Pierce Butler

“ The human experience embodied in the doctrine of stare decisis teaches us, also, that often it is better to follow a precedent, although it does not involve the declaration of a rule. This is usually true so far as concerns a particular statute whether the error was made in construing it or in passing upon its validity. ”

“ The recognition of the power of the states to regulate commerce within certain limits is a recognition that there are matters of local concern which may properly be subject to state regulation and which, because of their local character, as well as their number and diversity, can never be adequately dealt with by Congress. ”

“ Although the purchase made is of an ocean steamship ticket, the transaction regulated is wholly intrasate-as much so as if the purchase were of local real estate or of local theater tickets. There is no purpose on the part of the state to regulate foreign commerce. The statute is not an obstruction to foreign commerce. It does not discriminate against foreign commerce. It places no direct burden upon such commerce. It does not affect the commerce except indirectly. Congress could, of course, deal with the subject, because it is connected with foreign commrce. ”

“ The licensing and supervision of dealers in steamship tickets is in essence an inspection law. Compare Turner v. Mary land. 107 U.S. 38, 2 S.C.t. 44, 27 L. Ed. 370.
The fact that the sale of the ticket is made as a part of a transaction in foreign or interstate commerce does not preclude application of state inspection laws, where, as here, Congress has not entered the flend, and the state regulation neither obstructs, discriminates against, nor directly burden the commerce. ”

“ If, because of its reasoning, it is thought not to be distinguishable, it should be disregarded. The doctrine of state decisis presents no obstacle. Disregard of the McCall Case would not involve unsettlement of any constitutional principle or of any rule of law, properly so called. ”

“ It found him to be an independent dealer or contractor, 'a free lance' authorized by the several steamship companies 'to sell tickets or orders entitling the persons therein named to passage upon steamers,' but 'with no obligation to any particular company,' except the remit the net amount payable by him to the company for a ticket or order sold. Moreover, the fee imposed by the San Francisco ordinance was an occupation tax, not an inspection fee. Here the Pennsylvania court found that the statute did not produce any revenue. ”

“ The facilities for remitting both cash and steamship tickets are commonly furnished by private bankers of the same nationality as the immigrant. It was natural that the supervision of persons engaged in the business of supplying steamship tickets should be committed by the statute to the commissioner of banking. ”

“ To require that the dealer in tickets be licensed in order to guard against fraud in the local sale of tickets certainly affects interstate or foreign commerce less directly than to provide a test of the locomotive engineer's skill, Smith v. ”

“ The individual immigrant is often an advance . After gaining a foothold here, he has his wife and children, aged parents, brothers, sisters or other relatives follow. To this end he remits steamship tickets or orders for transportation. The purchase of the tickets involves trust in the dealer. ”