Legal Opinion

Smith v. St. Louis & Southwestern Railway Co.

Supreme Court of the United States

Decided April 22, 1901No. 155PublishedCited by 43 opinions

ERROR TO THE COUET OF CIVIL APPEALS OF THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. This case involves tbe constitutionality of certain quarantine regulations of the State of Texas. The laws of Texas provide for the creation of a Live Stock Sanitary Commission, consisting of three members appointed by the Governor, and prescribe their duty.

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ERROR TO THE COUET OF CIVIL APPEALS OF THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. This case involves tbe constitutionality of certain quarantine regulations of the State of Texas. The laws of Texas provide for the creation of a Live Stock Sanitary Commission, consisting of three members appointed by the Governor, and prescribe their duty. The particular provisions which are material to the case are inserted in the margin.1 The Governor of the State issued the following proclamation: “ Whereas, the Live Stock Sanitary Commission of Texas has this day recommended the adoption…

1Opinion of the Court

Me. Justicio MgKehNa,

after making the foregoing statement, delivered the opinion of the court.

There are other questions in the record besides the Federal *253one, upon which the writ of error is based. They seem not to have been earnestly pressed either in the trial court or in the Court of Civil Appeals. They were not passed on by either court. The Court of Civil Appeals, however, said:

“ It was shown that appellee’s vendors had actual. notice of the quarantine, and that appellant had not. It was also shown that after such notice was brought home to appellant it sought permission of the sanitary…

2Cases cited11 opinions

  1. Leisy v. HardinSupreme Court of the United States · 1890
  2. Railroad Co. v. HusenSupreme Court of the United States · 1878
  3. Henderson v. Mayor of the City of New York Commissioners of Immigration v. North German LloydSupreme Court of the United States · 1876
  4. Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
  5. Scott v. DonaldSupreme Court of the United States · 1897

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3Cited by43 opinions

  1. South Carolina State Highway Department v. Barnwell Bros.Supreme Court of the United States · 1938
  2. SC Hwy. Dept. v. Barnwell Bros.Supreme Court of the United States · 1938
  3. Chemical Waste Management, Inc. v. HuntSupreme Court of the United States · 1992
  4. St. Louis Southwestern Railway Co. v. ArkansasSupreme Court of the United States · 1914
  5. Robertson v. CaliforniaSupreme Court of the United States · 1946

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