Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-04-23
THE RIGHT TO
QUARANTINE SHEEP
United States Supreme Court Rem
ders an important Decision,
SHEEP INTERESTS INJURED.
seid 20 Govern the Case Now PenHiog
III uIe idaho Court witch VIII
Preclude Glnh Fiock@

Tie sheep men Of Utah will be Keen
IA Interested Ia yesterdays decision OF
tie Dplted States supreme court In the
cyse OF r.. Rasmussen. Involving the
rteht OF oNe state TO quarantine against
the sheep that belong 70 another state
Tpe case was against the state Of IDA
81. which preohided Rssmussen's sheep
winch were IN Boxelder couny, utab
itom being driven into Idaho. II vas
charged that Rasnussen'e sheep we're
diseased and that they came frot'
District where disease was prevalent
Rasmussen carried the case into
the eourte ana lost, 1t vas
then taken 20 the Supreme
court OF Idaho, which sustained the ful,
ing OF the lower court, The case vas
then taken to the United States Su~
pfeme court by ex-senator ArthUr
Brown who made an exhaustive aesu'
mept DefOte that body. But IL did not
avail Anything for the Supreme court
has now decided against Rasmussen,
aud thereon hangs the trouble for the
Utah sheep men, The vital question
With the latter now Is whether this de-
cisi0n covers the case that u now pend,
ms IN the Federal court In Idaho, or
whether there are Facts In the new ease
that are not involved IN the one mat
has first been decided by the supreme
court, AZ 20 that senator Brown Overs
ittile epcouragement
lop. James II Moyle was asked MS
opIniou this morning as to what the
result OF the decisiun would be. He eald
that ne would have 10 see the decision
before he could determine how Jar
reaching Il was, He intimated, how
ever that Il did not hold out much nope
for the Utah sheepmen. u have never
questioned the right Of the state said
he, SO regulate the diseases That eSist
atpons sheep In protecting. us OVID
sheep. But | have contested us rBht
To exclude sheep merely because tney
were pun-resident'' ! have never eon-
tended that Idaho had no right TO quar-
ahtine Utah sheep II It could be esteo-
llshed that the sheep came from q
diatrict where scah prevails eveh II
they themselves were healthy
hut" continued Mr. Moyle, the Gov
erdor OF Idaho has eOught 20 put a ban
uhon the sheep Of Utah, Wyoming ana
NgvlA;h without the proper evidepce
tRG3 they were diseased Nowl claim
thar The Utah sheep are as healthy as
those OF any other etate and tbey
should have the right TO 20 onto the
public domain from one state to anath-
err
Mr. Moyle frankly acknowledged tpat
II the decision Of the Supreme court Is
as Far reaching az It is said TO be, then
the case now pending might
90 against the Utah men. To judge OF
that. however. he would have TO see the
decision. he expressed the hope that
thqre were some asbects m the new
cage that would warrant the court at
Boise In not considering the decision In
the Rasmussen case as one to govern
It's determlnatiou IN the case now be-
fore It.
PERHAPS about the only phase Of he
case that vas not consideted by me
Tinted States Supreme Court. and
which might alter It's ruling, Is me
fact that the Utah sheep and the utab
ranges are practically free from disease.
When the attention OF Senator Brown
was called 10 the decision this morning
ne expressed some surprise, "All ]
have TO say" said he. lis that | an
Very much astonlshed, and the loss to
the sheep interests OF Utah, that viii
result from this decision, | am at this
time unable TO imagine"
10 regard to the hope entertained by
sone that there were come facts In the
new case that we're not covered In the
presentation OF the Rasmussen case to
the supreme court. We'll | d0p't
known" laughed the ex-senator, II Old
the best could. ! offered 10 show apd
ala show that the Utah sheep were as
free from disease az the sheep Of apy
other state, and that the Utah RANGES
were as beautiful as the ranges OF 9th.
or states" "No. sir" he concluded,
"all can say Is that | am very much
astOnlshed al the decision"
SO II seems from this that there Is 20
bearing In the case now pending that
vas not presented TO the supreme coprt
in the Rasmussen case. aud that being
the case. the determination Of the ope
Is likely TO be the determination OF
both. This is far from being welcoh1e
news 10 the sheep men OF this stare,
There are many that Il will strike with
a heavy blow should both cases go the
same way, The government domain IN
Idaho has hitherto proved the salvg~
ton Of thousands Of Utah sheep aud
10 deprive them Of that boon will result
IN losses TO their owners that is almost
impossible 10 compute,