The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-15

WASHINGTON. Narch f4--En tEe sa-
gsTe ase Gaz5rg today 40 ngsnssn was banded
aagr ~ 5ast.es Marian IN the case q the
Missouri, Kansas & Texas railway vs..
ssazrs4.s Eara@r afslrrr5sng the e9EIstttz-
sisszsz.sfy ard validity Of tze state laws 90
Kansas. Prohibiting TIE trsrgportatsg-s sn.o
tae sfAss sf eattse areaE%z5 Ssth sls@ Texas
fever. ard ssro*tdang s8r e etv9i acstsE fer
SsH.agzs Is case Of at lsfractioa CO the
laE.
These iaRs were attacked or tie ground
that sAsy we're gepugnauE TO the cOExt4tu-
iloa Of fhr United States. and also CD the
grouse that domestic Cattle were saSs-
clsnsiy protested by Fsd@Txs laws. and by
regulations - TIRE agricultural department
gnsier the aer establishing the bureau of
animal industry Referring 10 this latter
coasentIen. Justice Harlan sad
The sst ef congress did DOT assume 70
glye any earpoT atloE or person the affirm
atlwe rixhE 4, transport from GRE state 50
another state e9tsEa t1&t SsTe Liable %
ir3asf o. zpahle ~ communicating con-
saxign or cam nEunsca bic aiseassss. On the
contrary. * was made b. the animal IN
o1sfrg set a saisdegnsanor 20 deliver for
sfat{SIFfst IA tor or 20 transport from 0fae
state 70 sssafner cattle known 10 be affect
Ell with contagious. infectious or eofnnla-
r.cat4ge DISEASES Whether a corporation
transporting. or fhe person causing TO be
transported. from ere state TO aE;ctheE cat
he specified IN the Kansas statute. II L.
ahts IN a civil action f9r such damages az
may b. Sustained by the owners o. dornes-
tic cattle by reason o. the introduction In
TIT. state OF such diseased cattle. liz a sub
jest about which the animal Industry act
could rot assume 20 make any provision
the act does not declare that the reSlia-
rj0gs established by the commissioner OF
agriculture should have the effect 20 ex-
sfnpf from civil liability Gns who. but for
sBkt regulations would EaF. bTrI. Ia Die.
either under the general principles Of laH
~ under some state enactment, for dam
Es@s arising eat Gf tt1s Introduction into 4
state 81 cattle SO affected. And. as VIII BIZ
seen fsoin The reguis lions prescribed by
fae aecrstary OF agriculture, tina; Officer
did TO; assume 10 give protection 10 any
Gre 5g2inst siscn li8DgAfy-
II was also asserted that the local stat
ute vas Inconsistent with the interstate
eommegee law. Or this subject Justice
Harlan said:
The statute OF Kansas is rot. We think.
Isl the meaning OF the constitution nor III
any 4ast sense. regulation OF The CON-
Yreyet grp0ng the states. 1t cannot be
supposed 80 nave heen SO intended even
II rs validity were 10 depend upon ih@ In
tent with .nieh l. was enacted. IL die
not do more than declare. A rule OF ctVll
liability. thai any one driving. shipping or
irsusporliDs of causing 10 be driven.
shipped or transported into or through any
county Ia that state rattle capable OF COM
nunicat.nE Texas. spieuic or Spanish fever
10 domestic cattle should be liable in
damages 10 any II rSons Injured thereby
II was passed ia execution Of power III
project TIE people IN Inc employ gsfs!-f OF
their rights OK property. and TO provide for
sns redress II wrongs within itS limits.
ii also laid down the more general pllE-
s4rie that even IL the subject Of sucll reg
uiatiors made by the state under tbs
law be one that may he taken under the
exclusive control Or congress. established
hy The national legislature. any action
taken BY the gtate tha; does directly inter
fere with rights secured BY the constiiu-
tson ~ the United States or by some valid
ac Of congress must bo respected until
Congress luteryenes