Burke v. South Phillips County Co-operative State Grazing District

MR. JUSTICE BOTTOMLY:

I dissent.

Where as here the grazing preferences and privileges had already been established, the duties of the directors of the grazing district in allocating such preference rights for the years 1950, 1951, 1952 and 1953 were simply ministerial.

Courts do not control the discretion of the district Board nor of the Commission, but we have the authority and it is our duty and responsibility to see to it, when brought to our attention, that the discretion of the Board and Commission is exercised within and in accordance with the state law.

The grazing preferences set forth in…