Robbins v. Shelby County Taxing District

Citations

• 120 U.S. 489
• 7 S. Ct. 592
• 30 L. Ed. 694
• 1887 U.S. LEXIS 1993

Syllabus

<p>Chapter 96, §16, Stats. Tennessee, 1881, enacting that “all drummers and all persons not having a regular licensed house, of business in the Taxing District ‘ of Shelby County,’ offering for sale, or' selling goods, Wares, or merchandise therein by sample, shall be required to pay to the county trustee, thé sum of $10 per week, or $25 per month for such privilege,” applies to persons soliciting the sale of goods on behalf of individuals or firms doing business in another state; and, so far as it applies to them, it is a regulation of commerce among the states-, and violates the provision of the Constitution of the United States which grants to Congress the power to make such regulations. •</p> <p>Interstate commerce cannot be taxed at all by a state, even though the same amount of tax should be laid on domestic commerce, or that which is carried chi solely within the state.</p> <p>The power granted to Congress, to regulate commerce among the states, being exclusive when the subjects are national iu their character, or 'admit only of one uniform system of regulation, the failure of Congress to exercise that power in any case, is an expression of its will that the subject shall be left free from restrictions or impositions upon it by the several states.</p> <p>A state may enact laws which in practice operate to affect commerce among the states — as by providing in the legitimate exercise of its police power and general jurisdiction, for the security and comfort of persons and the protection of property; by establishing and regulating channels for commercial, faculties; by the passage of inspection laws and laws to restrict the sale of articles injurious to health and morals; by the'imposition of taxes upon avocations within its borders not interfering with foreign -or interstate commerce or employment, or with business exerciscd under authority of the Constitution of the United States; and in other ways indicated in the opinion of the court, subject in all cases to