Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-02-15
LOSS MAY Be
HALF MILLION
Sheep Men Say the Supreme
Court Decision Hits
Them Hard

| The decision from the United States
supreme court published yesterday,
! UNFOLDING the constitutionality of the
state 2-mile limit law, is believed by
the sheep men Of the state to be a
! crushing blow to the sheep industry
in Idaho, says the Boise Statesman of
February 9, which has just arrived
in Lewiston, having been delayed in
transit by floods.
! Inquiry among sheep owners now
in the city show that they regard the
decision as a great financial loss to
themselves.
The Idaho supreme court declared
the law constitutional, and the ap-
peal was taken to the United States
court. Pending this appeal the law
has been loosely enforced. Sheep men
have come to regard it lightly and
others have believed that the United
States court would reverse the de
clsion. so there have been few prose-
cutions.
Regret Taking Action Into Court
The sheep have been allowed to run
much as if there were no such law.
The ranges of the state have been
populated with woolly money! makers
without great protest from the settlers
who did not keep sheep
Now that the highest court has
spoken the sheep interests are BEGIN
ming to wonder why they ever took
the case there at all.
Even with the state courts against
them they had the practical fruits Of
victory so far as the people believed
the higher courts would declare the
law unconstitutional
No Recourse Now.
Some of the more far-sighted ones
tried to fight shy of the court at Wash
mgton, urging that they needed no
more protection than they already
had-a belief that the law would not
mold while they might lose all in a
mai decision. However. the suit was
brought and now there is no reconrse
various estimates are made bv the
Inherent sheep men as to what effect
THIS decision will have on the sheen
industry.
Some OF them believe 1t will effect
the value Of their flocks as much as
dollar head, while others are in
cilneu to be more conservative and
say that so cents would cover the de-
cline.
1,145.ooo Sheep Subject TO Tax.
According to the reports Of last
years assessment, there are 1145 ooo
sneep In the state subject to tax
Even at 80 cents a head this would
mean a depreciation of, 1878 900 in the
value of the focks Of Idaho, through
this decision.
These figures even allowtne IN
cents a head as too large are merriam.
not far out of the way. inasmucb &c
the actual number Of sheen is do,,b.
less much in excess Of the assessed
number
Some active steps are promised in
Tue legislature, in the near future,
looking TO AN appeal or at least =
modification of the law.
1t is expected that a bill will ha
framed shortly, covering the matter
as fully as possible.
Conditions of Decision.
Under the present law sheep owners
are not allowed to pasture their f,ocks
within two miles of a homestead or
possessory claim.
Inc claim in making the law so was
that cattle and horses would nor grape
after sheep. and the sheen cronnino
the grass so closely, were a menace
TO the outlying settlements. because
destroying the feed for horses and
cattle and making it impossible for
settler to stay there without feedine
his stoek-which would be impos-
sible.
In the campaign two years ago one
OF the arguments used against Cover
nor Gooding, at least in the cattle
country was that If elected he would
at once see to passing a law To re-.
peal the 2-mile limit statute.
Not Campaign Issue.
No such bill came up, however and
the newly-made governor let n be
Understood that ~ -.