General Oil Co. v. Crain

Citations

• 209 U.S. 211
• 28 S. Ct. 475
• 52 L. Ed. 754
• 1908 U.S. LEXIS 1728

Syllabus

<p>Where complainant is entitled to equitable relief against the enforcement by state officers of an unconstitutional state statute, the judgment of the state court dismissing the bill for lack of jurisdiction on the ground that the suit is one against the State gives effect to the statute, denies complainant a constitutional right and is reviewable by this court under § 709, Rev. Stat.</p> <p>A suit against state officers to enjoin them from enforcing a state statute which violates complainant’s constitutional rights either by its terms or by the manner of its enforcement is not a suit against the State within the meaning of the statute of 1873 of Tennessee, denying jurisdiction to the •courts of the State, of suits against the State.</p> <p>Provisions of the Federal Constitution and of the Fourteenth Amendment cannot be nullified by the State prohibiting suits'in its own courts against state officers to prevent their enforcing unconstitutional statutes and contending that the National tribunals are also precluded from entertaining such suits under the Eleventh Amendment.</p> <p>Merchandise may- cease to be interstate commerce at an intermediate point between the place of shipment and ultimate destination; and if kept at such point for the use and- profit of the owners and under the protection of the laws of the State it becomes subject to the taxing and police power of the State. The act of 1899 of Tennessee providing for the inspection of oil is not an unconstitutional burden on interstate commerce as applied .to oil coming from other States and ultimately intended for sale and distribution in other States but meanwhile stored in Tennessee for convenience of distribution and for reshipping from tank cars and barreling.</p>