Edward Douglass White

“ And, again: 'If this power to regulate commerce reaches the interior of a state, and may be there exercised, it must be capable of authorizing the sale of those articles which it introduces. Commerce is intercourse. One of its most ordinary ingredients is traffic. ”

“ The right of the citizen of another state to avail himself of interstate commerce cannot be held to be subject to the issuing of a certificate by an officer of the state of South Carolina, without admitting the power of that officer to control the exercise of the right. But the right arises from the constitution of the United States. It exists wholly independent of the will of either the lawmaking or the executive power of the state. It takes its origin outside of the state of South Carolina, and finds its support in the constitution of the United States. ”

“ The power of the state to inspect an article protected by the guaranties of the constitution, because intended only for use, and which cannot be sold, is, in the nature of things, restrained by limitations arising from the constitutional provisions of a more restricted nature than would be the power to inspect articles intended for sale within the state. ”

“ The control and regulation of foreign and interstate commerce are among the most important powers possessed by the national legislaure, and, as has often been said by this court, were among the most potent causes which led to the establishment of the constitution. The conceded purpose of protecting commerce from hostile action between the states would be defeated if congress could withdraw from the exercise of its powers in such matters, and turn them over to the legislatures of the states. ”

“ A burden imposed by a state upon interstate commerce is not to be sustained simply because the statute imposing it applies alike to the people of all the states, including the people of the state enacting such statute. The people of Minnesota have as much right to protection against the enactments of that state, interfering with the freedom of commerce among the states, as have the people of other states. ”

“ And, conversely, if it be not competent for congress to authorize a state to forbid the importation for use of articles whose use in domestic commerce is lawful, so it would not be competent for congress to authorize a state to forbid the importation for sale of articles whose sale in domestic commerce is lawful. ”

“ In addition, the fact that the present law has omitted the provisions which had been declared unconstitutional excludes the supposition that it was the intention of the new law, by silence on the subject, to perpetuate and reenact the void provisions. It is, moreover, contended that there is an express discrimination found in the present statute, which was not referred to in Scott v. Donald, the provision in question being one which authorizes the use by a resident of South Carolina of wine or liquor made by him for such purpose. ”

“ Upon the receipt of said sample, the said chemist shall immediately proceed to test the same; and, if it be found to be pure and free from any poisonous, hurtful, or deleterious matters, he shall issue a certificate to that effect, stating therein the name of the proposed consignor and consignee, and the quantity and kind of liquor proposed to be imported thereunder, which certificate shall be dated and forwarded by said chemist, postpaid, to the proposed consignor at his place of business. ”

“ But it is obvious that this argument is unsound, as the inspection of a sample sent in advance is not in the slightest degree an inspection of the goods subsequently shipped into the state. The sample may be one thing, and the merchandise which thereafter comes in another. It is hence beyond reason to say that the law provides for an inspection of the goods shipped into the state from other states, when in fact it exacts no inspection whatever. ”

“ It is inconceivable that the power to authorize this traffic, when given in the most comprehes ive terms, with the intent that its efficacy should be complete, should cease at the point when its continuance is indispensable to its value. ”

“ The said consignor shall cause such certificate to be attached to the package containing the liquor when it is shipped in this state, and no package bearing such certificate shall be liable to seizure or confiscation ”