PUBLIC OPINION. See Construction of Statutes. PUBLIC PROPERTY. See Constitution of United States, 3, 1. PUNISHMENTS. See Constitution of United States, 4, j; Cruel Punishments. Q. QUARANTINE. See Police Power; Regulation of Commerce, 1, c. R. RAILROADS. See Corporations; Obligation of Contracts, 4. as to regulation of rates, see Corporations, 2; Obligation of Contracts, 4, c. RECORDS. charge is part of record; when opinion of court is part of. Const., § 1631. what is a proper transcript of. Consuls, § 128. REDEMPTION. state laws for, bind federal courts. Const., § 3034. REGULATION. and control of corporations, see Corporations, 2; Obligation of Contracts, 4. REGULATION OF COMMERCE. 1. IN GENERAL. a. Miscellaneous. the object of the provision was to secure commercial freedom between the states, a contract as to commerce is not affected by a subsequent exercise of the regula the provision does not imply a surrender of the state police power, but the latter is difficulties of conflicting state regulations stated. Const., § 1141. the concurrent power of the states and congress, Const., § 1188. See § 1260. analogy of power to lay duties. Const., § 1190. of inspection laws. Const., § 1191. of quarantine laws, and the slave trade act of 1803. Const., §§ 1192-93. does not extend to national matters, or those admitting of a general system existence of, denied. Const., § 1285-90. See §§ 1174–76. cases reviewed on concurrent power. Const., §§ 1370, 1485, 1498, 1512. quære, whether congress may remove paupers, vagabonds, etc., or whether this is state laws must be directly in conflict with commercial power of congress, and not b. Power of congress. not to regulate commerce wholly within a state. Const., §§ 1051, 1161. to regulate the commerce of corporations. Const., SS 1029, 1058. is exclusive; so when the subjects of are national, or admit of a uniform plan. is sovereign, and not wholly conferred by the constitution. Const., § 1068-69. is limited, it seems, by other constitutional provisions as to state power. Const., authorizes legislation to promote foreign or interstate commerce. Const., § 1137. limited by nature of subject, and by police power of state. Const., § 1161. and to intercourse with other states and countries. Const., § 1163. to determine when its full powers shall be used. Const., § 1195. review of cases as to. Const., § 1178. 1 REGULATION OF COMMERCE, IN GENERAL, Power of congress - Continued. is not limited by a compact between states, assented to by it, declaring a river to be free. Const., §§ 1122, 1203-12. to improve rivers and harbors, is undoubted. Const., § 1214. the embargo of 1807 was constitutional. Const., § 1228. whenever the subjects to be regulated are national, or admit of one uniform system of regulation, congressional power is exclusive. Const., § 1261, 1282, 1317-18. 1341, 1380-81, 1391. See § 1485. cases discussed. Const., § 1262. quare, whether congress may regulate fares on interstate railways. Const., § 1267. or remove paupers, etc. Const., § 1312. cannot extend to state internal regulations, or its police power. Const., § 1517. c. Power of the states. act of congress of July 24, 1866, prohibits state telegraph monopolies. Const., § 1040. operation of, not limited to United States military and post roads. Const., $1041. cannot grant monopoly of telegraph lines. Const., §§ 1042, 1044. their police power is not surrendered, but may be exercised to interfere with commerce only for self-protection. Const., § 1084. See §§ 1141, 1292. may control their internal commerce. Const., § 1138, 1291. stated in general. Const., § 1141. superseded by congressional action. Const., § 1148. some powers are exclusive of state action; others may be exercised on non-action of congress; among the latter are regulations of pilotage, ports, dams, bridges, etc. Const., 1171. of the first class are the purchase, sale and exchange of commodities with foreign countries or between the states. Const., § 1177. See $$ 1285, 1287-89. as to these, the non-action of congress is, per se, a declaration of commercial freedom. Id.; § 1383. to exercise rights over navigable rivers, subject to action by congress. Const., § 1215. internal commerce wholly within state power, though carried on upon public waters of the United States. Const., § 1218. may regulate ferries, roads, inspections, etc., so long as laws of congress not directly infringed. Const., § 1221. as to foreign and interstate commerce, the power of congress is exclusive; there is cannot regulate foreign commerce or navigation. Const., § 1301. Const., § 1312. if congress authorizes the importation of liquors, no state can prohibit it. Const., not expressly excluded from exercising commercial power. Const., § 1545. in the absence of commercial regulation by congress the states may pass police, and prohibit sales of articles dangerous to public health or morals. Const., § 1516. was not taken away by the constitution. Laws affecting health, etc., may be passed, though commerce indirectly affected, Const., § 1078, 1274, 1279, 1298. act of New York, for summary removal of persons settling on Indian lands, valid. Const., § 1079. for registration of immigrants from foreign ports, valid. Const., §§ 1251, 1274-83. authorities reviewed. Const., § 1276. being intended to protect her from foreign paupers, is valid. Const., § 1279; but see § 1338. although it seems congress has legislated on the subject. Const., SS 1277, 1282. this case limited and explained. Const., § 1316. the doctrine criticised. Const., § 1335. and denied and limited. Id., § 1316. except to guard against diseases and paupers, a state cannot prohibit immigration of foreigners. Const., § 1295. a state may deny foreigners the right to land unless they give bond against becoming paupers, but cannot exact a tax for every passenger. Const., § 1296; but see $ 1338-40. they cannot exact bond from master against passengers becoming paupers, or commute same by payment of small sum for each. Const., §§ 1253, 1336-37. is one of the means used by a sovereignty for the general good. Const., § 1307 REGULATION OF COMMERCE, IN GENERAL, Power of the states- Continued. the states have retained all that is necessary to their internal government. they may exclude fugitives from justice, paupers or vagabonds. they have no discretion in the exclusion, and can act only in self-defense. and commerce, distinguished. Const., § 1318. states have sole power to determine who are likely to be obnoxious to their citizens. Const., § 1321. they may remove such persons; quære, whether congress may do so. Const., § 1312, 1820. law of California allowing her officer to board foreign immigrant vessel, and exact bond for every person he decides to be or likely to become insane, a pauper, etc., is void. Const.. $ 1254, 1343, 1344. a state may compel railway companies to post table of rates annually and prohibit them from exceeding them. Const.. $ 1348, 1368. the patent laws do not interfere with state power to regulate dangerous occupations. Const.. § 1388. a state may exclude dangerous articles, and thus exclude the products of other states. Const., § 1399. port charges may be valid under. Const., § 1419. duties on tonnage to raise revenue to enforce quarantine laws are void. Const., § 1445. a state cannot, to prevent pauperism and crime, prohibit the importation of liquors authorized by congress. Const., § 1483. but it may prohibit the sale thereof at retail, as the original packages are then broken up, and their character as imports ceases. Const., 1484, 1488, 1489. stated and explained. Const., § 1488. great latitude allowed in the exercise of. Const.. § 1490. but must not interfere with foreign commercial power of congress. SS 1491, 1497. whether treaty stipulations override police power. Const., § 1504. Const., it seems that laws prohibiting sales of liquor on Sunday are valid, even though this might conflict with an importer's sales. Const., § 1508. liquor license laws, how far sustained. Const., §§ 1481-1518. state license fees, see post, 5, 7. depending on non-action of congress. as to exclusive power of congress, see supra, 1, b. how far the states may regulate commerce till congress acts. Id.; Const., SS 1485, 1498. failure of congress to act equivalent to a declaration of freedom of commerce. Const., 1074, 1142, 1379-83, 1177; but see §§ 1485, 1498. in such case the states may pass laws affecting interstate commerce. § 1075. Const., may build dam or bridge on navigable stream before action by congress. Const., SS 1141, 1164-1176, 1287. as to dams and bridges, see infra, 2. act making enrolled vessels ships of the United States, and giving them the exclusive rights of the coasting trade, is such an exercise of the power by congress, that a state cannot give a monopoly of steam navigation. Const.. SS 1160, 1197. carrying on system of harbor improvements is action by congress. Wisconsin v. Duluth, Const., § 1212-13. as no act of congress existed as to Wisconsin river, and no boats licensed or ports established thereon, the state might dam it. Const., § 1223. congressional acts for the survey of, and appropriations for improving a river, but showing an intention not to interfere with obstructions by state, will not prevent state action. Id. assenting to compact declaring freedom of river, and licensing vessels, establishing ports, etc., thereon, amounts to congressional action. Const., § 1241. See § 1229. power of congress to authorize international bridge. Const., § 1242. as to what are concurrent state and national powers, see supra, 1, c. port charges valid, congress not having acted, if not duties on tonnage. Const., § 1419. so of wharfage. Const., § 1427. the mere grant of power to regulate commerce between the states is not an absolute prohibition on the states. Const., § 1485. may regulate charges on domestic railways until congress acts. Const., § 2135. d. What is commerce; what is not. state may tax legacies, when legatee neither resident nor United States citizen. Const., 1024, 1034. exchange and foreign bills, not; state may tax former, and broker dealing in latter. Const., 1025, 1035-37. REGULATION OF COMMERCE. IN GENERAL, What is commerce; what is not - Continued. the telegraph is included in; state cannot lay tax on each message. Const., $ 1028, 1099. See 1039, 1051. instruments of commerce are not, and are taxable as property, or as a trade or business. Const., § 1035. not confined to those instrumentalities known when constitution adopted, but embraces new developments; it includes the telegraph. Const., § 1027-28, 1038, 1099. includes commercial intercourse. Const., §§ 1037, 1183-1201, 1293, 1380. issuing insurance policies is not; states may regulate or exclude foreign insurance company. Const., § 1030, 1059. vesting jurisdiction in federal courts over commerce and navigation, not. Const., $1086. state law prohibiting non-resident from planting oyster beds, not a regulation of. Const., 1091. state may regulate its fisheries, though vessels engaged in coasting trade may be affected thereby. Const., SS 1092, 1093. states might prohibit importation of slaves for sale. Const., § 1095. includes navigation. Const., § 1143, 1183, 1293, 1380. a state may damn the entrance to a tide water marsh and creek, connected with a navigable river, to secure the public health. Const., § 1162, 1174–76. congress may legalize a bridge between two states, as a post-road. Const., §§ 1203, 1204. declaration of freedom of rivers, in compact admitting a state, valid. Const., $1229. includes the transportation of articles of barter or sale. Const., § 1257. law requiring registry of immigrants from foreign port not a commercial, but a police, regulation. Const., § 1251, 1274-83. See § 1316. a state law imposing tax on each passenger landed by master of vessel employed in foreign or coasting service, void. Const., § 1252, 1254-1335. defined and considered. Const., $ 1299, 1318. persons are the subjects of. Const., § 1318, p. 684. e. What is foreign commerce. broker dealing in foreign bills may be taxed by state. Const.. § 1035. congress may prescribe what shall constitute American vessels, character of seamen, etc. Const.. § 1083. California act forbidding exhumation, not void, as applying to removal of dead to may include voyage between ports of a single state, but on the high seas. Const., defined. Const., § 1184. congress may punish conspiracies to destroy property on the high seas. Const., and thefts from vessels. Const., § 1227. the embargo of 1807 was constitutional. Const., § 1228. in peace, in war, and in respect to neutrals, considered. Const., § 1299. it seems that the business of importing is, and that the importer cannot be required to pay a license for selling original packages. Const., § 1470. imports and exports solely relate to, see post, 7. b, c. state liquor license laws. Const., §§ 1481-1518. f. What is interstate commerce; what not. a monopoly of telegraph wholly within a state, but so situated that no other line transportation or communication between persons in one state, not. Const., Const., importation of cattle into a state is; state cannot prohibit or burden it. Const., S 1032, 1062-65. but the police power may be exercised, for self-protection. Const., 1084-65. it is commerce between two or more states. Const., § 1072, 1185. admiralty and maritime jurisdiction are commercial powers; railroads in two or more states are instruments of. Const., § 1072-73. law abrogating common law liability for wrongful exclusion from cars running between two states, void. Const., § 1087. states may provide liability for death on interstate railroad. Const., § 1089. the carriage of goods on river entirely within one state, but destined for other state law requiring owners of public conveyances, on land or water, to afford equal Const., stopping at intermediate ports does not affect interstate character of trip. Const., act of New York, giving steamboat inventor a monopoly of steam navigation on Const.. §§ 1116, 1197. territorial limits of a state. Const., REGULATION OF COMMERCE, IN GENERAL, What is interstate commerce; what not — Con. act of Maine, for exclusive rights on the Penobscot above impassable falls and dams, valid. Const.. § 1121, 1202. internal commerce, though transacted on waters of United States, is not. Const., § 1218. vessel plying between ports of same state not subject to government inspection, though she sometimes carries good from without the state. Id.; but see 1219-20. navigation on public river between ports of same state, is. Const., § 1219. See § 1218. a tax on bills of lading of bullion destined for points beyond, is void. Const., § 1472, p. 801. g. What are exports from state. See post, 7. h. Preferences to ports of one state. state regulation of warehouse charges does not amount to. Const., 1076. laws directly giving preference only prohibited, and not giving incidental preferences. Const.. 1077, 1211. act declaring bridge lawful, which impedes navigation, not a preference. Const., $ 1129. erection of bridge giving one city an advantage over another, not within this provision. Const., § 1210. the power of congress to regulate commerce is hereby limited, and the states are also prohibited to destroy commercial equality as to ports. Const.. $ 1297. object of provision was perfect equality in commerce and navigation, among the states. Const., § 1802. and it limits only the power of congress, and not of the states, as to their domestic affairs. Const., § 1381. laws affecting pilots are not. Const., § 1543. 1. Commerce with Indian tribes. laws of Georgia, assuming control over Indian country, void. Const., § 1080. sale of liquor to Indians may be forbidden by congress. Const., 1081. the decision of the executive and other political departments, that certain tribe exists, followed by the courts. Const., § 1082. congress cannot punish crime on an Indian reservation within a state. Const.. § 505. 2. ON NAVIGABLE WATERS. a. In general. power extends to places and things not wholly within state jurisdiction; a regula tion licensing steamboats does not affect state ferry; includes power to deter mine character of vessels, seamen, etc. Const., § 1083-85, 1183. quære, whether state suing to remove obstruction authorized by congress must not show special damage. Const., § 1131. section 4283, R. S., applies to commerce on high seas, though termini of voyage in a single state. Const., § 1133. as to ports, harbors, pilotage, buoys, beacons, slips, dams, bridges, etc., the states may act, unless congress has acted, and then when not in conflict with such action. Const., SS 1088, 1171, 1177. the power of congress fully includes navigation, except that wholly within a state. Const., § 1183. a law of New York giving inventor of steamboat exclusive right to navigate state waters, conflicting with acts of congress, is void. Const., §§ 1195-97. state may improve river of the United States, but must not interfere with works authorized by congress. Const., § 1225. b. Ships and vessels. local authorities may make regulations for local safety and convenience. as to lights, anchorage, slips, etc., not conflicting with federal law or admiralty jurisdiction. Const., $ 1088, 1369. coasting vessel may not interfere with exclusive right of interstate ferry. Const., § 1090. act of congress for recording mortgages on, and making the record notice, valid. Const., 1094. entire commercial marine within power of congress; state act requiring enrollment before leaving port, void. Const., § 1096. congress may determine what shall constitute American vessel. Const., § 1083. steamers enrolled and licensed, plying between different states, are vessels of the United States. Const., § 1148. and may navigate all navigable waters of the United States. Const., § 1217. state act requiring filing of statement, setting forth name and conditions of ownership of, void. Const., § 1157. state act requiring enrolled vessel engaged in coasting trade to extend equal privileges to colored and white persons, void. Const., §§ 1111, 1142, 1130–58. Coger v. Packet Co., 37 Ia., 145, distinguished. Id. congress has regulated interstate commerce by licensing and enrolling, engaged in coasting trade. Const., §§ 1160, 1197. |