
    No. 910
    WADE v. TARBILL.
    Common Pleas Court, Trumbull County.
    Dec. Nov. 25, 1927.
    Editor’s Note — This suit was brought by Clifford B. Wade, against Leslie Tarbill as field veterinarian of the State Department of Agriculture, to enjoin the test, quarantine and slaughter of any of plaintiff’s held of pure bred shorthorn cattle. The law in the case, as laid down by Judge Hay, is as follows:
    By Editorial Staff.
    291. CONSTITUTIONAL LAW — 1104. Statutes — Sections 1121-1 to 1121-25, commonly known as “Riggs Law” held constitutional.
    55. AGRICULTURE — Department of, acting under authority of 1T2114 GC., has no authority to adopt rule fixing method or determining value of cattle reacting to tuberculin test, other than provided in 1121-1 to 1121-2o GC.
    
      391 b. DISEASED LIVESTOCK — 639. Injunction — Is proper remedy, not to prevent tuberculin test,, or quarantine of tubercular cattle, but to restrain condemnation and destruction without payment of value, as determined by appraisal provided in llzl-10 GC., provided legislature has appropriated money tneieior.
   HAY, J.

Sections 1121-1 to 1121-25 of the General Code of Ohio, commonly known as the “Riggs Law,” are constitutional, being a reasonable exercise of the police power in the interest of the public health.

In the enactment of the above sections the general assembly adopted a policy of indemnity and its manifest intention was to pay to the owner of tubercular cattle their real value at the time they were condemned and ta,i.en for slaughter.

The general assembly, itself, having by section 1121-10 of the General Code provided just how the value ot all cattle reacting to the tuberculin test shall be determined in order to secure indemnity, the state department of agriculture, acting under authority of Sect'on 1121-14, has no authority to adopt a rule fixing a different method of determining such value, or to fix a maximum p ice for either grade or pure bred cattle. Any such rule is in conflict with the statute and void.-

When the circumstances are such that the owner of cattle about to be tested by an authorized veterinarian of the department of agriculture, has reasonable grounds to believe íeactors will be found in his herd, injunction is a proper remedy not to prevent the tuberculin test, or the quarantine of tubercular cattle, but to restrain the condemnation and destruction of the cattle reacting to such test, without payment of the value of such reactors as determined by the apnraisal piovided in Sec. 1121-10 of the General Code, provided the legislature has appropriated money therefor.  