dissenting, with whom THOMAS, J., joins.
This case turns on the interpretation of the phrase “import into” in the enabling legislation. The central dispute is whether “import into” includes cattle intended to be delivered outside Wyoming but transported through the state. I believe the opinion reaches a bad result as a matter of law and policy for it holds that the State of Wyoming must allow the transportation of diseased cattle “into” the State of Wyoming if they are only passing through.
The opinion, citing United States v. Gudger, 249 U.S. 373, 39 S.Ct. 323, 63 L.Ed. 653 (1919) — a case involving transportation of healthy liquor — and United States v. Eighty-five Head of Cattle, 205 F. 679 (D.Mont.1913), holds that all words and phrases involved in the statute and executive order are used in their ordinary and usual sense, i.e., their “plain meaning.” I do not believe the phrase “import into” is accorded its “plain meaning” by the court. The dictionary plain meaning of the word “into” is “indicating place entered,” Webster’s New International Dictionary (2nd ed. 1957), “denoting * * * entrance in respect of a place,” Funk & Wagnalls New Standard Dictionary (1944), and “used to indicate entry,” Random House Dictionary (1966). “Import” is generally defined as “to bring in from a foreign or external source.” Webster’s, supra. If these plain meanings are accepted, Mendicoa violated *1354Wyoming law when the cattle were “transported into” Wyoming, and it was not relevant that they were then “transported through” Wyoming. In other words, it is more consistent with the common usage of the phrase “import into Wyoming” to say it means to bring something across the state line into Wyoming. Not surprisingly, this was apparently the interpretation given by the trial court where Mendicoa was convicted.
I would affirm because I believe the legislature intended and the governor’s proclamation provides that only healthy cattle be brought into the State of Wyoming. I have no problem requiring a health certificate for a product entering Wyoming which may bring with it infectious disease. I cannot help wondering about the states that inspect for diseased plants and fruit at their border. If the fruit is passing through rather than coming to rest, are the states powerless to take this action?