Louis Brandeis

“ None is well founded. Only a few need to be discussed.
First. Most prominent is the claim that the legislation violates the commerce clause. By its terms, the statute is limited in operation to intrastate commerce. It does not attempt to prohibit or regulate the introduction of cosmetics into the State. It is not directed to manufacturers. It applies only to persons who deal in cosmetics, or apply them, within the State; and the plaintiff does not do so. No doubt the plaintiff will lose its Maine customers unless its preparations may be sold there ”

“ The requirement of due process of law is amply safeguarded by Section 2 of the statute, which provides: 'From the refusal of said department to issue a certificate of registration for any cosmetic preparation appeal shall lie to the superior court in the county of Kennebec or any other county in the state from which the same was offered for registration.' Compare Hagar v. ”

“ It was obviously impossible then to determine whether the fees would prove to be in excess of the administrative requirement, and in this situation it is sufficient if it is shown that the charges are not unreasonable on their face. As was said in Patapsco Guano Co. v. North Carolina Board of Agriculture, 171 U.S. 345, 354, 18 S.Ct. 862, 865, 43 L.Ed. 191, 'If the receipts are found to average largely more than enough to pay the expenses, the presumption would be that the legislature would moderate the charge.' See Red 'C' Oil Manufacturing Co. v. ”