At the time of the sale, 6 of the calves were at least from one to five weeks over 6 months of age. Dr. Sigmond's report shows that he found no evidence of tuberculosis. Defendants then shipped the cattle from Pipestone to Hunter, and they were taken by them to their farm, and, as the evidence shows, received good care. They were placed in a sanitary barn, with good light and ventilation, and had plenty of feed and running water, and were properly cared for until tested for tuberculosis by Dr. Taylor, a veterinarian. This test was made on the 21st and 22d day of May, 1918, about 62 months after they were brought to defendants' farm. The test showed that 9 of the cows and five of the calves were infected with tuberculosis. These were quarantined; shipment out of the state not at that time being permitted by the federal government. At this same time Dr. Taylor tested all of the cattle on the farm, which were over 6 months old, which were about 6o head, among which were II grade cows and one herd bull, named Blackwood of Page. The grade cows and this bull successfully passed the test.
At the time of this test all that were tubercular were found to be from Walters' herd. Those that were thus found to be tubercular were quarantined until disposed of about August I, 1918, when 12 of them were shipped to South St. Paul. Two of the cows that were heavy with calf were shipped later in November, 1918. Those shipped in August, 1918, were slaughtered, under the authority of the United States Bureau of Animal Industry.
In the first part of November, 1918, another shipment of 8 head of the cattle purchased by defendants from Walters was made to South St. Paul. With them was also shipped Blackwood of Page, all of which were at that time infected with tuberculosis. They were slaughtered under the same authority as the 12 head above mentioned.
For the United States Bureau of Animal Industry at South St. Paul, Dr. Anderson is the chief inspector, and, as such, a report of the post mortem of the above stock that was slaughtered on each of the above occasions, and the condition of each animal, as disclosed by the post mortem, was prepared and delivered to Dr. Anderson. He filed the original of the report at the home office in the Bureau of Animal Industry at Washington, D. C. He had copies made of it, one of which he retained at his office in South St. Paul, and the other he mailed to the Live Stock Sanitary Board of the state of North Dakota, of which Dr. Crewe, a veterinarian, is secretary.
