BOWN
v.
WALLING
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Idaho state law provisions prohibiting sheep grazing within two miles of a dwelling house on government lands were challenged as violative of the Fourteenth Amendment's due process and equal protection clauses. The Supreme Court affirmed the lower courts' judgment upholding the validity of the sheep grazing restrictions, finding them constitutional under the reasoning established in the companion case Bacon v. Walker.
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Mr. Justice McKenna delivered the-opinion of the court.
This action was brought in the Probate Court in. and for Elmore County, State of Idaho', 'for the sum of two hundred dollars’ damages sustained by defendant in error by the violation by plaintiffs in error of sections 1210, 1211 of the Revised Statutes' of Idaho. The amended complaint alleged that the offense was committed by plaintiffs,in error by wrongfully' and negligently permitting and allowing their sheep to -graze within two miles of the 'dwelling house of defendant in error and upon the Government-, lands around his premises. The defense, set .up' by demurrer, was, as iri Bacon v. Walker, ante, p. 311, that those sections were void,under the due.process and equality clauses of the Fourteenth Amendment of the Constitution of the United States. The trial couft rendered judgment for' the defendant in error, which was affirmed by the District Court for Elmore County and by the Supreme Court of the State. 9 Idaho, 740.
The case was argued with Bacon v. Walker et al., and on the authority of that case the judgment is
Affirmed.
-.Mr. Justice Brewer and-Mr. Justice Peckham dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vill. OF Euclid v. Ambler Realty Co., 272 U.S. 365 (U.S. 1926)
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Hadacheck v. Sebastian, 239 U.S. 394 (U.S. 1915)