Neer v. State Live Stock Sanitary Board
North Dakota Supreme Court
Action to restrain the killing of a diseased horse. Appeal from the District Court of McKenzie County, Honorable Frank Fisk, Judge. Judgment for defendant. Plaintiff appeals. To permit the destruction of the property here in question would amount to the taking of property without due process of law, and that the legislative act so authorizing is unconstitutional. Martin v. Tyler, 4 N. D. 278, 25 L. R. A. 838, 60 N. W. 392; Comp.
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Action to restrain the killing of a diseased horse. Appeal from the District Court of McKenzie County, Honorable Frank Fisk, Judge. Judgment for defendant. Plaintiff appeals. To permit the destruction of the property here in question would amount to the taking of property without due process of law, and that the legislative act so authorizing is unconstitutional. Martin v. Tyler, 4 N. D. 278, 25 L. R. A. 838, 60 N. W. 392; Comp. Laws 1913, §§ 2687, 2688. The board created by the selection of three experts to examine animals suspected of disease does not constitute a tribunal nor a court, in…
1ConcurrenceChristianson, J.
In 1884 Congress created the Bureau of Animal Industry. 23 Stat. at L. 31, chap. 60, Comp. Stat. § 850, 1 Fed. Stat. Anno. 2d ed. p. 406. “Three distinct subjects are embraced by that act. One is the ascertainment through the Agricultural Department of the condition of the domestic animals of the United States, the causes of contagious, infectious or communicable diseases affecting them, the best methods for treating, transport*361ing and earing for animals, the means to be adopted for the suppression and extirpation of such diseases, . . . and to collect such information on those subjects as…
2Cases cited6 opinions
- Reid v. ColoradoSupreme Court of the United States · 1902
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Pearson v. ZehrIllinois Supreme Court · 1891
- Richter v. StateWyoming Supreme Court · 1908
- Crane v. StateCourt of Criminal Appeals of Oklahoma · 1911
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