Asbell v. Kansas
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The facts are stated in the opinion. A statute which prohibits the bringing of cattle into the State without having them first inspected, regardless of whether such cattle are .infected or are perfectly healthy, is not a proper exercise of the police power.
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The facts are stated in the opinion. A statute which prohibits the bringing of cattle into the State without having them first inspected, regardless of whether such cattle are .infected or are perfectly healthy, is not a proper exercise of the police power. This statute not only interferes with interstate commerce, but also conflicts with the United States statute and the rules and regulations of the Department of Agriculture. In cases of this kind where Congress has legislated on the subject such legislation is exclusive on that subject. The…
1Opinion of the CourtJustice Moody
A statute of the State of Kansas makes it a misdemeanor, punishable by fine or imprisonment, or both, for any person to transport into the State cattle from any point south of the south line of the State, except for immediate slaughter, without hav ing first caused them to be inspected and passed as healthy by the proper state officials or by the Bureau of Animal Industry of the Interior Department of the United States. Sec. 27, ch. 495, Session Laws of 1905. The plaintiff in error was duly charged by information in the state court with a violation of this statute, and found guilty by the…
2Cases cited6 opinions
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Minnesota v. BarberSupreme Court of the United States · 1890
- Reid v. ColoradoSupreme Court of the United States · 1902
- Brimmer v. RebmanSupreme Court of the United States · 1891
- Patapsco Guano Co. v. North Carolina Board of AgricultureSupreme Court of the United States · 1898
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3Cited by121 opinions
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Huron Portland Cement Co. v. City of DetroitSupreme Court of the United States · 1960
- Breard v. AlexandriaSupreme Court of the United States · 1951
- Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
116 more not listed; retrieve them via the Exa API.