Page:United States Reports, Volume 209.djvu/278

 252 OCTOBER TERM, 1907. Aument for Haintlff in Error. 209 U. 8. without having them first inspected, regardless of whther such cattle are infected or are perfectly healthy, is not a proper exercise of the police power. This statute not only interferes with interstate commerce, but also conflicts with the United States statute and the rules and regulations of the Department of Agriculture. In cases of this kind where Congress has legislated on the subject such les lation is exclusive on that subject. The Secretary of Agriculture has the power and authority, under the Federal statute, to promulgate rules and regulations for the transportation of cattle, and he does so, but the State of Kansas steps in and nullifies his orders by the passage of the statute under consideration, or rather attempts to do so. A statute attempting such a thing is unconstitutional and void. Commodities which may lawfully become the subject of purchase, sale or exchange are articles of interstate commerce, within the protection of the commerce clause of the Consti- tution. Le v. Hardin, 135 U.S. 100; $chollenberger v. Penn- sylvania, 171 U.S. i, In re Ware, 53 Fed. Rcp. 783; Dona/d v. Scott, 74 Fed. Rep. 859; Sawtie v. Tenssee, 82 Fed. Rep. 615; In re Schetlin, 94 Fed. Rep. 272; Bennett v. Anerican Exprass Am. St. Pep. 559. A State has not the power to prevent the importation of law- ful subjects of commerce. Cases supra and Ly,9 v. Michan, 135 U.S. 161; Hannibal &c. Ry. Co. v. Hsen, 95 U.S. 465; Bowman v. Chca#o &c. Ry. Co., 125 U.S. 489. In this case defendant brought the cattle in question from the Indian Territory (now Oklahoma) into Kansas and pro- ceedcd with them to the railroad and shipped them. to Missouri. He was engaged in interstate commerce, and was in possession of a lawful subject of interstate comnierce. State v. Duckworth, 51 Pac. Rcp. (Idalo) 456. If the animals with which defendant was charged with bring- ing into the State were not dilated, they were lawful subjects of commerce. It was not charged that they were dia.,k,4; the

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