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
In 1935, it was held[998] that an order of the New York Commissioner of
Agriculture prohibiting the importation of cattle for dairy or breeding
purposes unless such cattle and the herds from which they come had been
certified by the chief sanitary officer of the State of origin as being
free from Bang's disease, was not in conflict with the Cattle Contagious
Diseases Acts.[999] In 1937, it was ruled[1000] that a Georgia statute
fixing maximum charges for handling and selling leaf tobacco did not, as
applied to sales of tobacco destined for export, conflict with the
Tobacco Inspection Act.[1001] In 1942,[1002] it was held that an order
of the Wisconsin Employment Relations Board which commanded a union, its
agents, and members, to desist from mass picketing of a factory,
threatening personal injury or property damage to employees desiring to
work, obstructing the streets about the factory, and picketing the homes
of employees, was not in conflict with the National Labor Relations
Act,[1003] to which the employer was admittedly subject but which had
not been invoked. An "intention of Congress," said the Court, "to
exclude States from exerting their police power must be clearly
manifested."[1004] In 1943,[1005] the Court sustained the marketing
program for the 1940 California raisin crop, adopted pursuant to the
California Agricultural Prorate Act. Although it was conceded that the
program and act operated to eliminate competition among producers
concerning terms of sale and price as to product destined for the
interstate market, they were held not to conflict with the commerce
clause or with the Sherman Act or the Agricultural Marketing Agreement
Act.[1006] To the contrary, said Chief Justice Stone, speaking for the
unanimous court, the program "is one which it has been the policy of
Congress to aid and encourage through federal agencies" under federal
act.[1007] The case was not one, he further observed, which was to be
resolved by "mechanical test," but with the object in view of
accommodating "the competing demands of the State and national interests
involved."[1008] In 1944,[1009] the Court upheld the right of Minnesota
to exclude from its courts a firm licensed by the National Government to
carry on the business of customs broker because of its failure to comply
with a State statute requiring foreign corporations to obtain a license
to do business in the State. Speaking for the Court, Justice
Frankfurter, again disparaged "the generalities" to which certain cases
had given utterance. Actually, he asserted, "the fate of State
legislation in these cases has not been determined by these generalities
but by the weight of the circumstances and the practical and experienced
judgment in applying these generalities to the particular
instances."[1010] In cases, decided in 1947,[1011] the Court ruled that
Indiana had not violated the Natural Gas Act[1012] by attempting to
regulate the rates for natural gas sold within the State by an
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