City of St. Louis v. Boffinger
Supreme Court of Missouri
Appeal from Si. Louis Criminal Court. The defendant was convicted and fined for a violation of the quarantine ordinance of the city of St. Louis, which is set out in full in the case, of the City of St. Louis v. McCoy, 18 Mo. Rep. 289. He appealed to this court.
Read the full summary
Appeal from Si. Louis Criminal Court. The defendant was convicted and fined for a violation of the quarantine ordinance of the city of St. Louis, which is set out in full in the case, of the City of St. Louis v. McCoy, 18 Mo. Rep. 289. He appealed to this court. The power to regulate commerce is exclusively vested in congress. 9 Wheat. 204. 7 Howard, 283. The transportation of passengers is as much a branch of commerce as the transportation of merchandise. 7 Howard, 405. If this be so, can it be the subject of state or municipal regulation ? Congress has regulated the number of passengers a…
1Opinion of the CourtGamble, Judge
1. Although this case comes entirely within the decision made at the last term of this court, in the case of the City of St. Louis v. McCoy, it may be well again to state the principles upon which the decision rests.
Whatever exclusiveness may be claimed for the power to regulate commerce conferred upon congress by the constitution of the United States, it is conceded, that the power exists in the different states to protect their own citizens against the introduction of diseases by the enactment of quarantine laws, although such laws will inevitably interfere to some extent with commerce. It…
2Cited by12 opinions
- Des Moines Gas Co. v. City of Des MoinesSupreme Court of Iowa · 1876
- State ex rel. Wood v. SchweickardtSupreme Court of Missouri · 1891
- Weaver v. BishopSupreme Court of Oklahoma · 1935
- Pursley v. City of Fort MyersSupreme Court of Florida · 1924
- City of Huron v. CampbellSouth Dakota Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.