Legal Opinion

Railroad Co. v. Husen

Supreme Court of the United States

Decided January 18, 1878No. 130PublishedCited by 316 opinions

Error to the Supreme Court of the State of Missouri. An act of the legislature of Missouri, approved Jan: 23,1872* 1 Wagner’s Stat. 251, provides as follows: — “ Section 1. No Tekas, Mexican, or Indian cattle shall be driven or otherwise conveyed' into or remain in any county in-this State, between the. first day of March and the first day of November in each year; by any person or persons whatsoever: Provided, that nothing in this section shall apply to any cattle…

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Error to the Supreme Court of the State of Missouri. An act of the legislature of Missouri, approved Jan: 23,1872* 1 Wagner’s Stat. 251, provides as follows: — “ Section 1. No Tekas, Mexican, or Indian cattle shall be driven or otherwise conveyed' into or remain in any county in-this State, between the. first day of March and the first day of November in each year; by any person or persons whatsoever: Provided, that nothing in this section shall apply to any cattle which'have-been kept the entire previous" Winter in this State: Provided further, that when such cattle shall come across’ the…

1Opinion of the CourtJustice Strong

Five assignments-of error appear in this record; but they', raise only a single question. It' is, whether the statute of-Missouri,, upon which'the action in the State court-was' founded, is in • conflict with the clausa of the Constitution of the United States that ordains; “ Congress shall' have power to regulate commerce-with foreign'nations, and aihong the several States, and.with the Indian tribes.” The statute, approved Jan. 23, 1872, by its first section, enacted-as follows: “No Texas, Mexican, or-Indian.cattle.shall/be -driven or otherwise-conveyed ip to, or reihain, -in any codnty in…

2Cases cited5 opinions

  1. Welton v. MissouriSupreme Court of the United States · 1876
  2. Smith v. TurnerSupreme Court of the United States · 1849
  3. Reading Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
  4. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  5. Yeazel v. AlexanderIllinois Supreme Court · 1871

3Cited by316 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  3. Plessy v. FergusonSupreme Court of the United States · 1896
  4. Lawton v. SteeleSupreme Court of the United States · 1894
  5. The Minnesota Rate CasesSupreme Court of the United States · 1913

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