Charles Evans Hughes

“ As documented vessels of the United States, motor boats must be marked in a specified manner with their names and home ports. 46 U.S.C. § 46 (46 U.S.C.A. § 46) . All vessels, regardless of tonnage, size, or manner of propulsion, and whether or not carrying freight or passengers for hire (other than public vessels of the United States not engaged in commercial service) , which have on board 'any inflammable or combustible liquid cargo in bulk,' are to be 'considered steam vessels,' and are made subject to the provisions of the statutes relating to such vessels. ”

“ In other words, such intent is not to be implied unless the act of Congress, fairly interpreted, is in actual conflict with the law of the state.'
In Mintz v. Baldwin, supra, the question related to the validity of the requirement of a New York statute that cattle brought into that state for dairy or breeding purposes, and also the herds from which they came, should be certified to be free from Bang's disease by the chief sanitary official of the state of origin. One of the contentions was that the statute conflicted with the federal statute known as the Cattle Contagious Disease Act of 1903. ”

“ To enable the Secretary of Agriculture to prevent the spread of disease among cattle and other livestock, he was authorized to establish regulations concerning interstate transportation from any place where he had reason to believe that diseases existed. ”

“ These vessels were also required to carry life preservers for passengers and, while carrying passengers, to be in charge of a person duly licensed by the federal local board. 46 U.S.C. § 404 (46 U.S.C.A. § 404) . It does not appear that respondents' motor-driven tugs are within the class of vessels which carry freight or passengers for hire.
In 1910, Congress enacted the Motor Boat Regulations Act, 36 Stat. 462 (46 U.S.C.A. § 511 et seq.) . While this statute is applicable to respondents' tugs, so far as it goes, its scope is restricted. ”

“ Wherever such conflict exists, the state legislation must fall. Gibbons v. Ogden, 9 Wheat. 1, 210, 6 L.Ed. 23.
Chapter 200 of the Washington Laws of 1907 is described by the state court as 'a comprehensive and complete code for the inspection and regulation of every vesse' operated by machinery which is not subject to inspection under the laws of the United States.' Rem.Rev.Stat. § 9844; 186 Wash. 589, 590, 59 P. (2d) 373, 374.
It cannot be doubted that the power of Congress over interstate and foreign commerce embraces the authority to make regulations for respondents' tugs. Foster v. ”