, 1869-11-27
TIE TRKAS CATTLE LAW.

tc.esecset-
THE TEXAS CATTLE LAW.
The Legislature of Illinois, at the :,ssiou
u a>':7. passed Law to "preyent the I'm
1...a,ion Of Texas or Cherokee cattle into
the State Of Illinois, which act, however,
~as fouEd to he inadequate for tie object
1r,e,a1es1 The second section OF Il. u net
se.iulred that all such cattle should ot kept
SIP t'y their owuers, and any dAus!'c That
a'Ay accrue from allowing such cs'de to
run At large. and thereby spreading disease
e1u.ne utter cattle, shall be recovered from
the oanrr thereof" Under this section, an
st-s.pn WAS brought in the kendnll tircuit,
-! tri-L before Judge Heaton, 10 recover
.iiana4s+s resulting from disease CONT 4oted
s,s cattle Pastu1ing upon fields over which
Texas cattle hRd been driven OF u,,'-'wed
/. range. The plsintd obta:ue,l
vtr,iict-tte Court sustaining the L.. I'd
.1nw act Contained q section p.uTilng Tor
.te criminal prosecution of persons bring
is6 sach catde into the State; but We are
..t aware that there Was any prosecution
1oder IT.
In the meantime, the Legislature. at ita
Ia-t session. passed new act. which pro-
viJcd that It slau not be lawful for any per-
tou. railroad company, or other corporation
+ r uAs.4l.tion to bring into this State any
1-1a. or Cherokee cattle, except between
Abs frst day Of October and the first day OF
Aarch foliowing-~tbis right to introduce
At tkis time not to be a defence to any ae-
,i,n for injury resulting the1efrom and
:SAs j: shall be unlawful 10 have or oEn Gny
III catt!e Unless brought into the State
within the time mentioned. Persons osfend-
:cs i1 either case to he liable T., indict-
zt.nt, and, upon conviction, to be fined not
il -zee>s Of s1O,0 nor less than $40;
AID. IN t.ldition, may be impriso'- i not
&c. ejiac si1 months. Railroad couduc-
tax.. SCENTS, OF officers Of railroad CON-
lAry, uho hhail haul or ship any o:h cattle
= .,.satlun Of the nc, 10 he deeme in pos
se~siS.. o: the same within the meaning OF
It's A.c,iou defining the crime. The object
cf +L- net is stated
10 re X tie purpose Of preventing the spread
ct f-~ liz rre II d dlsease among nxrite u4,ue Of
", >sA.-, which arise and come from taat class
sA1'e detct!ttd 70 tni. net as Texzk cAtsle sod
+ - =ts1s from drrtHnItnp, from TIC Hots1a,
c1.&-. r. r1ctttes. which, It IS fellevet. Ii cooa
nn4aISa:ti r:on hact Texas and Cherokee catt!e." :"
Ihu GEht case Of criminal prosecution
ur.l.r ibis art wns tried before Judge Gil
LstA-. 1t lielleyi!le, and was concluded
sn NE I'D. j man named TLornbuv
~, indicted for having such cat,lo in his
i,4.~.+nion. which bad BEEN broaght into
.hr >tnte contrary to the provisions Of the
a.. n the Legislature. The report Of the
s'a4r states that defecdants counsel denied
The r'7er II the Legislature to prohibit the
,rs'v,.us,ion OF this kind Of csttf that it
:s.s an usurpaiion Of Congressional
l~--r to rrg71late commerce between the
s4~s+~-: and that the Legislature had no more
I.,~tr to exclude Teas cattle thnn it had
T., ,eAcluas Louisiana sugar or Connecticut
eAxts. The Court declared the Law to be
Unconstitutional, and qAashed tie iadict-
r7tut-
The grounds for The declsi'1. by the
Cu..u are not stated but they can hardly
L. .Lt~r urged by the defendants counsel
11..s Congress has the power to regulate
.a,axps between the States is true but
thai lots not exclude the right Of tho State
to nakc such regulation; it only means
t!aAs where Congress- has made y regula.
t;:n i1eonsiatent with that Of the State,
tLt lsst~r falls Int whe1e Congress has
nsar no regulation, that Of the State To-
II Az. in fun constitutional force. Tha
1.'-Sv To pat. ttis act is to be found in the
E.arzl police force Of the State,
h, which persons and property are sub
}ecs~,i IL all kinds Of restraints aud bur
tr~.a, IL order to secure the general com-
fcr., Lealth. and prosperity Of tho State.
TIA e~n-ssl police power Of the States has
l..n i Affirmed not only by the judiciary Of
GER, State. Int by the Supreme Court oi
H. l'n,,+s States in a ynst variety Of cases.
In .'oole.s Constitutional Law, PIP. So
RI .,y-, there is an interesting compilation
t4 shs sircisions of all the courts on thii
r:;eet Chief Justice Shaw, Of Massa-
ci.>~s,~, stated it 10 he satlel principle
''T Tiy: every holder Of property. hoveye'
~ x.,a.e Aud unqualified may he LIS title
L41.u ~~.,~. +hu implied liability that hi
Gse Il II .l.s1l not Le injurious to the equa
c.y meat If oshsrs having m equal righ
Il. tsr Enjoyment Of theis property" An
u.Lct Judge, discussing the same subject
An,t: :" Thi. police power Of the State e1
t.r.1s to the protection OF the Lives, Limbs
L,.kh, csnntort, and quiet Of ali persons
a,-1 sA~ protection Of all property With
tic State Tho maxim, Enjo: your ow
I,tt1cry In such manner as not to inju1
tl..' u nnother,- governs in nil such case.
lie ,.l,ce power Of the State has bee
= j...t.l tu l'y railsoad and other charte1e
exJufaI:.ius rs yio1ativs of Tint clause {
". err s.rtntinn which forbids State legt
iss"a Violating the obligations Of contract
lut slrye IL q unhuiuity Of the courts
d c:d.rG tEnt all rights and all contracts NJ
e.h3"r: To tLis power, and tie cha1tere
rnn.eSe> Ut cotporatious are subject nj
u4;y to regulations in foroe at the tim
t.ss Ar, tn >ueh new ones as Il State ms
n>ls With a view to the public s'rotectio,
l~al;a. aId safety, and 10 properly qua,
t. Hltr of other individuals and corpor
TN. This vcry point, that State lav
rgs1s~nng and prohibiting and puniAhir
t,t+ sutr.slrction Of articles, the growt
rH1o.. tx manufActure Of other State
arr -" nj, l.e eauhe they are usnrpations
ta.;-.s. Commerce to rcyniate cor
rnzs" a~t~een the Statea, has l,e"n repea
-, r,A...- md has been always oyer1ule
IT, t-ers Of the States TO prol;l / the 8
Il Intoxicating liquors, whether broug
fs,-.. t4Ler StAtes or moi, except under
l>sn.~, has never been questioned. T
a...sr~ T.,nEt of the United States
Tu.rl ~, &c.,) decided that the Pow
~ ''rsrr~s to regulate commercs betwe
ts~s.r,e~ cid not exclude regulations
s!-- ~,a'c~, except 30 far Us they might cot
IL u-r Elc. with those establishe By &C
ans; ard that, consequently, a.s CouGrt
''.1..t undertaken to regulate CONNER
= u4uur~ between the States. law Of n
&s,xr~hire could not be helE Foid whi
f.a~h~a sale in that State Of gin p
t--et.L in uestop. Judge Cooley, after {