The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1897-12-23
Two Sections Found BY The Hspeeoe
Court to be Invalid.
CONFLICTS WITH CONSTITUTION
Another Measure 81 the Late LAnsntsl ~
Gore GlinmeF1ng.
Statesman.

Statesman.
Sections 6 and IA Of the slsesp IL.
spection law OF 1895, amended By
the last session, were yesterday d.,
clared unconstitutional In an opinion
by the chief justice In the case Of ~
State vs. James Duckworth, from
Oneida county. The case goes Of
entirely on points In which the statute
10 in conflict with. the federal copsti-
tuition. In the lower court TIE de-
fendrnt was convicted aud ansd Tor
bringing sheep into the atate Without
first having them dippslthy : deputy
inspector. An arfeAf - talaa, !.
and the judgmdft u ~ court bssowl~, !
is reversed
The provisions Of the federal con.
stitution with which the act is found
to conflict are section 2, article 4,
The citizens IN each state shall be
entitled to all privileges and immuni-
ties in tile several ststes;'' antl ~
clause Of section 8. article l, !, MAict
gives congress power 20 sssplaas
commerce with sorsiea nAtioas ~
among the several states and viii
Indian tribes.
The opinion says in part: .'Nu.
merous cases involving the construc-
ton Of statutes similar to the one an,
der consideration have been passsa
upon by the supreme court OF Tho
United States. All dscisions frum
that court give to tho commercial
clause Of the federal constitution Z
most liberal and salutary construction.
And all statutes prpfesssdly - police
regulations have not been tested by
the innocent titles they may have,
but by their natural and probable sf-
feet upon interstate commerce, and
II found, in any manner, to harass os
burden such com,nerce, they have
invariably been declared void.
4 "Under the provision Of ssid act
sheep cannot be shipped from wash-
ington or Oregon or from any othss
state over the transportation liaes Ia
this state without frst unloading sucl
sheep and having the proper. dsputy
sheep inspector inspect and dip them.
To illustrates: Sapposing train load
OF sheep are being shipped from Or
egon to Chicago over the Oregon
Short Line railroad. II said acts b
valid the train must be stopped neal
the state line Of Idaho, the sheep In
spected, and, II healthy, dipped by /
deputy sheep inspector once, and, /
! not free from disease, dipped twice
: proper certificate t-lng given 70 th'
8 shipper Of said sheep The trail
may then proceed" ~
t The opinion goes to show that sim
8 liar laws in other states east Of Idah
: would hold the sheep ont = long tim
: and seriously harass aad burden thi
interstate commerce a
The opinion recites section I. show
ing that it, in effect, prohibits th
bringing Of sound sheep into th
state during the winter months, .
i, they cannot be brought in until the
y are dipped, and cannot safely b diI
" ped in winter. Again ewes in Il
Or state need not Is dipped betwes
March 18th or May 18th, though II
Ill fected, but all ewes coming ip
'e the state must be dipped.
"a Continuing, the opinion says: u
At der the guise Of inspection and qua
antine said sections plsce uppscessa,
burdens and restrictions upon brin
Il ing sheep into this state for any pa
ot pose or transporting them throui
"a ., the state to the markets of the ca
and making unnecessary aud prej
dlcial discriminatioas against slse'
y y whose owners may desire to beiI
-. them into the state, and are rspngna
.bs ,s to the provision Of the fsdeeal 90
:s oss stitution." 3f