D. E. Foote & Co. v. Stanley

Citations

• 232 U.S. 494
• 34 S. Ct. 377
• 58 L. Ed. 698
• 1914 U.S. LEXIS 1381

Syllabus

<p>The Federal Constitution prohibits a Státe from regulating interstate commerce;' but at the same time authorizes it to burden that commerce by the collection of the expenses if absolutely necessary for enforcing its inspection laws.-</p> <p>There is an essential difference between policing and inspection; and a State cannot include the expense of the former as part of the expense of the latter in determining-the amount which it can raise as an inspection tax which affects interstate commerce.</p> <p>As inspection necessarily involves expense, it is primarily for the legislature to determine the amount; and even though the revenue be slightly in excess of the expense the courts should not interfere.</p> <p>There is a presumption that the legislature will reduce inspection fees tp a proper sum if the amount originally fixed proves to be unreasonably in excess of the amount required. Bed “C” Oil Co. v. North Carolina, 222 U. S. 393.</p> <p>Effect must be given by the courts to the provisions of the Constitution; and where it does appear that the amount of inspection fees are disproportionate to the inspection service rendered or include something beyond inspection, the tax must be declared void as obstructing the freedom of interstate commerce.</p> <p>A state statute imposing an inspection tax, the proceeds of which are to be and actually are used partly for inspection and partly for other purposes such as policing state territory, is necessarily void as imposing a burden on interstate commerce in excess of the expenses absolutely necessary for inspection, and so held as to the Maryland Oyster Inspection Tax of 1910.</p> <p>The question of constitutionality of an inspection law depends not only upon whether the excess proceeds of the tax may be used for other purposes, but whether they actually are so used; and it is the duty of the courts to determine whether the tax is excessive and the excess is so used so as to protect citizens against payment of fees not author