Detweiler

This is an appeal from an order and decree dismissing a bill in equity to enjoin appellees from enforcing the provisions of chapter 115, Idaho Session Laws, 1929.

Appellants are engaged in growing potatoes upon their lands in Twin Falls county, Idaho, and in shipping such product tó mar *76 ket centers outside the state. The act referred to in the bill requires that when potatoes are offered for shipment within or outside of the state they shall be graded as “U. S. Fancy Idaho Potatoes,” “U. S. No. 1 Idaho Selected Potatoes,” “U. S. No. 2 Idaho Potatoes,” “Idaho Potatoes,” or “Cull Potatoes,” and shall be - packed in containers in •conformity with certain prescribed rules. The act further provides that “when potatoes are shipped during the months of July, August and September, they may be packed in branded containers in conformity with the foregoing requirements, or they may be packed- in plain bags at the option of the shipper, and may be shipped without being graded, but potatoes which are not graded must not be shipped in branded bags.”

It is alleged in the bill that potatoes grown in the Twin Falís section of the state mature after' October 1st of each year, while potatoes…