44 PROCEEDINGS OF THE BOLL WEEVIL CONVENTION. 



not prohibit the bringing into the State of all Texas cattle. It does not 

 in any true sense prohibit or burden any commerce among the States 

 specifically authorized by Congress; but, for purposes of self-protection 

 only, and in the exercise of its inherent power to protect the property of 

 its people, declared that any corporation or person bringing into the State 

 or driving into or through any County of the State, cattle liable to impart 

 or capable of communicating Texas, splenic or Spanish fever to domestic 

 cattle, should be responsible in damages, etc." 



In Rasmassen vs. Idaho, 181 U. S., 198, the Supreme Court of the 

 United States upheld a statute of the State of Idaho, giving to the Gov- 

 ernor the right, whenever he has reason to believe that the disease known 

 as scab or any other infectious disease of sheep has become epidemic in 

 certain localities of any other State or Territory, to issue his proclama- 

 tion designating such localities and prohibiting the importation into that 

 State of any sheep from such localities, and declared it to be a quarantine 

 regulation. 



It is well to observe, however, that the statute thus upheld did not 

 make an absolute prohibition of the introduction of sheep into the State 

 of Idaho, but merely authorized the Governor "to investigate the condi- 

 tion of sheep in any locality, and, if found to be subject to the scab or 

 any epidemic disease liable to be communicated to other sheep, to make 

 such restrictions on their introduction into the State as shall seem to him, 

 after conference with the State Sheep Inspector, to be necessary/' P. 

 901. 



In that case the Governor of Idaho, acting by virtue of this act of the 

 Legislature of that State, forbade the introduction altogether into the 

 State of sheep from certain localities in other States. The Court, in sus- 

 taining the law of Idaho and the Governor, said, in speaking of the latter : 

 "Whether such restraint shall be total or limited, and for what length of 

 time, are matters to be determined by him upon full consideration of the 

 condition of the sheep in the localities supposed to be affected." P. 201. 

 Another case which is instructive on this subject is Smith vs. St. Louis 

 and Southwestern Railway Company, 181 U. S. 248. 



In Prentice on Police Powers (Ed. of 1894), I find the same principle 

 contended for in the following language, at page u: "Articles in such a 

 condition as tend to spread disease are not merchantable or legitimate 

 subjects of trade or commerce, and the self-protecting power of each 

 State, therefore, may rightfully be exerted against their introduction. * * 

 So also vines exposed to danger from phyloxera, or wheat smitten with 

 the Hessian fly, may be condemned." 



From my examination of the subject I feel convinced that the Legisla- 

 ture of this State has the right to pass such quarantine laws as may be 

 reasonably necessary to prevent the introduction of the boll weevil into 

 the State, and, to that end, if necessary, to exclude from the State cotton, 



