NORCROSS, District Judge.
Defendant's demurrer presents the question whether a certain regulation of the Secretary of Agriculture, alleged to have been violated, was within powers conferred by Congress.
The information charges that the defendant on September 23, 1925, "unlawfully did knowingly drive a number of cattle, to wit, thirteen cows, on foot from Eldorado County, in the State of California, into Douglas County in the State and District of Nevada, ...
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