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· 10/15/1867

Carson River Lumbering Co. v. Patterson

Citations

  • 33 Cal. 334

Syllabus

<p>Commerce among States.—The several States have no power to pass laws regulating commerce among themselves, but, by the eighth section of the first Article of the Constitution of the United States, that power is vested exclusively in Congress.</p> <p>Idem.—The imposition of an impost in the shape of a toll on logs and lumber floated down a stream from one State into another, for the purpose of raising revenue for the State by which the toll is imposed, is not a police regulation, but is an attempt to regulate commerce.</p> <p>Power of State to impose Toll.—A State has no power to pass a law imposing a toll on lumber and logs floated down a stream from that State into an adjoining State.</p> <p>Note given for Illegal Toll.—A promissory note given for the release of property seized for a toll imposed by a State law on logs and lumber floated down a stream from that State into another State, is without consideration and void.</p>

Judges: Shafter

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