Bacon v. Walker
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF- THE STATE OP IDAHO. The facts are stated in the.opinion. It is'the duty of the.courts.to prevent the exercise of arbitrary and unreasonable discriminations made under the-'color of the police power, though that power from its nature is not susceptible of any exact definition or limitation. It is well settled that the courts will interfere in proper cases.
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ERROR TO THE SUPREME COURT OF- THE STATE OP IDAHO. The facts are stated in the.opinion. It is'the duty of the.courts.to prevent the exercise of arbitrary and unreasonable discriminations made under the-'color of the police power, though that power from its nature is not susceptible of any exact definition or limitation. It is well settled that the courts will interfere in proper cases. Gulf, Gol. & 3: F. By. v. Ellih, 165 U.'S: 150; Lawton v. Steele, 152. U. S. 133/ The exercise of the police power must be confined to the imposition of those restrictions and burdens which ,are -necessary to…
1Opinion of the CourtJustice McKenna
delivered the Opinion .of the court.
This action ’ involves the - validity, under the Constitution of the United States,, of the following sections of the Revised Statutes of the State of Idaho: ■
“Sec. 1210. It is not lawful for any person owning or having charge of the sheep to herd the same, or permit them to be herded on the land or possessory claims of other persons, or to herd the same or permit them to' graze within two miles of the dwelling house of the owner or owners of said' possessory claim.
“Sec.'1211. The owner or agent of such owner of sheep violating' the provisions of the last…
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