[No. 2050,

March 6, 1918.]

#### ESCHLIMAN v. VERNON et al.

SYLLABUS BY THE COURT.

Chapter 94, Laws 1909, known, as the “Herd Law,” was a constitutional enactment. Scarbrough v. Wooten, 170 Pac. 743, adhered to.

Appeal from District Court, Quay County; Leib, Judge.

Action by D. R. Eschliman against W. R. Yernon and others. Judgment for plaintiff, and defendants appeal.

Affirmed.

■ CatroN & CatroN, of Santa Fe, for appellants.

H. H. McElroy, of Tucumcari, for appellee.

OPINION OF THE COURT.

HANNA, C. J.

This case involves the constitutionality of chapter 94, Laws 1909, known as the “Herd Law.” . *333Tbe trial court beld. tbe act valid, and entered 'judgment lor appellee. Tbe objections urged to tbe act were fully considered by this court in tbe recent case of Scarbrough v. Wooten, 23 N. M. 616, 170 Pac. 743, decided at tbe present term. Adhering to that opinion, tbe judgment in this case will be affirmed; and it is so ordered.

PARKER and Roberts, JJ., concur.