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· 3/15/1917

State ex rel. Collins v. Senatobia Blank Book & Stationery Co.

Citations

  • 115 Miss. 254
  • 76 So. 258

Syllabus

<p>1. Commerce. Interstate commerce. Constitutional provisions.</p> <p>Laws 1916, chapter 135, section 3, prohibiting the letting by boards of supervisors of counties of contracts to furnish the county with blank books, stationery, etc., to any bidder who is a nonresident of the state, who has not a printing plant in the state or who is not a bona-fide resident of the state actually engaged in the printing business is not violative of article 1, section 8 of the Constitution of the United States giving Congress the right to regulate commerce among -the several states, since such provision of the Constitution is not intended to affect contracts which have an indirect or remote bearing on commerce between the state.</p> <p>2. Same.</p> <p>It is only direct interference with the freedom of interstate commerce that brings the case with'in the exclusive domain of federal legislation, the state in the exercise of its police power may make regulations which indirectly affect interstate commerce.</p> <p>3. Constitutional Law. Privileges and immunities.</p> <p>Chapter 135, section 3, Laws 1916, is not violative of Constitution of the United States, article 4, section 2, providing that the citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states, since counties are-mere political subdivisions of the state for the purpose of exercising a part of its powers and may exert only such powers-as are expressly granted to them or necessarily implied from those granted, hence regulation of their contracts is a reguiation of the contracts of the state and no one is entitled to absolute right to contract with the state.</p> <p>4. Constitutional Law. Privileges and immunities. Due process of law. Equal protection of laws.</p> <p>Chapter 135, section 3, Laws 1916, is not violative of the Constitution of the United States, amendment 14(A), providing that ho state shall make or enforce any law which shall abridge the-privilege or immunit

Judges: Sykes

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