by John Marshall Harlan

“ If any state was ready to co-operate with the commissioner of agriculture, then, by the third section, that officer was authorized to use the money appropriated by congress in sc h investigations and in such disinfection and quarantine measures as were necessary 'to prevent the spread of the disease from one state or territory into another.' While the states were invited to co-operate with the general government in the execution and enforcement of the act, whatever power they had to protect their domestic cattle against such diseases was left untouched and unimpaired by the act of congress. ”

“ A railroad company carrying diseased cattle into a state cannot claim the protection of section 5258, any more than it could when carrying into a state rags known, or which by proper diligence could have been known, to be infected with yellow fever. If the carrier takes diseased cattle into a state, it does so subject for any injury thereby done to domestic cattle to such liability as may arise under any law of the state that does not go beyond the necessities of the case and burden or prohibit interstate commerce. ”

“ Although the powers of a state must in their exercise give way to a power exerted by congress under the constitution, it has never been adjudged that that instrument by its own force gives any one the right to introduce into a state, against its will, cattle so affected with disease that their presence in the state will be dangerous to domestic cattle. ”

“ Justice Field, it said: 'Section 4059, with which we are concerned, provides that any person who has in his possession, in the state of Iowa, any Texas cattle which have not been wintered north, shall be liable for any damages that may accrue from allowing such cattle to run at large, and thereby spread the disease. We are unable to appreciate the force of the objection that such legislation is in conflict with the paramount authority of congress to regulate interstate commerce. ”

“ We must not be understood as saying that this power may be so exerted as to defeat or burden the exercise of any power granted to congress. On the contrary, a state statute, although enacted in pursuance of a power not surrendered to the general government, must in the execution of its provisions yield in case of conflict to a statute constitutionally enacted under authority conferred upon congress ”

“ It appears from the report of the case that one of the grounds of defense was that, at the time of the alleged injuries, the colliding boats were engaged in carrying on interstate commerce under the laws of the United States; and that the defendants, as their owners, were not liable for injuries occurring in navigation through the carelessness of their officers, except as prescribed by congress; and that the acts of congress did not cover the liability asserted by the plaintiff under the statute of Indiana. ”

“ That no railroad company within the United States, or the owners or masters of any steam or sailing or other vessel or boat, shall receive for transportation or transport, from one state or territory to another, or from any state into the District of Columbia, or from the District into any state, any live stock affected with any contagious, infectious or communicable disease, and especially the disease known as pleuro-pneumonia ”

“ So, it has been held that, in the absence of legislation by congress on the subject, a state may prescribe, as a rule of civil conduct, that engineers on railroad trains engaged in the transportation of passengers and freight, including interstate trains, shall undergo an examination by a state board as to their qualifications, before becoming entitled to operate locomotive engines within such state, and that persons employed on railways shall be subjected to like examination with respect to their powers of vision. ”

“ We have seen that the first section of the animal industry act provided for an investigation as to the condition of the domestic animals of the United States, their protection and use, the causes of contagious, infectious, and communicable diseases among them, and the means for the prevention and cure of such diseases. ”

“ After referring to some of the principal cases in which statee nactments had been held void for interfering with the freedom of interstate commerce, the court said that the Indiana statute 'imposes no tax, prescribes no duty, and in no respect interferes with any regulations for the navigation and use of vessels. It only declares a general principle respecting the liability of all persons within the jurisdiction of the state for torts resulting in the death of parties injured. ”

“ It is only leveled against allowing diseased Texas cattle held within the state to run at large.' In reference to the other objection made to the act, the court said: 'There is no denial of any rights and privileges to citizens of other states which are accorded to citizens of Iowa. No one can allow diseased cattle to run at large in Iowa without being held responsible for the damages caused by the spread of the disease thereby ”

“ If the owner or owners or person or persons in charge of said cattle shall show by such certificate or certificates, as shall hereafter be designated by the live stock sanitary commission of the state, that the said cattle had been kept since the first day of December of the previous year west of the twenty-second meridian of longitude west from Washington, and north of the thirty-fourth parallel of north latitue , the provisions of this section shall not apply thereto. ”

“ The act of congress referred to was that of March 30, 1852 (10 Stat. 65, c. 106) , providing for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam. ”