150 ESSENTIALS OF VETERINARY LAW 



unlawful to bring sheep into the state without 

 having them dipped. This was to prevent the in- 

 troduction of certain infectious diseases, but as 

 the statute was worded the dipping had no neces- 

 sary connection with the presence of disease. All 

 sheep must be dipped, and the dipping of sheep 

 which were not infected would increase the cost 

 of the importation. By thus increasing the cost 

 of importation, the value of the sheep already 

 within the state would be increased. This law was 

 therefore considered as not strictly a quarantine 

 regulation, but as a restriction upon interstate and 

 foreign commerce, and therefore as an infringe- 

 ment upon the Constitutional authority of Con- 

 gress.^^ On the other hand, where the act clearly 

 related to quarantine, as where it put restrictions 

 upon cattle coming from infected districts,^^ or 

 where it required an inspection of sheep before 

 permitting them upon the public highways,^ ^ it 

 was upheld. The Idaho law of 1899 provided for 

 the establishment of a sheep quarantine upon 

 proclamation of the Governor. Acting under this 

 law the Governor issued a proclamation for the 

 quarantine of sheep on account of scab. The court, 

 however, held that this was really a restriction of 

 commerce, because in fact there w^as no disease 

 epidemic.^* 



It is evident that the establishment and main- 

 tenance of quarantine may restrict the commer- 



V. Mavis, 91 111. 391; Jarvis v. 53 Rasmussen v. State of 



Riggin, 94 111. 164. Idaho, 181 U. S. 198. 



ci State V, Duckworth, 5 Ida. ^4 Smith v. Lowe, 121 Fed. 



642, 51 Pac. 456. 753. 



C2 Smith V, St. L. & S. W. E. 

 Co., 181 U. S. 248. 



