The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-17
Important Case Argued Before the
Wyoming Supreme Court.
GRAZING SHEEP IN TRANSIT
UTAH BAND TAXED WHILE
GOING TO MARKET.
Cattlernen Deeply Interested In This
Decision - Sheepmen Claim the
Law Is In Violation of the In
ter-state Commerce Act-severa1
Interesting Questions Raised.
Especial corrsspondaneeo

Special Correspondence
Cheyenne, Wyo, Oct. 15.-There was
argued before the supreme court Of
the state of Wyoming today a question
of vital interest not only to the state
OF Wyoming, but the neighboring states
and particularly Utah The decision
of The court viii settle the right of the
state to tax large bands of sheep which
are driven through this state every fall.
Aiost OF these sheep come from Utah,
and are driven through Wyoming on
the way to eastern markets.
For several years Wyoming le9isla-
lures have adopted acts authorizing the
taxation of such sheep and many bitter
contests have been Waged in the differ
ent legislatures with reference 10 such
provisions. The 1885 Legislature passed
law making it the duty OF the county
assessor to assess all live stock brought
into the state for the purpose of graz
ing and to collect q fun years tax from
the owners of such live stock.
In 1896 one John Kelley, of Nebraska,
was driving a band of 10. 900 sheep from
Utah To Pine Bluffs. Wyo.. at which
place they were to be loaded on the
cars and shipped to the Chicago mar
ket. O. F. Rhodes, at that time asses
SCR of the county of Laramie, taking
with him q deputy sheriff, demanded
a full years tax from Kelley's agent.
The agent refused to pay the tax.
whereupon Rhodes threatened to seize
enough sheep to satisfy the claim of
the county and sell them. Thereupon
the agent paid the tax, and suit was
Immediately brought against Rhodes
for its recovery.
The district court of Laramie county
reserved the case TO the supreme court
of the state of Wyoming. asking the
opinion of the latter body upon certain
questions of law.
INTER STATE COMMERCE.
In the argument today Mr.. KeHey's
attorney, Secretary of State Bmdick,
insisted that the act of the legislature
of 1898 was void as an Interference with
Interstate commerce, It was claimed
that the sheep were brought into the
state for the purpose of taking them on
their way east to market, and that be-
ing merely in transit through the state,
the provision of the United States cor
stitution denying to the states the right
to tax Interstate commerce applied.
and that the act of the Wyoming legts-
lature was therefore void. The act was
also attacked on the ground that it
took from the owners of property their
property without due process of law,
and was therefore void as being in
conflict with the state and federal con-
stitutions
The county of Laramie, through
County Attorney Breekons, claimed
that the state had the right to adopt
such legislation. 1t was said that the
act merely taxed sheep brought into
the state for the purpose of grazing and
did not, by its terms, include sheep il
transit through the state to some
neighboring state. While Mr. Kelley
claimed that his sheep were merely
brought on hoof through the state of
Wyoming for the purpose of taking
them to market. this claim was con-
troverted by the facts in the case.
The contention Of Kelley that the act
permitted the taking of property with
out due course Of law. was denied. The
constitutional rule was applied in
cases only where the duties of the as
SCISSOR We're judicial in their nature
and not ministerial. So far as the du-
ties of the assessor in the state of Wyo-
ming are concerned, it was said thai
they were purely ministerial, since by
the constitution Of the state the state
beard of equalization has power to fi1
the value Of the sheep, and the only
thing left for the assessor to do is tc
ascertain the number of sheep.
the parties in their arguments, present.
ing propositions which have never baeT
settled by the supreme court of this
state. It was claimed on the argument
by the county that the payment by
Kelley was voluntary payment anG
that no recovery could be had: and
further, that the suit. instead of being
brought against Rhodes as assessor
should have been brought against hin
in his individual capacity The de-
cisions of the court in this case viii
settle to a large extent the validity
OF the act OF the Wyoming legislature
for 1885, concerning which there was
so much discussion. The act of 1875;
was repealed by the 1897 legislature in
bill enacted, which also provided fol-
the taxation of sheep brought into tht
state for the purpose of grazing anc
settling in detail the manner in which
the county officers should proceed il
the collection of the tax
The decision of the court Will b,
awaited with interest by both cattle
men and sheepmen. The cattlemer
maintain that inasmuch as the Sheer
owners not only share the benefits O
the state with other property owners
but that their property ruins the range
nhey should be compelled to pay take!
with other property owners. On TIL,
other hand the sheepmen claim tina
they have the right to take their shee,
to market in whatever manner the
choose, and that while passing through
any given state they are protected +,
the provisions of the United State
constitution relating to Interstate com
MERGE.
The arguments of counsel in the cas-
we're very lengthy and exhaustive. :
the conclusion Of the arguments tn
! court took the matter under advise
ment.
Terrible Deficiency of Wheat Abroad