Red "C" Oil Manufacturing Co. v. Board of Agriculture
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NORTH CAROLINA. In the year 1909, North Carolina passed an act for the inspection, under the control of the Board of Agriculture, of all kerosene or other illuminating oils sold, or offered for sale, in the State. (March 8, 1909, Pub. Laws 1909, c. 554, p. 911.) The object of such inspection was'declared to be in order to determine the safety and value of such oils for illuminating purposes.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NORTH CAROLINA. In the year 1909, North Carolina passed an act for the inspection, under the control of the Board of Agriculture, of all kerosene or other illuminating oils sold, or offered for sale, in the State. (March 8, 1909, Pub. Laws 1909, c. 554, p. 911.) The object of such inspection was'declared to be in order to determine the safety and value of such oils for illuminating purposes. A charge of one-half cent per gallon was fixed/which the law declared should be paid to the commissioner of agriculture for…
1Opinion of the CourtChief Justice White
In view of the full reference to and the review of decided cases made by the district judge in the opinion by him delivered, we content ourselves with a comparatively brief discussion of the questions pressed at bar.
These all come to two propositions, which are. thus stated by counsel:
“1. That the North Carolina Oil Inspection Act is unconstitutional and void in that, under the guise of exercising a police power, the General Assembly of North Carolina is really attempting to impose a revenue tax upon interstate commerce.
“2. That the said inspection act is unconstitutional, in that the General…
2Cases cited8 opinions
- United States v. GrimaudSupreme Court of the United States · 1911
- Buttfield v. StranahanSupreme Court of the United States · 1904
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Ellis v. United StatesSupreme Court of the United States · 1907
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3Cited by117 opinions
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- Panama Refining Co. v. RyanSupreme Court of the United States · 1935
- Phillips v. CommissionerSupreme Court of the United States · 1931
- Sproles v. BinfordSupreme Court of the United States · 1932
- Savage v. JonesSupreme Court of the United States · 1912
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