Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-10-25
UTAH SHEEpMEN
LOSE IDAHO CASE.
Demurrer Made by Defendants
Sustained by Court,
SUPREME COURT OPINION
Influences DectsIon--FIocks Must be
Graxed In Utah or I'm Idaho Los
cal sheepmen Disappointed.

The famous Idaho-Etah sheep case
which was entitled Jesse M. Smith and
others VS., Thomas q. Lowe, state
sheep inspector Of Idaho and his dep.
utles was decided late yesterday after
noon by Judge Beatty In Boise against
the Utah men The action was the
outcome OF an attempt on the part Of
Idaho officials last spring TO prevent
Utah sheep men from grazing Their
flocks on the public domain In Oneida
county, Idaho. by SELLING them and
holding them under quarantine. The
plaintiffs sought an Injunction to res
train the inspector and his deputies
from enforcing Governor Hunts quar-
antine proclamation and Judge Beatty
OF the federal court. issued limited
restraining order on March Goth last
deciding that holding, clean bills OF
health from the federal sheep inspec-
or was sufficient to entitle Utah sheep
TO Craze on the public domain Of Ida
no, and that the Idaho sheep inspection
law was void from being contrary to
the interstate commerce act" The de-
PENDANTS interposed a demurrer and as
II went TO the merits Of the case the
last decision Of Judge Beatty In favor
Of the Idaho men disposes of It. This
decision practically ends the case for
II was rendered In accordance With two
recent decisions OF the supreme court
Of the United States. II means that
Utah sheep owners must keep their
fiocks altogether in one state or the
other. They can not Craze them at
certain seasons In Utah and during
other seasons In Idaho.
Judge Beatty sets forth In his de-
cision that the right OF citizens OF one
state to drive sheep into another is ad-
nitted, and II is also admitted that
the state In the exercise OF its police
power may establish quarantine regu-
lations. The plaintiffs, however,
claimed that under the gulse OF quar-
antlne the state of Idaho was virtually
denying them their rights according TO
the interstate commercial provision OF
the federal legislation, Judge Beatty
said that the important point In the
case then. is who shall determine when
the state law and its enforcement are
In good faith. and the decision recites
The conditions of the quarantine pro-
clamation and the various other steps
taken before his temporary restrain
ing order and. under Its provisions AS
to the inspection conducted by Messrs.
Love and Mcblrney the tadee says:
"The result OF their inspection was
that the sheep were found practically
free from disease and they were adj
mitted The simple facts In this case
are that the sheep We're not so dis
eased as to Justify their exclusion. To
have excluded them or to have even
encountered their admission by unnec-
essary regulations would not only be a
mistake, but also the denial of the
sacred right which any citizen OF the
government has Of transporting his
property wherever he will. regardless
Of state lines"
Judge Beatty then points out that
.incc the commencement OF this action
At law the supreme court Of the United
States has handed down two opinions
which II is necessary to follow: /. e. In
The Rasmussen case and that Of Smith
vs. the ST. Louis and Southwestern
Railway company. Continuing the
Judge said:
These decisions do not say that a
federal court may not, IN such cases,
entertain jurisdiction for the purpose
Of determining the good faith both Of
the Law and It's enforcement and while
In the one case II Is said that such a
law cannot be made mask to shield
a violation OF the interstate commerce
constitutional provision In both. there
is an intimation that when the law
L. -.