Dahnke-Walker Milling Co. v. Bondurant

Citations

• 257 U.S. 282
• 42 S. Ct. 106
• 66 L. Ed. 239
• 1921 U.S. LEXIS 1341

Syllabus

<p>1. A decision of a state court applying and enforcing a state statute of general scope against a particular transaction as to which there was, not merely a claim of a right or immunity under the Constitution, but a distinct and timely insistence that, if so applied to it, the statute was unconstitutional and void, necessarily affirms the validity of the statute when so applied, and the judgment based thereon is therefore reviewable by writ of error under § 237, Jud. Code, as amended by the Act of September 6, 1916. P. 288.</p> <p>2. That the statute, in such case, is not claimed to be invalid in toto and for every purpose is immaterial, since a statute may be invalid as applied to one state of facts and yet valid as applied to another; and a litigant, moreover, can be heard to question a statute’s validity only when, and in so far as it is being, or is about to be, applied to his disadvantage. P. 289.</p> <p>3. The right to review the validity of a state statute under Jud; Code, § 237, is independent of the grounds or reasons on which the state court upholds the validity of the statute. P. 289.</p> <p>4. Where the state court denied enforceability to a contract made by a foreign corporation, upon the grounds that the contract was local in character and that the corporation had not complied with a statute conditioning the right of foreign corporations to do local business, although the corporation insisted that the contract was made in interstate commerce and that the statute, so applied, was therefore unconstitutional, held that the. judgment was reviewable here by writ of error. P. 290.</p> <p>5. Interstate commerce is not confined to transportation from one State to another, but comprehends all commercial intercourse ■between different States and all the component parts of that intercourse. P. 290.</p> <p>6. - Just as, Where goods m one State are transported into another for purposes of sale, the interstate commerce embracés their sale after they reach their de