McDonald v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Tejos. M. Arrington. The appellant, Lorenzo -D. McDonald, was prosecuted for, and found guilty of, a violation of the act entitled “An act to require locomotive engineers in this State to be examined and licensed by a board to be appointed by the Governor for that purpose,” approved Feb. 28, 1887.- — Acts of 1886-7, p. 100. The first section of the act provides, “that it shall be unlawful for the engineer of any…
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Appeal from the City Court of Montgomery. Tried before the Hon. Tejos. M. Arrington. The appellant, Lorenzo -D. McDonald, was prosecuted for, and found guilty of, a violation of the act entitled “An act to require locomotive engineers in this State to be examined and licensed by a board to be appointed by the Governor for that purpose,” approved Feb. 28, 1887.- — Acts of 1886-7, p. 100. The first section of the act provides, “that it shall be unlawful for the engineer of any railroad train in this State to drive or operate or engineer any train of cars or engine upon the main line or road-bed…
1Opinion of the CourtSomerville, J.
— The act of 1886-87, pp. 100-102, requires locomotive engineers in this State to be licensed, after examination as to competency and fitness, by a board authorized to be appointed by the Governor for that purpose. — Acts, 1886-87, pp. 100-102. It is insisted that the act is unconstitutional for several reasons.
The first objection is, that it is a regulation of commerce between the States, and for this reason, violative of the clause of the United States constitution which vests in Congress the power to regulate such commerce.
In our opinion it is a mere internal police regulation, which was…
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