State v. Rasmussen
Idaho Supreme Court
APPEAL from District Court, Oneida County. The important question involved in this cause is the constitutionality of this legislation. It appears to have been settled and determined by this court in the ease of State v. Duckworth, 5 Idaho, 642, 51 Pac. 456; Territory v. Evans, '2 Idaho, 658, 23 Pac. 115; Railway Co. v. Husen, 95 H. S. 465; Kimmish v. Ball, 129 U. S. 217, 9 Sup. Ct. Eep. 277; Missouri etc. Ry. Go. v. Haber, 169 U. S. 613, 18 Sup. Ct.
Read the full summary
APPEAL from District Court, Oneida County. The important question involved in this cause is the constitutionality of this legislation. It appears to have been settled and determined by this court in the ease of State v. Duckworth, 5 Idaho, 642, 51 Pac. 456; Territory v. Evans, '2 Idaho, 658, 23 Pac. 115; Railway Co. v. Husen, 95 H. S. 465; Kimmish v. Ball, 129 U. S. 217, 9 Sup. Ct. Eep. 277; Missouri etc. Ry. Go. v. Haber, 169 U. S. 613, 18 Sup. Ct. Eep. 488; Henderson v. Mayor, 92 TJ. S. 259. Wherever it is apparent that the legislation was not in good faith to provide for the health or…
1Opinion of the CourtHuston, C. J.
The appellant was convicted of a violation of the provisions of an act of the legislature of Idaho, and the proclamation of the governor issued under and in obedience to the command of said statutes, from which judgment this appeal is taken. The said act is as follows:
“Section 1. Whenever the governor of the state of Idaho haa reason to believe that scab or any other infectious disease of *4sheep 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…
2Cases cited4 opinions
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Missouri, Kansas & Texas Railway Co. v. HaberSupreme Court of the United States · 1898
- Kimmish v. BallSupreme Court of the United States · 1889
- State v. DuckworthIdaho Supreme Court · 1897
3Cited by8 opinions
- McSween v. State Live Stock Sanitary BoardSupreme Court of Florida · 1929
- State v. KellerIdaho Supreme Court · 1902
- State v. McCartyAlabama Court of Appeals · 1912
- State v. . R. R.Supreme Court of North Carolina · 1906
- City of Joplin v. WheelerMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.