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
interstate pipe line company to local industrial consumers; and that
Illinois was not precluded by the Commodity Exchange Act[1013] from
imposing upon grain exchanges doing business within her borders
regulations not at variance with the provisions of the act or with
regulations promulgated under it by the Secretary of Agriculture. Nor,
it was held by a bare majority of the Court in 1949, did the Motor
Carrier Act of 1935, as amended in 1942,[1014] prevent California from
prohibiting the sale or arrangement of any transportation over its
public highways if the transporting carrier has no permit from the
Interstate Commerce Commission.[1015] The opposed opinions line up most
of the cases on either side of the question.
RECENT CASES NULLIFYING STATE ACTION
On the other side of the ledger appear the following cases, decided
contemporaneously with those just reviewed: one in 1942 in which it was
held that a gas company engaged in the business of piping natural gas
from without the State of Illinois and selling it wholesale to
distributors in that State was subject to the jurisdiction of the
Federal Power Commission under the Natural Gas Act,[1016] and hence
could not be required by the Illinois Commerce Commission to extend its
facilities in the absence of a certificate of convenience from the
Federal Power Commission;[1017] one, in the same year, in which it was
held, by a sharply divided Court, that federal regulation of the
production of renovated butter under the Internal Revenue Code[1018]
prevented the State of Alabama from inspecting, seizing and detaining
stock butter from which such butter was made, some of it being intended
for interstate commerce;[1019] one in 1947 holding that the United
States Warehouse Act, as amended,[1020] must be construed as superseding
State authority to regulate licenses thereunder, and hence overruled the
stricter requirements of Illinois law dealing with such subject as rate
discrimination, the dual position of grain warehousemen storing their
own grain, the mixing of inferior grain owned by the warehousemen with
superior grain of other users of the facility, delay in loading grain,
the sacrificing or rebating of storage charges, retraining desirable
transit tonnage, utilizing preferred storage space, maintenance of
unsafe and inadequate grain elevators, inadequate and ineffectual
warehouse service, the obtaining of a license, the abandonment of
warehousing service, and the rendition of warehousing service without
filing and publishing rate schedules;[1021] one decided the same year in
which it was held that the authority of the Federal Power Commission
under the Natural Gas Act[1022] extended to and superseded State
regulatory power over sales made within a State by a natural gas
producing company to pipe line companies which transported the purchased
gas to markets in other States;[1023] one in 1948, in which a sharply
divided Court held that Michigan law governing the rights of dissenting
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