| Show AFFAIRS OF THE TIlE WOOL GROWERS I Attorney Moyle Comments on De Do Decision cislon of Supreme Court THE OAS CASE NOW O TENDING Alle That the tue r mill assist of P arts Iro hlll lu in Hut A copy ClY of ot tho tine decision of the Court Cour of the tho United States State which BUS tius US Unlined tallied the Idaho supreme KIH me court In Ii tInts thu Case cage Involving Iho tine exclusIon lon of ot Utah Shed heep tram trains Idaho has been received by Arthur Drown and James Jomel H 11 I Mo Moyle lole le attorneYs for COI lbs Ia IU l rIte Tho opinion of ot tho tIne United States Stales Supreme Court was ns delivered I by Justice and holds that Ihu t the Ihl only qui questIon of Is whether er St I or not hot th Governors cinch and the tine Idaho are arc In II 11 Constitution Tints Tim whIm the Federal plaintiff cited n a case cane against Husen whIch was an act continuous In inn Its anti absolutely a prohibitive during darling of each Ilch year und and was tiLtS held lan to tu be In Inn c with wih tine the Con The opinion reads In part mart The Tho executive of sifter after consultation tho ti C state sheep sheel Inspector anti ex ox wih on of oe the smatter matter found that the lb scab was us epidemic In itt certain local idea hies In Utah and Nevada und and that If It I Iles p from localities wore were moved Into Idaho they would Infection cllon and disease among the Iho sleep of ot the state antI thereupon for tor forbade bade tho tIne Introduction of ot sheep from front sUh awit localities for tor tine the space i of ot sixty da J II it I will wi be perceived that this la lanot II i inot not nol a 1 continuous snot act year ear afi after r year tar ar li respective Irrespective of or any al as to 10 tine the actual facts but Lut Is one onto onton n In every r ry case cast by uy the tine chief executive of ot the Iho state before lul any anny order or r of restraint Is II Issued C C C Tine The fie statute was an nn act of the tine State of ot Idaho contemplating solely the protection of Its Itu own oun sheep sheets fronts from the tha Introduction among I them of an In tt Infectious disease and providing for tor only such lols restrains restraints upon tho the Introduction or Inc sheep front from other states as ns In the Jt of the state was absolutely necessary to 10 prevent tine the spread of dis case e TIne Tho ho net therefore Is very differ Uter BUI cint elt from the one anne presented In vs Husen and Is fairly to bu bo considered a n purely quarantine act and Ind containing within Its lis provisions nothing which Is In II not reasonably appropriate Mr Moyle today tolay In commenting on tine the decisions decision stated Thin Thil case cuse does dols snot not necessarily con conclude elude clude the tine questions Involved between the tine and ant Idaho I aho sheep sheel growers The TIne decision points haunts a distinction between this tithe and tho tIne case Clue that In the former tine the act applied each year while In II tine the tho Idaho case elSO It I vas waa wal supposed only ani exist the tine tu to for tor one ole year Hut since case cape cale was tras commenced tine the governor has each coch year Issued a 1 similar proclamation for tor tine the saline came period snowing the Intent Int nt to 10 snake make tine the appl cation perpetual erp pod and continuous If I we lyon WH to tf add ad to 10 that proof vh what t wo we can now show that Wit the scab Is it I more preva lr int nt In Idaho than Ihan In the tine northern counties of at Utah and the tine express In Intent Intent tent of the tine Idaho officers and sheep growers to keep out Utah sheep from Crom rota tine the public ranges we will wi have mayo shown shon i en ton enough why wh tine the recent decision not apply to tine the existing cases ur sz If to future fulUIo case that we could male make ton for the tine Supreme Court That de sic only upholds the tine constitutionality con of at the tine Idaho law on ann tine the theory that the tIne scab Is epidemic In Utah and not In Idaho but as a n matter of fact fOCI scab Is mote mOle epidemic e In inn Idaho than In Utah and Is not prevalent In Utah II It I Is II alleged In the ease case calo now pending before Judge Jude Beatty Deal that the tine of ot Idaho are aro not acting In good goot faith thit Ihl scab Is snot not epidemic In Utah Ulah and that the sole solo purpose of or the tho Idaho of cers cots and wool rooi growers Is IB to exclude nonresident sheep front from the tine state slate and to It Kive Ie to the Idaho wool grower growers the exclusive privilege g of grazing upon tho tine public domain In that state slate It I was proven nt at before Judge e Beat Deot Beatty ty I that all al the sheep In question were free tree from scab fab and It 1 was also shown nt sit tho the trial that In the tho wool Growers convention held hel In Boise before tho the en enactment of ot this law ono anne of ot tho the problem lem considered was how to exclude foreign sheep The Tine attorneys for tor the Utah wool growers feel confident that when tine the facts facto as ns they now nw exist 1 are arc presented 10 Sf o the Supreme Court of ot the United States Stales tinS the Injunction granted by Judge will wi be affirmed |
