Territory ex rel. McLean & Co. v. Denver & Rio Grande Railroad
New Mexico Supreme Court
Appeal from the district court of Santa Fe county, before John R. McFie, Associate Justice. This is not an inspection law within the meaning of the exception found in the Constitution of the United States, art. 1, sec. 10, par. 2. All such laws must be subject to the revision and control of Congress.
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Appeal from the district court of Santa Fe county, before John R. McFie, Associate Justice. This is not an inspection law within the meaning of the exception found in the Constitution of the United States, art. 1, sec. 10, par. 2. All such laws must be subject to the revision and control of Congress. Gibbons v. Ogden, 9 Wheat. 1203; Turner v. Maryland, 107 U. S. 38-55; Gibbons v. Ogdon, 107 U. 8. 49-50. All definitions of inspection laws preclude any purpose which can be accomplished by this New Mexico statute. BurrilFs Law Dictionary; Bouvier’s Law Dictionary; Clintsman v. Northop, 8 Cow.…
1ConcurrencePope, J.
(concurring). — While I do not regard as tenable the position of the appellee, that the hides here involved were at the time and place named in the writ, not articles of interstate commerce and that they were thus not within the protection afforded by the interstate commerce clause of the Constitution, I am of opinion that the fee imposed was a valid requirement in the exercise of the police power of the Territory and thus not within the prohibition against the regulation of interstate commerce by the States. The right of the Territory in the exercise of its police power, to exact a proper…
2Cases cited5 opinions
- Western Union Telegraph Co. v. Borough of New HopeSupreme Court of the United States · 1903
- Postal Telegraph-Cable Co. v. TaylorSupreme Court of the United States · 1904
- American Fertilizing Co. v. Board of Agriculture of North CarolinaU.S. Circuit Court for the District of Eastern North Carolina · 1890
- Patapsco Guano Co. v. Board of Agriculture of North CarolinaU.S. Circuit Court for the District of Eastern North Carolina · 1892
- In re RebmanU.S. Circuit Court for the District of Eastern Virginia · 1890