Norman S. Herring, of Douglas, for appellant.
John L. Sullivan, Atty. Gen., Burr Sutter, Asst. Atty. Gen., Perry M. Ling, Asst. Atty. Gen., on the brief.
Stanford, Justice. La Prade, C. J., and Udall, Phelps and De Concini, JJ., concurring.
Appellant brought this class action in the Superior Court asking for a declaratory judgment, as to the applicability of certain statutes, hereinafter enumerated, that have to do with inspection of live stock brought through the port of entry at Douglas, Arizona, against defendants who are members and employees of the Arizona Live Stock Sanitary Board.
[71 Ariz. 28] Appellant is a resident of Cochise County, and a cattle grower and an importer of cattle from Mexico. The controversy arose between this appellant and the appellees because of the claim by the latter that the laws of Arizona require them to inspect all such cattle brought over the International Boundary Line, irrespective of their ultimate destination.
The complaint alleges three different ways by which cattle are imported from Mexico to the United States, and in brief they are:
(1) Importations from Mexico in bond when the cattle are intended to be returned to Mexico. It happens that railroad facilities in Mexico are either non-existent in certain areas or not sufficient to meet the needs for transporting cattle in that Republic to other parts of Mexico and hence the use of highways or railroads, entering United States, to carry said live stock for delivery at a different place in Mexico, is imperative.
(2) Cattle imported from Mexico, destined for points in United States other than Arizona.
(3) Cattle imported from Mexico, destined for some point within Arizona.
It is appellant's claim that U. S. Customs Officials and the U. S. Dept. of Agriculture are in charge while the cattle are driven to the Southern Pacific stock pens, near Douglas, Arizona, three-fourths of a mile from the International Boundary Line; that while so in charge, the cattle are dipped and weighed and placed on board the Southern Pacific cattle cars at said pens; that the cattle are at all times moving in either foreign or ...