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Henry Baird Favill, AB, MD, LL.D., 1860-1916, a ... - University Library

Henry Baird Favill, AB, MD, LL.D., 1860-1916, a ... - University Library

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AGRICULTURE AND DAIRYING 477<br />

enterprise, and individuals who can not see without pressure<br />

the importance of the matter should be made to feel it by<br />

ever>^ penalty, legal or moral, that the public can apply.<br />

The most important factor in determining the reliability<br />

of this transaction is the integrity which includes the capacity<br />

of the official tester. The accredited veterinary who can<br />

be bought or influenced is worthy of not the slightest confidence<br />

in what he presents. The business is full of instances<br />

of conscientious testers who are not acceptable because of<br />

their unflinching adherence to facts. It is, of course,<br />

equally full of instances of men who are preferred for these<br />

purposes because they will compromise with the facts.<br />

There is but one solution to this, and that is the determination<br />

by the management as to who are capable and<br />

honest men and the insistence that all parties shall measure<br />

up to the standard set.<br />

So important is this factor, that I am disposed to think<br />

that the transaction should be made to turn upon this test<br />

and the man who makes it. I consequently question the<br />

advisability of selling cattle subject to retest in ninety days,<br />

or any similar period.<br />

There should be a limit to the liability of a seller. If<br />

he is presenting cattle which he believes to be sound, backed<br />

by veterinary examination which he and all others believe<br />

to be honest, the liability should terminate at that point,<br />

rather than be dependent upon subsequent retest. The<br />

guarantee for a period of time tends to lessen the vital importance<br />

of the primary test, and I believe the importance of<br />

the primary- test<br />

should be emphasized to its fullest extent.<br />

In case fraud can be shown as having entered into the<br />

primary test, the buyer has as full legal recourse as though<br />

there were an extended guarantee, but it has seemed to me<br />

that the extended guarantee is nothing but an advertising<br />

makeweight and that it has not at bottom sufficient justice<br />

to make it a primar\^ stipulation, as a rule, in the sale.<br />

When the management of a sale takes an unequivocal

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