State ex rel. Lee v. Montana Livestock Sanitary Board

THE HONORABLE JAMES T. SHEA, District Judge:

(sitting in place of MR. CHIEF JUSTICE HARRISON) :

This appeal is taken from a judgment granting respondent Lee’s application for a writ of prohibition commanding the appellant Board to cease its activities in connection with compelling the respondent to present certain of his cattle for brucellosis testing.

Prior to the institution of this action in the district court the Board had, upon petitions ostensibly complying with sections 46-212 and 46-213, R.C.M. 1947, issued its order number 184, declaring Rosebud County a “disease control area.” It…