Upton v. Felton

KENYON, Circuit Judge.

This ease involves the constitutionality of what is known as the “Cedar Rust Law” of Nebraska passed in 1929 (chapter 2), and amended in 1931 (chapter 1). The material part of the law in question reads as follows: “Any red cedar tree or trees which are or may he ascertained to be the source, harbor or host plant for the communicable plant disease commonly known as ‘orange’ or ‘cedar rust’ of the apple when growing within a radius of two miles of any apple orchard now growing in this State, containing’ 1,000’ or more apple trees, are hereby declared a public nuisance and…