Edward Douglass White

“ Indeed, it must be at once apparent that if the reasoning we are considering were to be entertained, the plenary power of Congress to legislate as to interstate commerce would be at an end, and the limitations preventing state legislation directly burdening interstate commerce would no longer obtain, and the freedom of interstate commerce which has been enjoyed by all the states would disappear. ”

“ And from these generalizations it was concluded that however complete and efficacious was the control of the Constitution of the United States over the obligation resulting from shipments in the proper sense, it was clear that the power of the state was complete over the other class of obligations, those arising from distinct contracts, and hence the act imposing the burden on the contract to collect on delivery did not reach over into the domain of shipment, was independent of the same, and therefore was not repugnant to the commerce clause. ”

“ We say irrelevant suggestions because we are considering here not whether a state statute enacting reasonable regulations to prevent abuses under C. O. D. shipments would be a direct burden upon interstate commerce, but are only called upon to determine whether a statute is repugnant to the commerce clause which expressly asserts the power of the state to forbid all C. O. D. interstate commerce shipments of intoxicating liquors without reference to abuse of any kind or nature in the manner in which said contracts are carried out. ”