Legal Opinion

Bacon v. Walker

Supreme Court of the United States

Decided February 4, 1907No. 147PublishedCited by 168 opinions

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…

2Cases cited7 opinions

  1. Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
  2. Ohio Oil Company v. IndianaSupreme Court of the United States · 1900
  3. Clark v. NashSupreme Court of the United States · 1905
  4. Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
  5. Offield v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by168 opinions

  1. Noble State Bank v. HaskellSupreme Court of the United States · 1911
  2. Miller v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925
  3. Miller v. SchoeneSupreme Court of the United States · 1928
  4. McKelvey v. United StatesSupreme Court of the United States · 1922
  5. State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911

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