State v. Small

The State of South Dakota and the Livestock Sanitary Board brought this action to enjoin the appellants from failing and refusing to have their cattle tested and from interfering with the testing of appellants’ cattle for brucellosis by the State Livestock Sanitary Board. The trial court entered a permanent restraining order enjoining appellants from preventing, or interfering with, the State Livestock Sanitary Board’s testing of appellants’ cattle for brucellosis. From this order appellants appeal.

Appellants question the constitutionality of SDCL 40-7 on the grounds that the legislature has…