, he was, I am informed, dismissed. I did not at that time see the herd in which pleuro-pneumonia had existed, but considering the insidious character of the disease and the length of time it will remain latent, it was at least premature to move them and incur the risk of carrying the contagion to other localities. Below will be found another communication from Dr. Hamilton: JACKSON, TENN., January 16, 1885. SIR: Senator Jackson writes me to-day and requests me to keep our cattle up. As soon as I got your dispatch I ordered a strict quarantine, and they have not been with any other cattle since, nor before, for they were driven out to the farm and have been kept up ever since. They have not been sick since their arrival. I think Frisbie & Lake are entirely reliable, and they informed me that none of them had been sick at the time of my visit there, about the middle of October, and they were all well then. So it has been three and a half months. I have examined their lungs to-day, and, in fact, nearly every day, and if they are not sound I have learned anscnitation and percussion in vain, though I know absolutely nothing of veterinary medicine only from analogy, nor have I ever seen anything that pretended to be an authentic description of pleuropneumonia. I saw a case of it at Mr. Frisbie's on my visit in October-that bull that was lost-and it was as easy to tell that he had pneumonia as it is in the human subject. I shall look forward to Dr. Salmon's visit with pleasure, as I believe I am right as to their being well, and I want his vindication. You need have no fears about my shipping or allowing any contact, for I have been badly scared. Our cattle are not for sale. We bought them to breed from. Our cattle have improved in condition and milking ever since their arrival. While, of course, I think I am right, I don't know, and it will take time or a competent veterinary surgeon to tell. I can only judge from their appearance. I stated the facts to the attorney-general of the Federal court here. He said that I had not violated any law. Let me know at about what time Dr. Salmon will be here. Yours, truly, Hon. Gro. B. LORING, Commissioner of Agriculture. F. B. HAMILTON, About this time Dr. Trumbower was recalled from Austin by order of Commissioner Loring on account of the protests made by Frisbie & Lake's counsel. These gentlemen pretended to believe that Dr. Trumbower was prejudiced against them, and through their counsel asked that any inspection of their cattle should be made by the Chief of the Bureau. Accordingly I left Washington January 20, reaching Cynthiana, Ky., on the 21st. Mr. Lake stated that they still had about 17 head of the unregistered cattle, among which were some of the most unthrifty ones at Cynthiana. I desired to see and examine these animals in order that a definite conclusion might be reached as to whether they were actually affected with pleuro-pneumonia, but, acting with the advice of his counsel, Mr. Lake absolutely refused to allow such an examination. They placed this action upon the ground that in no event could the Government grant them any relief, and that every examination was liable to do them injury by revealing the presence of disease, or, possibly, by a mistaken diagnosis, such as any one might in their judgment |