Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-03-23
UTAH SHEEPMEN
ARE VICTORIOUS.
federal Court Puts An Injunction
On Idaho Inspector
TIE CASE HEARD AT BOISE
Hon. lanes u, Movie Returns Homo
with the Pleasing New. 10
Utah Flockmnsiers'

Hon. James II. Moyle after an ap-
sence Of several days, has returned
home from Boise Idaho, the winner
Of an important legal victory in be-
half Of Utah's sheepmen worth, 1t Is
estimated, at least 100000 to the WOOL
industry OF this state
Some two or three hundred Thousand
Utah sheep have Of late years been
ranged during the summer months
in Idaho upon the government lands,
and in winter coming back into Utah
10 live upon the deserts west OF the
lake.
The citizens Of the Gem state object
ing to the procedure Of Utah's wool
growers, set about to devise some
means Of preventing the Utah ilocks
from summcrng on the luxurlant
grasses that abound on the ranges Of
Idaho. TO accomplish this, the state
legislature passed a law authorizing
a quarantine against sheep afflicted
with scab from other States.
Under this statute the governor Of
Idaho recently issued proclamation
declaring a quarantine for forty days
from March 9, 1901 against all sheep
seeking 10 enter the confines of the
state from Utah and Nevada, because
OF the supposed existence OF this dis
ease. The law also gives the sheep
inspector arbitrary powers, Mr., Moyle
claims, In that II authorizes him TO call
III 1gta no gt "A
zens of the State TO keep out the in
trudlng sheen, and TO seize and sell,
simply by giving notice enough OF
the latter TO pay all expenses In
CURED In forcing them from the pro-
hiblted territory.
Mr.. Moyle represents the Utah Wool
growers association which is prac-
ticaily at the back Of this move, al
though Attorneys Arthur Brown and
l.. X. Rogers are associated with him.
Some Of the leading attorneys in this
city held the Idaho quarantine law 10
be invalid, and that nothing could be
done Mr.. Moyle, however, went up
to ldnhos capital, and by lengthy
argument and the submission Of
brief citing many authorities, succeed
ed, on constitutional grounds In get
Federal court for that state 10 favor
ably consider the proposition and ~.
sue a temporary injunction and re-
straining order, returnabe on March
2s when Mr.. Moyle will again visit
Boise to argue the questions involved
and endeavor 10 have Judge Beatty
make the order permanent Following
Is copy of the document:
fbapaq,ra 10 to ,p1aVoI fha
you, the said Thomas @. Lowe, John Il.
Thomas, David w. Jones, b. II. An
derson John Doe and Richard Roe, de-
fendynt herein, your agents servants
and attorneys and all persons acting
by or under your authority or direction
be and are hereby specially restrained
and enjoined from In any way inter-
fering with the sheep and herds Of COM
plainants where they now are. Il being
the intent Of this order that said sheep
shall remain where they now are, and
that everything shall remain Just as Il
now exists. without any change what
ever other than such change as Is
necessary TO preserve such sheep from
injury or damage from want OF pastur-
age and water
III Il further ordered that a copy Of
this order certified under the hand
OF the clerk. and seal OF this court be
served on each Of the defendants TO be
restrained thereby,
The constitutional points raised
against the law by Attorney Moyle are,
In brief as follows.
First, that the act Is contrary 10 that
clause OF the Constitution Of the Unit
ed States, section s, article I, which au-
thorzes Congress 10 regulate commerce
between the States
Second-That II Is contrary 10 section
3. article T. OF the Constitution. which
provides that citizens OF each State
shall be entitled 20 the protection and
immunities Of the citizens OF the sey-
era States.
Third-That II Is contrary 20 section
/, article IL of the Constitution, which
provides that no State shall make and
enforce any law which shall abridge
the privileges and immunltes OF clti-
zens OF the United States, nor shall any
State deprive any person or life, liberty
or personal property without due pro-
cess OF law. 70 deny TO any person with
In its jurisdiction equal protection OF
the law.
The case Is being prosecuted under
the title Of Jesse w. Smith and twenty
nine other Utah sheep men, as plain
tlffs. against Thomas @. Lowe, state
sheep inspector for Idaho. The mat.
ter was brought 10 focus by some
OF the above plaintiffs driving theil
flocks into our sister State, whereupor
they were arrested under the COVER
nor's proclamation.
II the law In question should be de
clared constitutional Mr.. Moyle says Il
win result In great loss 20 the sheeI
industry Of Utah. because II will sim
oily turn thousands Of sheep back on
20 The dry deserts where they vii
starye, and that, too, right in tn,
Landing season. Attorney Moyle. how
ever, has no fears as TO the outcome
being unfavorable TO Utahs interest
as among the tlocks seeking 10 ente
Idaho, II Is claimed no scab exists. anS
therefore the law cannot be made e
bar them, The wool growers all owe
the northern part Of the state ar
anxlously awaiting the result Of tn
litigation as their vital interests are q