The Taney County republican. (Forsyth, Mo.) 1895-1992, 1898-04-07
State Cattle Quarantine
Regulations Sustained.
United States Supreme Court Declares
Valid State Laws Against tho Intro
duction of Infected Cattle
Liability for damaged under State Laws
held to be Valid.

Editor
As the right of the State Board
Of Agriculture to formulate quaran-
tine regulations under the Statutes
of the State has been questioned, I
herewithin quote, in part. Il decision
of the United States Supreme Court.
This case was taken up from Kansas
and was an action based upon the
cattle quarantine laws Of that State
exactly similar In all material points
to the Missouri regulations and form
ulated under the same authority.
The right of the State to protect
ITS live stock interest by quarantine,
the liability of an offender, and ali
other claims made by the State and
Live Stock Sanitary Commission are
fully sustained bv the court.
Washington, March 14th.,-The
United States Supreme Court today
in All opinion by Justice Harlan in
case of NJ. X. Il L. Il II. Co. vs.. Chas
Ilaver, taken up from Kansas, affirms
the constitutionality and validity Of
state laws prohibiting the trarspor-
taiion into state of cattle afflicted
with Texas fever, snd providing for
civil action for damages in case OF
of the law.
1t was charged that State qmaran-
tine laws were repugnant to the con-
stitu. ion Of the. United States; that
domestic cattle were sufficiently pro-
tcctcd by federal laws and rcgula-
tions Of the United States Depart
raent of Agriculture. Referring to
this latter contention, Justice Harlan
said: "The act Of Congress did not
assume to give any corporation, COM
pany or person the affirmative right
to transport from one state to an
other state, cattle that were liable to
impart or capable of communicating
or infections or comlnni-
cable diseases.
con the contrary it was made by
the animal industry act y misdenican-
or to deliver for transport or
drive from one state to another, cat
tie knows 10 be affected with conta-
gious diseases"
"The act did not assume to make
any provision relating to the civil
of those transporting infect
cattle into another state nor docs it
declare the regulations should have
the effect TO exempt from civil liabl!-
ity one who would have been liable
either under the general principles
of law or under some state enactment
for damages arising out OF the intro
into Il state of cattle SO
Affected"
IL was also charged that the state
cattle quarantine statute was incOn-
sistent with the int rs:atc commerce
law, Justice Hal Ian says:
"Tiiis state law is not in any just
sense Il regulation of commerce
among the states. 1t cannot be sup
posed to have been so intended,
even if it's valid ty depended upon
the intent with which it was enacted
1t dose nothing more than declare as
!. r:le of civil liability that any on.
driving. shipping or transporting or
causing to be driven, shipped or tran
sported into or through any county
in the state, cattle capable of conf
municating Texas. splonic OF Spanish
fever to domistic cattle should be
liable in damages 10 any persons ill.,
iurcd thereby
For the opinion i'll full see Globe
Democrat aud ST. Louis Republic.
Very Respectfully.
j. II. RipTey.