Idaho Statute Is Sustained

Unlawful to Graze Sheep Within Two Miles of Habitation.

Washington, D.C., Feb. 5.—Owners of sheep in Idaho cannot let them run within two miles of a human habitation, according to a decision rendered in the supreme court of the United States yesterday. The opinion was by Justice McKenna and was handed down in the case of Ormbsy & Brown vs. Enos Walling, all of Idaho.

The suit was instituted by Walling, who complained that, contrary to the state law compelling sheep herders to keep their stock away from private residences, Ormsby & Brown had allowed them to come within the protected area, much to the injury of the range. He asked for damages and the state courts award them.

Old Hard Feelings Recalled.

The case aroused recollections of a time when the feeling between the cattle and the sheep men was intense. When the trial was in progress in Idaho some apprehension was expressed that it might cause a revival of old time enmities, and the members [sic] of the state supreme court who prepared the court’s opinion said even if his judgement was favorable to the sheep men, he would not take the chances of reopening the controversy by deciding in their favor.

Justice McKenna’s opinion affirmed the state court devision [sic], thus upholding the constitutionality of the law. Justices Brewer and Peckham dissented.

Source: Lewiston Evening Teller, February 5, 1907.

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