Show r h ARE federal Court Puts An Injunction On Idaho Inspector E 15 Ti THE CASE A HI AT Ni R I t m Hon Ji J III II Homo Willa HII HIP Ih P iW 10 o 0 i Utah I Ii IV k in ii iiI I J Hon Ilon James H n Moyle in an nb i of several eual days hUll has r home h mo from IJ le thu Ihu winner of 01 an fl Important legal lelal h victory In Iti be behalf Je worth wurth It IN Is INT half het hul of ot s she T intimated at least Iut to thu the wool WOJ Industry dt Of tills this state Home Iome two to or throe three hundred thousand thou Utah sheer BliMp have of ut late Into years ears been heen ranged J during thu tho summer Nummer months In Idaho upon the Iho government IlInd In winter coming coinIng buck Imek Into Utah to live Upon the deserts west of ut thu tho lake rho citizens ot of the Oem Gem State object objectIng 0 lag Ing In to the Iho procedure of ot wool growers gro Nat Hot about to 10 Homo means of preventing tho the Utah from frOin summering on the luxuriant crosses that abound on tho thu ranges or ot O Idaho To accomplish this the tho legislature ai e l n a 1 law authorizing a quarantine sheep with scab from Crom other oth r States State Under thin th statute the governor ot of Idaho recently Issued 11 a P proclamation declaring d a quarantine for tm forty Corly dayH dayN from March larch 9 U 1901 I OI against all nil sheep seeking to enter the tho confines comities of or thu tram tiara Utah anti and Nevada Nova a because e of oC the thu supposed ell existence of this dIn case caNe The Thc law also gives gIveN tho the Inspector Arbitrary powers Mr Moyl claims Insl tm In Iii that It authorizes him bUn to call to his assistance of the citi zon ZOHN of ot the to 10 keep out tho the In Intruding slice shee and to seize and sell simply by giving notice enough of ot o th latter to pay POy rn all expenses In In them from the pro prohibited prohIbited territory Mr 11 r represents the Utah Wool growers grower association n which Is proc practically nt at tho the back of ot this mow move al ol although though h Attorneys Arthur Drown Brown and andl l I II It Roper are lire associated l with him Homo Home of ot the lending attorneys attorney In this thiN I city tilt held the Idaho law to 10 tobo bo ho Invalid und and that nothing could be bedone Ie done Mr 11 Moyle lole however went vent up U Uto to capital unit and by Jy a II lengthy 1 argument Und and thu tho submission lon of ot n a brief citing many authorities succeed succeeded ed oil o on grounds In Ct t ting Judge JUdKO He Beatty tty of ot tile tho United I Federal court for tOI that to favor ably ubly consider onel er the tho proposition and oar I Isue I sue SUI a ft temporary Injunction and re restraining restraining straining order returnable on March MarchY Y 8 when wIlen Mr Nr Ir Moyle lolo will vIll again visit I noise to argue tho tim questions Involved and endeavor to have Judge make tho thu order permanent Following IB Is a 1 copy COllY of ot tho document Now No IV therefore It Is l I ordered f you OU he raid Thomas Thoma 0 1 Lowe John It Thomas David W Jones Janca II 11 11 H An Aft derBon John floe Doe and ond Roe Itoe de tie defend fend nt herein your agents servants y and nail and all nil peron acting by h or under your authority or direction be he are IlIe hereby specially restrained mid cud enjoined from In any way la Inter y v feeing ering with the sheep and ariit herds oC of com corn ll where they now are It H the Intent of ot this thin order that said sheet sheep i remain where they tho now are nrc and that shall remain just OH all o It Iti i now l without any on change what whatever ever other than euch change chon a os as Is III f to preserve sheep from tram f Injury or damage from want vart of t age oJe and nna water It IF It I further ordered that a copy of ot this order certified under the hand I of the th clerk nail and peal eitt of ot this court be Ie serVed nerved on n each aeb of ot the defendants to be restrained thereby there try The Tho constitutional points raised against flu tho law by try Attorney Moyle Morlo are In brief as follows First that flint the not ilet la Is contrary to that laust of at the Constitution of ot the Unit United United United ed States section 8 article 1 which au nu cuP P Congress to 10 regulate commerce between tho tM States Second S That It Is le contrary to section 3 article 4 of ot the Constitution which provides that citizens of each State Khali bo entitled to the protection and Immunities of ot tho citizens of ot the tho Bev el elal al States f Third That It II Is contrary to section 1 article 14 ot of the thai Constitution which provides that no State shall shah make and ond enforce any law which Hhall abridge the privileges s und and Immunities of ot citi citizens citizens zens of ot the United States nor shall any ony 6 State Stale deprive any person or life liberty or ur personal property properly without due Ue pro process process cess celli of oC Q law to deny leny to any person perl on with within in Its jt jurisdiction equal protection of ot otc c the law In InThe The caso ease Is being prosecuted under the title of Jew Tese W Smith and twenty twentynine I nine other Utah sheep men as os plain plaintiffs tiffs against Thomas Thoma O 1 Lowe state Mate sheep Inspector for tor Idaho The Tue mat mattor matter tor ter was wall brought to a n focus by some of ot the Ih above plaintiffs driving their llo hocks ks Into our sister Bl ter State whereupon they the were erE arrested 1 under tho the gover governors goVernors governors nors proclamation If U the tile law In question should bo ho de do declared Mr dr Ir lolo doyle pays 1119 It will result re In great loss lo to 10 o the sheep Nhep Industry cf ot Utah because It will sin sim simply ply III turn thousands thou of ot sheep back on onto to the he dry di where they the will starve stane anti and that Unit too right In the mison Attorney Moyle lole how however however ever over has hilA h no an fors flor n ON to 10 the tho outcome being unfavorable to Interest as ON among the locks seeking to enter Idaho It U iii claimed no scab exists and on therefore te th law can cannot not be made to tobar bill bar them The Thit wool 1001 growers all nil over 2 the northern part of It the State nr nN are anxiously h awaiting the th result of ot the mention us ns their vital Interests are arc at attak stake tak |