The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
The application of State inspection laws to imports from outside the
State has been sustained as warranted by local interests and as not
discriminating against out-of-state products, in the following
instances: A North Carolina statute providing that "every bag, barrel,
or other package" of commercial fertilizer offered for sale in the State
should bear a label truly describing its chemical composition, which
must comply with certain requirements, and charging 25 cents per ton to
meet the cost of inspection;[914] an Indiana statute forbidding the sale
in the original package of concentrated feeding stuffs prior to
inspection and analysis for the purpose of ascertaining whether certain
minimum standards as to composition had been met;[915] a Minnesota
statute requiring as a precondition of its being offered for sale in the
State, the inspection of illuminating oil and gasoline;[916] a Kansas
statute forbidding any moving picture film or reel to be exhibited in
the State unless it had been examined by the State Superintendent of
Instruction and certified by him as moral and instructive and not
tending to debase or corrupt the morals.[917] A Minnesota statute, on
the other hand, which forbade the sale in any city of the State of any
beef, mutton, lamb, or pork which, had not been inspected on the hoof
by local inspectors within twenty-four hours of slaughter, was held
void.[918] Its "necessary operation," said the Court, was to ban from
the State wholesome and properly inspected meat from other States.[919]
Also a Virginia statute which required the inspection and labelling of
all flour brought into the State for sale was disallowed because flour
produced in the State was not subject to inspection;[920] likewise a
Florida statute providing for the inspection of all cement imported into
the State and enacting a fee therefor, but making no provision for the
inspection of the local product, met a like fate;[921] as did also a
Madison, Wisconsin ordinance which sought to exclude a foreign
corporation from selling milk in that city solely because its
pasteurization plants were more than five miles away.[922]
STATE PROHIBITION LAWS; THE ORIGINAL PACKAGE DOCTRINE
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account