Rasmussen v. Idaho
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. On March 13, 1899, the legislature of Idaho passed an act, the first section of which contains the following: “ Whenever the governor of the State of Idaho has reason to believe that scab or any other infectious disease of sheep has become epidemic in certain localities in any other State or Territory or that conditions exist that render sheep likely to convey disease, he must thereupon, by proclamation, designate such…
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ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. On March 13, 1899, the legislature of Idaho passed an act, the first section of which contains the following: “ Whenever the governor of the State of Idaho has reason to believe that scab or any other infectious disease of sheep has become epidemic in certain localities in any other State or Territory or that conditions exist that render sheep likely to convey disease, he must thereupon, by proclamation, designate such localities and prohibit the importation from them of any sheep into the State, except under such restrictions as, after…
1Opinion of the CourtJustice Bkewee
The judgment of the Supreme Court of Idaho establishes that there is no conflict between this legislation and the constitution of the State, and it is not within the province of this court to review that question. Merchants' &c. Bank v. Pennsylvania, 167 U. S. 461, and cases cited in the opinion.
The single question, therefore, for our consideration is whether this legislation conflicts with the Federal Constitution. Plaintiff in error relies largely on Railroad Company v. Husen, 95 U. S. 465. In that case the validity of an act of the State of Missouri was presented. The act provided that “no…
2Cases cited1 opinion
- Railroad Co. v. HusenSupreme Court of the United States · 1878
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