Salzenstein v. Mavis

Citations

• 91 Ill. 391

Syllabus

<p>1. Texas and Chebokee cattle—statute unconstitutional. The statute entitled “An.act to prevent the importation of Texas or Cherokee cattle into the State of Illinois,” (Rev. Stat. 1874, p. 141,) so far as it attempts to prohibit the importation of such cattle, and prevent any person in this State from owning or having such cattle in possession between the first days of October and March following, is void, under the constitution of the United States, as interfering with inter-State commerce.</p> <p>2. Former decision—overruled. The case of Yeazel v. Alexander, 58 Ill. 254, holding that the statute to prevent the importation of Texas and Cherokee cattle into this State, etc., was a proper and legitimate exercise of the police power of the State, and not in violation of the constitution of the United States, is overruled.</p> <p>3. Police power op State—must not interfere with commerce. While a State may pass sanitary laws, and laws for the protection of life, liberty, health or property within its borders, and may prevent persons and animals suffering under contagious or infectious diseases, etc., from entering the State, and, for the purpose of self-protection, may establish quarantine and reasonable inspection laws, it may not interfere with transportation into or through the State, beyond what is absolutely necessary for its self-protection. The police power of a State can not obstruct foreign commerce, or inter-State commerce, beyond the necessity of its exercise.</p>