Kelleher v. Schoene

McDOWELL, District Judge.

This is a suit in equity, commenced January 18, 1926, in which the plaintiff seeks to have the state entomologist enjoined from enforcing the Virginia Cedar Rust Law.

The Statute.

The original statute of March 4, 1914, c. 36 (Va. Acts 1914, p. 49), was copied into the Code of 1919, with the addition merely of section headings and section numbers. Unfortunately some of the questions which must be discussed are of such nature that it is advisable to here insert the provisions of the statute verbatim.

“See. 885. Bed Cedar Trees; Declared Public Nuisance, When. — It shall…