Joseph McKenna

“ The quantities of petroleum products are increased year by year, and the revenue derived by the state will increase over and above the revenue derived in past years, if the enforcement of the act is permitted to continue, and the act is repugnant to article 1, section 10, clause 2, of the Constitution of the United States forbidding states from laying imposts without the consent of Congress upon interstate commerce, except such as may be absolutely necessary for the execution of inspection laws. ”

“ The Cleveland Company is a dealer in petroleum products, and brought this suit to restrain the execution of an act passed by the General Assembly of Ohio may 19, 1915, entitled 'An act to provide for the inspect on of petroleum, illuminating oils, gasoline, and naphtha, and to repeal sections 844 to 868, inclusive, of the General Code' (Ohio Laws, vol. 105, p. 309) . ”

“ The state's cost of interstate inspection is greater than the fees charged therefor. (2) In practical administration, the comparative cost of interstate inspection is ascertainable as distinguished from the cost of intrastate inspection.' It is admitted that these conclusions depend upon an estimate of the evidence, and the District Court adjudged against them The court found that the fees colle ted from July 1, 1915, to June 30, 1920, amounted to $639,057.47 ”