| Show UTAH LOSE THEIR CASE 4 Judge Beatty at Boise Decides Against Them INSPECTION LAW IS UPHELD DECISION HT IN HARMONY WITH I Iv TJ v S SUPREME COURT I 4 Special to The Herald Boise Ida Oct 24 Judge Beatty today decided the famous sheep case against the Utah men This suit was entitled Jessie M Smith et al at alvs vs Thomas G Lowe Idaho state sheep inspector and others The plaint sought an Injunction to restrain the inspector and his deputies from en enforcing enforcing t I forcing Governor Hunts quarantine I proclamation Judge Beatty issued a I limited restraining order under which the sheep might be brought in condi conditional I upon their condition as to dis disease I ease The demurrer interposed by the j I I defendants went to the merits of the t I case and the decision in their favor disposes of It ItIn itIn In his decision Judge Beatty sets forth that the right of citizens of one state to drive sheep into another Is admitted and it Is also admitted that he state in the exercise of Its police power may establish quarantine regu regulations regulations lations The plaintiff claimed that un under under der the guise of quarantine the state was virtually denying them their right was virtually denying them their rights under the Interstate commerce provision of the federal legislation Judge Beatty says the important question In the case is who shall deter determine determine mine when the state law and its en enforcement are made in good faith He then proceeds to recite the conditions of the quarantine proclamation and the steps taken under his temporary re restraining restraining straining order As to the inspection conducted by Lowe and Mc McBirney Birney under the provisions of that the Judge says The result of their inspection was that the sheep were svere found practically free from disease and they were ad admitted admitted The Tue simple facts in this case are that the sheep were not so die dis diseased eased as to justify their exclusion To have excluded them or to have even encumbered their admission by unnecessary unnecessary essary regulations would not only be a mistake but also the denial of the sacred right which any citizen of the government has of transporting his property wherever he will regardless of state lines Decision of Higher Court The Judge then points out however that since the commencement of this action the United States supreme court has handed down two opinion which he must follow One is the case and the other the case cose of Smith vs St Louis Southwestern Railway company Continuing Judge Beatty says These decisions do not say nay that a federal court may ay not in such cases entertain Jurisdiction for the purpose of determining the good faith both of the law and Its enforcement and while in the one case it is said that such a law cannot be made a mask to shield shielda a violation of the interstate commerce constitutional provision in both there 3 C an intimation that when the law upon its face is one to prevent the spread of diseases in the state the State officers may be relied upon to in good faith enforce it in justice tt tb all At any rate in the two cases the laws and their enforcement by state officers were sustained and such laws and such enforcement thereof were strong In exclusion of foreign stock as asis asis is the law lass in the case under consideration tion It must follow therefore that this law may be enforced by the state officers that the complaint does not state a cause of action of which this court may take jurisdiction and the demurrer therein is sustained |
