William R. Day

Name: Sligh v. Kirkwood — Opinion of the Court
Author: William R. Day

Sligh v. Kirkwood — Opinion of the Court

Summary

“Sligh v. Kirkwood — Opinion of the Court”, is a work by William R. Day. It explores elements such as shipment, regulation and consumption.

Quotes from Sligh v. Kirkwood — Opinion of the Court (William R. Day)

William R. Day, Sligh v. Kirkwood — Opinion of the Court

“ That Congress has the exclusive power to regulate interstate commerce is beyond question, and when that authority is exerted by the state, even in the just exercise of the police power, it may not interfere with the supreme authority of Congress over the subject; while this is true, this court from the beginning has recognized that there may be legitimate action by the state in the matter of local regulation, which the state may take until Congress exercises its authority upon the subject. ”

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Source: Wikisource

William R. Day, Sligh v. Kirkwood — Opinion of the Court

“ Such articles, it has been declared by this court, are not the legitimate subject of trade or commerce, nor within the protection of the commerce clause of the Constitution. 'Such articles are not merchantable; they are not legitimate subjects of trade and commerce. They may be rightly outlawed as intrinsically and directly the immediate sources and causes of destruction to human health and life. ”

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Source: Wikisource

William R. Day, Sligh v. Kirkwood — Opinion of the Court

“ The limitations upon the police power are hard to define, and its far-reaching scope has been recognized in many decisions of this court. At an early day it was held to embrace every law or statute which concerns the whole or any part of the people, whether it related to their rights or duties, whether it respected them as men or citizens of the state, whether in their public or private relations, whether it related to the rights of persons or property of the public or any individual within the state. ”

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Source: Wikisource

William R. Day, Sligh v. Kirkwood — Opinion of the Court

“ Was it within the authority of the state of Florida to make it a criminal offense to deliver for shipment in interstate commerce citrus fruits,-oranges in this case,-then and there immature and unfit for consumption?
It will be observed that the oranges must not only be immature, but they must be in such condition as renders them unfit for consumption; that is, giving the words their ordinary signification, unfit to be used for food. ”

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Source: Wikisource

William R. Day, Sligh v. Kirkwood — Opinion of the Court

“ The right to preserve game flows from the undoubted existence in the state of a police power to that end, which may be none the less efficiently called into play because by doing so interstate commerce may be remotely and indirectly affected. ”

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Source: Wikisource

William R. Day, Sligh v. Kirkwood — Opinion of the Court

“ We may take judicial notice of the fact that the raising of citrus fruits is one of the great industries of the state of Florida. It was competent for the legislature to find that it was essential for the success of that industry that its reputation be preserved in other states wherein such fruits find their most extensive market. ”

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Source: Wikisource

William R. Day, Sligh v. Kirkwood — Opinion of the Court

“ The shipment of fruits so immature as to be unfit for consumption, and consequently injurious to the health of the purchaser, would not be otherwise than a serious injury to the local trade, and would certainly affect the successful conduct of such business within the state. ”

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Source: Wikisource

William R. Day, Sligh v. Kirkwood — Opinion of the Court

“ The power of the state to prescribe regulations which shall prevent the production within its borders of impure foods, unfit for use, and such articles as would spread disease and pestilence, is well established. ”

William R. Day

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