William Henry Moody,
Asbell v. Kansas — Opinion of the Court
“ Cattle, while in the course of transportation from one state to another, and in that respect under the exclusive control of the law of the national government, may, at the same time, be the conveyance by which disease is brought within the state to which they are destined, and in that respect subject to the power of the state, exercised in good faith to protect the health of its own animals and its own people. ”
William Henry Moody,
Asbell v. Kansas — Opinion of the Court
“ The obvious purpose of the law was to guard against the introduction into the state of cattle infected with a communicable disease. It undoubtedly restricts the absolute freedom of interstate commerce in cattle, but only to the extent that all cattle coming to cross the guarded boundary are subjected to inspection to ascertain whether or not they are diseased. If healthy they are admitted; if diseased they are excluded. ”
William Henry Moody,
Asbell v. Kansas — Opinion of the Court
“ Tested by these principles, the statute before us is an inspection law and nothing else; it excludes only cattle found to be diseased; and, in the absence of controlling legislation by Congress, it is clearly within the authority of the state, even though it may have an incidental and indirect effect upon commerce between the states. The cause, however, cannot be disposed of without inquiring whether there was, at the time of the offense, any legislation of Congress conflicting with the state law. ”
