existing in these cases is that the horses were fed from a particular mow of hay, and that after the removal of this mow of hay and other hay being substituted the horses kept in the same barn did not take the disease. Samples of this hay were sent to Washington for examination for the purpose of discovering, if possible, whether a particular form of fungi existed there which would produce the disease. The report showed that a number of particular different fungi were found, but they were not able to isolate any of them in a way whereby the experiment performed could satisfactorily determine whether they were or were not the cause.

FOOT AND MOUTH DISEASE.

I am informed that this disease, which is highly contagious, has not existed in this country since the year 1870 until the present year. During the present year, sometime in August, 1902, a disease, which was not recognized at first, broke out in the State of Massachusetts, near Brighton. It spread rapidly and was finally recognized as the foot and mouth disease by a veterinarian in Rhode Island, who reported the matter to the Massachusetts authorities and they reported it to the national government. It was also reported to this Department by Dr. Austin Peters, veterinarian for the State of Massachusetts. I sent two veterinarians from this Department to that State to examine into the disease, as I was informed it was one which the present practicing veterinarians of this State probably had never come in contact with. Reports to me showed that this was highly contagious and that if it once secured a foothold in this State, it would be a very difficult matter to check it. I, therefore, immediately placed a strong patrolling line of agents on the eastern and northern borders of this State, between this State and Canada, Vermont, Massachusetts and Connecticut, with instructions that any and all animals that split the hoof, or the hides, hair, horns or other parts of the same, except hogs that have been scalded in dressing, that were coming or being brought into this State should be stopped immediately upon entering within the borders of the State, subject to such inspection and treatment as conditions would require to prevent the

spread of the disease or its getting a foothold within our borders. Up to the present time no case has been reported within our State. I am still exercising the same police power to be sure that the disease may not be introduced within our State. The national government reports to us that it quarantined the States of Connecticut, Massachusetts, Rhode Island, New Hampshire and Vermont; that it subsequently raised the quarantine from New Hampshire and then from Connecticut. I have continued to exercise vigilance against the possible importation of the disease from those States. I am now of the opinion that with a continuance of this surveillance I shall succeed in preventing its importation.

DIETETIC ERRORS.

There have been quite a number of cases reported to this office in which it was asserted that a contagious and infectious disease existed, or was believed to exist, from the fact that a number of animals in herds had died successively. An examination into these cases showed it was not the result of a contagious or infectious disease, but from improper feeding. Upon this being made clear to the owners of the stock the error was corrected and no further troubles reported.

POISON.

One case has been reported during the year to this Department which was believed to be contagious and infectious, which, upon investigation, proved the animals had been poisoned. Five out of seven died.

SANITARY INSPECTION.

During the year we have examined from time to time in different portions of the State barns where animals have been kept for the production of milk for sale or delivery to butter and cheese factories, and have found a number of cases in which the sanitary conditions and surroundings of the animals are not good. In most of these cases the corrections have been made without litigation or prosecution, the existence of such condition being largely the result of lack of proper knowledge on the part of the owners or occupants. We have had, however, cases in which

prosecutions have been brought against the owners or occupants for unhealthy conditions.

The cases referred to the Attorney-General for violation of the Agricultural Law in this respect are as follows:

THE PREVENTION OF DISEASE IN FRUIT TREES, AND THE PESTS THAT INFEST THE SAME.

During the year I have had employed in this work thirteen agents examining the nurseries and doing work for the prevention of the spread of infectious and contagious diseases of fruit trees. There are in this state about 450 nurseries. That portion of the Agricultural Law by virtue of which the power is conferred upon this Department to examine nurseries and issue certificates and exercise authority for the suppression of infectious and contagious diseases reads as follows:

CHAPTER 519.

AN ACT to amend the agricultural law, in relation to the prevention of disease in fruit trees, and the pests that infest the

same.

Became a law, April 10, 1902, with the approval of the Governor. Passed, a majority being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Sections eighty-two and eighty-three of chapter three hundred and thirty-eight of the laws of eighteen hundred and ninety-three, entitled, "An act in relation to agriculture, constituting articles one, two, three, four and five of chapter thirty-three of the general laws," as amended by chapter four hundred and eighty-two of the laws of eighteen hundred and ninety-eight, and chapter four hundred and seventeen of the laws of nineteen hundred and one and chapter twenty-seven of the laws of nineteen hundred and two, are amended to read respectively as follows:

SEC. 82. The prevention of disease in fruit trees and the ex· tirpation of insect pests that infest the same.- No person shall knowingly or wilfully keep any peach, almond, apricot or nectarine trees affected with the contagious disease known as yellows. Nor shall any person knowingly or wilfully keep any plum, cherry or other trees affected with the contagious disease or fungus known as black knot, nor any tree, shrub or plant infested with or by the San Jose scale or other insect pest dangerously injurious to or destructive of the trees, shrubs or other plants; every such tree, shrub or plant shall be a public nuisance and as such shall be abated and no damage shall be awarded for entering upon premises upon which there are trees, shrubs or plants infected with yellows or black knot or infested with San Jose scale, for the purpose of legally inspecting the same nor shall any damage be awarded for the destruction by the commissioner of agriculture, or his duly authorized agents or representatives of such trees, shrubs or plants, or altogether destroying such tree if necessary to suppress such disease, if done in accordance with the provisions of this article, except as otherwise herein provided. Every person, when he becomes aware of the existence of such disease or insect pest in any tree owned by him, shall forthwith report the same to the commissioner of agriculture at Albany, New York, and the said commissioner shall take such action as the law provides. If in the judgment of said commissioner of agriculture or the person or persons representing him the trees, shrubs or other plants so infected, infested or diseased should be destroyed, then such destruction shall be carried on and completed under the supervision of the commissioner of agriculture or the person or persons duly appointed by him and authorized so to do, without unnecessary delay, but the owner of the trees, shrubs or plants shall be notified immediately upon its being determined that such trees, shrubs or plants should be destroyed by a notice in writing signed by said commissioner or the person or persons representing him, which said notice in writing shall be delivered in person to the owner of such trees, shrubs or plants, or left at the usual place of residence of such owner, or if such owner be not a resident of the town, by leaving such notice with the person in charge of the premises, trees, shrubs or plants or in whose possession they may be; such notice shall contain a brief statement of the facts found to exist whereby it is deemed necessary to destroy such trees, shrubs or plants, and shall call attention to the law under which it is proposed to destroy them, and the owner shall within ten days from the date upon which such notice shall have been received, remove and burn all such

diseased or infested trees, shrubs or plants. If however, in the judgment of the commissioner of agriculture, any trees, shrubs or plants infected with any disease or infested with dangerously injurious insects can be treated with sufficient remedies, he may direct such treatment to be carried out by the owner under the direction of the commissioner's agent or agents. In cases of objection to the findings of the inspector or agent of the commissioner of agriculture an appeal may be made to the commissioner of agriculture whose decision shall be final. An appeal must be taken within three days from service of said notice, and shall act as a stay of proceedings until it is heard and decided. When the commissioner of agriculture, or the person or persons appointed by him, shall determine that any tree or trees, shrubs or other plants must be treated or destroyed forthwith, he may employ all necessary assistance for that purpose, and such person or persons, agent or agents, employee or employees, may enter upon any or all premises in any city or town necessary for the purposes of such treatment, removal or destruction.

SEC. 83. Appointment and duties of the agent of the commissioner of agriculture.-When the commissioner of agriculture knows or has reason to believe that any such contagious disease exists, or that there is good reason to believe it exists, or danger is justly apprehended of its introduction in any town or city in the state, or that any dangerously injurious insect pest exists within this state, and has reason to believe that danger may be justly apprehended from its existence, he shall forthwith send some competent person and such agent or agents as he may deem necessary to assist extirpating said pest or pests, disease or diseases, and the said commissioner of agriculture is hereby authorized and empowered to take such steps and do whatever may be deemed necessary to so control or prevent the spread or extirpate said pest or pests, disease or diseases, and he shall cause an examination to be made at least once each year, prior to September first, of each and every nursery or other place where trees, shrubs or plants, commonly known as nursery stock, are grown for sale, for the purpose of ascertaining whether the trees, shrubs or plants therein kept or propagated for sale are infected with any such contagious disease or diseases, or infested with such pest or pests. If after such examination it is found that the said trees, shrubs or other plants so examined are free in all respects from any such contagious or infectious disease or diseases, dangerously injurious pest or pests, the said commissioner or his duly authorized agent or other person designated to make such examination, shall thereupon issue to the owner or proprietor of the said stock thus examined a certificate setting