St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-29
CoNTAGIoN MUST BE CURBED.
People Who Allow Infected Cat
tie to Run at Large Liable for
IN

tie to Run at Large Liable for
Damages.
WASHINGTON, Jan. 2S.-The supreme
court of the United States to-day rem
dered an opinion of considerable i'm
portance to cattle men of the West in
the case of p. c. Kimmish, plaintiff in
error, VS.. Joseph l.. Ball and Henry
Tinken. The case involved the consti-
nationality of statute of Iowa, making
person havingin his possession within
the state any Texas cattle, which have
not been wintered Forth of the southern
bOundry of Missouri and Kansas, liable
for any damages that may accrue from
allowing them to run at large and
thereby spread what is called Texas
fever. The two judges in the circuit
court of the United States for the south
ern district of Iowa, were divided in
opinion, and the case was sent here
for final decision with the record
showing that the case had been de-
cided against the plaintiff on the
ground that the Iowa statute was an
interference with interstate commerce.
and also in violation of the constltu-
tional provision giving citizens of the
several states all the privileges and i'm
munities of citizens of any state. The
supreme court holds that the Iowa stat
ute is not in conflict with the paramount
authority of congress to regulate inter-
state commerce. IL is unable to see
that the statute has anything so do with
such commerce, The case, as it is, is
rot one of a restriction Of commerce,
but simply requirement that whoever
permits diseased cattle to run at large
shall be liable for any damages Occa
stoned thereby, and the court entertains
not the slightest doubt of the right of a
state to enact such statute 1t fur
ther holds that as citizens of Iowa are
liable under the statute the same as cit
Zens of other states, there is no force in
the objection that the law is contrary to
the clause of the constitution granting
equal rights in the several states to all
citizens of the United States. Opinion
by Justice Field.
SOME IMPORTANT CASES.
Among the other decisions rendered
by the court to-day were:
No. 166. The National Security Bank,
plaintiff in error, VS.. Peter Butler, receiver,
ETC., in error to the United States circuit court
for the District of Massachusetts. Judgment
affirmed with costs and interest. Opinion by
Mr.. Justice BlatchfOTd.
No. 1l33 Frank Ely, appellant, vs. The
New Mexico & Arizona Railway Company ct
al. appeal from the supreme court of Ari-
iona territory. Decree reversed with costs,
and cause remanded with directions to over
rule the demurrer to the complaint, and to
take such further proceedings as may be
consistent with the opinion os this court
Opinion by Mr.. Justice Gray.
No 1850. Josiah Morris, appellant, VS.,
James n. Gllmer. Appeal from the United
States circuit court for the Middle district of
Alabama. Decree reversed with costs, and
cause remanded with directions to dismiss
the bill for want Of jurisdiction, without
costs of that court. Opinion by Mr.. Justice
Harlan.
No. 1925 of 1887. The Western Union
Telegraph Company, appellant VS.. Attorney
General of Massachusetts. Motion to con-
strue degree denied. Announced by Chief
Justice Fuller.
No. 1879. Charles E. Miller ct al, exec
utors, etc., P. E., VS.. Charles B. Richard ct al.
In error to the United States circuit court tor
the Southern district of New York. Judg-
ment affirmed with costs and interest by
divided court Announced by Chief Justice
Fuller.
No. 1853. The Grand Trunk Railway
Company of Canada, P. E., VS.. Albert Ives,
administrator. Motion to dismiss submitted
by Don NJ. Dickinson and Elliott G. Steven
son in support of motion and by E. W. Med
daugh in opposition.