Evening capital news. (Boise, Idaho) 1901-1927, 1917-12-26
SUPREMECOURT
INTERESTED IN
PRIORITY Law

-.
Presenting Appeal Involv-
ing the Constitutionality
of Idaho Statute.
The supreme court of the United
States took unusual interest in the
constitutional question involving the
priority range law which is Of utmost
Importance to the cattle and sheepmen
of Idaho. Attorney General T. A. Wal
tiers returned from Washington, D. c.,
this morning where on behalf of the
state he defended the decision of the
supreme court Of Idaho which held the
priority law constitutional in the case
entitled State versus Secundino Omae-
chevarria. William Healy, an attor-
ney of Boise. also defended the act on
behalf of the stockmen. Shad Hodgin,
of Twin Falls, and Frank E. Prichard.
of Philadelphia, upheld the appeal from
the decision on behalf of the sheepmen.
The question while not entirely new,
presented one striking feature that
seemed to hold the United States SUI
preme courts attention. said Attorney
General Walters. That was the issue
Of federal and state police power.
IMPORTANT TO IDAHO.
Ever since the herding of cattle and
sheep. the question of range has been
a paramount one. For many years this
has been true in Idaho. Each have
claimed their respective right to the
public range. The Legislature of this
state passed law known as section
6S72 of the revised codes which is
called the priority act. 1t permits the
prohibition of sheep from a range that
has been used by cattle and makes
their trespass a misdemeanor.
The case that finally wound up in
the supreme court of the United States
and is now under advisement by that
tribunal. originated in Owyhee county.
Omaechevarria was a sheep herder in
charge of flock of sheep then owned
by r. F. Bicknell, present federal food
administrator for Idaho. He took the
sheep onto a known stock range. was
arrested, convicted in the justice
courts, convicted in the district court
and convicted in the supreme court OF
the state. From the decision of the lat
ter tribunal, the sheepmen interested
In the issue involved, appealed to the
supreme court of the United States.
THINKS LAW WILL BE UPHELD
Attorney General Walters Is conf
uent that omaecheVarrla VIII be con-
Vlcteo IN the supreme court OF the
ohiteu states also ana mat the Idaho
s'atute VIII De held constitutional.
Il believe that when the supreme
court of the United States reviews the
t"o-mlie unit law winch II mas held
constitutional and its decision in the
"aters-Plerce on company case, II
VIII mold that the Idaho statute is con-
stltutional' said Attorney General
"aIters.
CoNi ENIiON OF SHeePMEN.
me counsel for the defendant set ur
as GROUNDS Tor the unconstitutionality
OF the law That the Idaho act is in con-
traVention OF the federal act of Feb
Co. 1888, whlch relates to the right tc
use or enclosed and public domain
Inc latter part or this act provides the
right 10 exclusive use and control OF
any such Enclosure is forbidden. Judge
Holmes remarked when the citation
was given That this statute was hare
TO get around. The second reason why
the Idaho statute is held by the sheep
men TO be nun and void. and presented
TO the supreme court, is that 1t Is Ii
controvention OF section l of the four
teenth amendment to the federal con
stitution, in that 1t permits the takint
of property without due process Of Law
and is SO indefinite and uncertain a.
eftectIVea