Hecke

Complaint in equity for permanent injunction. Plaintiff is a corporation engaged in the wholesale butcher business, In the conduct of such business it ships cattle from various points in the state to its slaughterhouse situated in San Francisco. The complaint alleges that its business is interfered with by defendant, the state Director of Agriculture, who, it is charged, enters upon plaintiff’s premises for the purpose of inspecting cattle shipped there to be slaughtered. The cause of action is based upon the theory that the defendant is without power either to make such inspection or to charge fees therefor. A perpetual injunction against such acts together with general relief is prayed for. To this complaint a general denial was interposed. The case was tried upon an agreed statement of facts which show that the defendant, under threat of prosecution of plaintiff in ease of refusal, did enter upon the plaintiff’s premises for the purpose indicated. Defendant sought to justify his right so to do by virtue of the provisions of chapter 678, Statutes of 1917, commonly known as the Cattle Protection Act, and chapter 325, Statutes of 1919, pages 542-546, amendatory thereof.

Plaintiff…