Pierce Butler

“ The Congress has complete and paramount authority to regulate foreign commerce and, by appropriate measures, to protect the public against the frauds of those who sell these tickets and orders. The sales here in question are related to foreign commerce as directly as are sales made in ticket offices maintained by the carriers and operated by their servants and employees. The license free and other things imposed by the act on plaintiff in error, who initiates for his principals a transaction in foreign commerce, constitute a direct burden on that commerce. ”

“ Any person carrying on this business without license is declared guilty of a misdemeanor and liable to fine or imprisonment or both. The state Supreme Court declared that the act is one to prevent fraud, and held that it does not require an agent or servant of the steamship companies to have a license, but that plaintiff is not such an agent, and that he occupies a position in the nature of an independent contractor, and is required to obtain a license. ”

“ The act of 1921 provides that no person or corporation, other than a railroad or steamship company, shall engage within the state in the sale of steamship tickets or orders for transportation or shall hold himself out as authorized to sell such tickets or orders without having first procured a license. ”