Smith v. Alabama
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OF ALABAMA. The case, as stated by the court, was as follows: This is a writ of error bringing into review a judgment of the'Supreme Court of the State of Alabama, affirming a judgment of the city court of Mobile.
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ERROR TO THE SUPREME COURT OP THE STATE OF ALABAMA. The case, as stated by the court, was as follows: This is a writ of error bringing into review a judgment of the'Supreme Court of the State of Alabama, affirming a judgment of the city court of Mobile. The proceeding in the latter court was upon a writ of habeas corpus sued out by the plaintiff in error, seeking his discharge from the custody of the sheriff of Mobile County, in that State, under a commitment by a justice of the peace upon the charge of handling, engineering, driving, and operating an engine pulling a passenger train upon the…
1Opinion of the Court
llii. Justice MArTirmvs,
after stating the case, delivered the opinion of the court.
The grant of power to Congress in the Constitution to regulate commerce with foreign nations and among the several States, it is conceded, is paramount over all legislative powers which, in consequence of not having been granted to Congress, are reserved to the'States. It follows that any legislation of a State, although in pursuance of an acknowledged power reserved to it, which conflicts with the actual exercise of the power of Congress over the subject of commerce, must give way before the supremacy of the…
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