In re Goddard for a Writ of Habeas Corpus
Nevada Supreme Court
Original proceeding. Application for writ of habeas corpus by Lee Goddard. The sheep commission law (Stats. 1919, c. 82), under which petitioner has been arrested, is unconstitutional because it is contrary to and in violation of section 8, article 1, Constitution of the United States, which provides that Congress shall have power to regulate commerce with foreign nations and among the several states.
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Original proceeding. Application for writ of habeas corpus by Lee Goddard. The sheep commission law (Stats. 1919, c. 82), under which petitioner has been arrested, is unconstitutional because it is contrary to and in violation of section 8, article 1, Constitution of the United States, which provides that Congress shall have power to regulate commerce with foreign nations and among the several states. A state cannot, under the guise of exercising its police power, enact inspection laws which burden foreign or interstate commerce, or which impose upon property or products brought into a state…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This is an original proceeding in habeas corpus, to procure the discharge of the petitioner from the custody of the sheriff of Elko County, who holds him pursuant to proceedings bad upon three separate complaints charging him with violating what is commonly known as the sheep commission law (Stats. 1919, c. 82, p. 134). The statute in question creates the state board of sheep commissioners, which is empowered to make and enforce *132rules and regulations for the quarantining, dipping, or other treatment of sheep. Section 11 of the act provides:
“All sheep which are kept…
2Cases cited9 opinions
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Reid v. ColoradoSupreme Court of the United States · 1902
- Reid v. ColoradoSupreme Court of the United States · 1902
- Asbell v. KansasSupreme Court of the United States · 1908
- In re Arascada for a Writ of Habeas CorpusNevada Supreme Court · 1920
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- Loftus v. Department of Agriculture of IowaSupreme Court of Iowa · 1930
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- State v. HallWyoming Supreme Court · 1920
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