State v. Galyen

Although brought in the form of a criminal prosecution, this appeal concerns the constitutionality of Neb. Rev. Stat. §§ 54-2113 et seq. (Reissue 1984).

The appellant, Richard Galyen, was convicted of failing to pay a fee of 25 cents per head on cattle sold, as required by the provisions of §§ 54-2113 et seq. Galyen orally moved the Holt County Court, where the action was filed, to dismiss the complaint on the grounds that §§ 54-2113 et seq. violate both Neb. Const, art. VIII and U.S. Const, amend. XIV. The Holt County Court found the statute to be unconstitutional on both grounds and…