The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-10-21
TO THE HIGHEST TRIBUNAL
Test Case from Colorado Comes Up
in United States Supreme
Court Monday.

~~S" DSSH AZ III \.oI
.orado against Z. II. Reid comes upon
appeal in the United States supreme
court. The action is a test case
brought upon the Protest of the stock.
men against the existing system Of
inspection by tha persons shipping
stock fer which a clean bill of hear,
has been issued by the federal stock
inspectors are required, to submit
their stock to state inspection ALI.
compelled to pay fees to the inspec,
tors. Under existing conditions stock.
men are sometimes required tc, pas.
several state fees on each head of
stock shipped, although a clean health
bill, issued by a federal inspector, &C.
companies the consignment, says the
Denver Republican.
Reid is being backed in his fight by
the National Live Stock association,
and in the case which ONE up ne1.i
Monday William M. Springer, a Wash
ington attorney, and James M. Beck.
assistant attorney general of the Unit
ed States, are of counsel. Officers Of
the association are confident that
Reid's appeal will be sustained, and
that the decision will result in the
adjustment of state stock inspection
bureaus SO far as they concern inter-
state stock shipments. The suit was
first brought in the Arapahoe county
courts, was later appealed to the
United States circuit court of the dis
trict of Colorado and was appealed
from there to the United States SUI
preme court.
interests Stockmen.
The suit attracted much attention
when it was originally instituted, and
has been watched with interest by
stockmen. Reid's arrest was practi-
cally forced on the local officers, as
they desired to avoid a test case. He
was arrested by Robert H. Jones, then
sheriff of Arapahoe county in June,
1901, fer the shipping into the state
1872 head of cattle from Lubbock and
Cochran counties, Texas, without hav-
ing held the stock below the quaran-
tine line created by the state vet
Urinary sanitary board of Colorado,
and without having secured a certifi-
cate or bill of health from an agent or
officer of that board.
Reid was tried and given a Jail SEN
fence, but was released on habeas
corpus proceedings. The brief in the
case, filed by the attorneys for the
National Live Stock association sup
porting Reid's action, is said to in
clude one of the most able and COM
prehensive arguments eve prepared
for the United States supreme court.
The general contention is that federal
authority is supreme, and that the
interstate commerce provisions Of the
constitution make interference by
local authorities untenable. The right
of states to legislate in sanitary mat
tiers in connection with interstate
traffic is acknowledged only when
there has been no federal legislation
covering that point.
In connection with the suit Attor-
ney General Charles G. Post was CIV
a gentle rebuff by United States
Attorney General Knox. Several
weeks ago General Post wrote to the
attorney general at. Washington, stat
ing that the appeal in the case was
about to come up and that he suppos-
ed the United States attorney gener-
ais Office would unite with that of
the state of Colorado in fighting
appeal. A few days later Cen
eral Post received a curt note from
Washington, stating that as the Unit
cd States was already in the fight to
sustain the rights of federal inspec-
tors, and that as Assistant Attorney
General Beck was enrolled among
counsel for Reid, Post could expect
no assistance.
Want Final Decision.
Reid's attorneys have done little to
the case in the lower courts
to have the final struggle
occur in the United States supreme
court so that the matter may be rul-
ed upon to apply in all states. Under
the Colorado law a fee Of 3 cents per
head for inspection is charged by the
state board, this amount going tn
pay the boards expenses. If the Col
orado law is sustained similar laws
may be passed in other states, SO that
person shipping cattle which pass
through 10 states in transit may have
to pay 80 cents fees on every head,
besides being subjected to vexatious