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CHAPTER.8
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Commerce
Defined
"'Commerce' in the sense in which the word is used in the
constitution is co-extensive in its meaning with 'intercourse.'"
Carson River Lumbering Co. v. Patterson (1867), 33 C. 334.
"Term 'commerce' as employed in U.S. Const. Art. I 8, is not
limited to exchange of commodities only, but includes, as well,
'intercourse' with foreign nations, and between states; and term
'intercourse' includes transportation of passengers." People v.
Raymond (1868), 34 C. 492.
"Commerce includes intercourse, navigation, and not traffic
alone." Lord v. Goodall, Nelson & Perkins S. S. Co. (1881), 102
U.S. 541, 26 L.Ed. 224.
Regulation
"Whole doctrine of Brown v. State of Maryland, has been
doubted, and the right of states to regulate their own internal
commerce, and to tax every species of property within their own
jurisdiction--nay more, concurrent power of states over subject of
commerce, is now firmly established by opinion of majority of
judges of Supreme Court of United States." People v. Coleman
(1854), 4 C. 46, 60 Am.D. 581, overruled on another point by People
v. McCreery (1868), 34 C. 432.
"By well-settled rules of construction, right of state to
regulate comerce is concurrent with that of Congress, with
understanding always, that all state regulations, inconsistent with
those of the federal government on this subject, must give way.--"
People v. Coleman (1854), 4 C. 46, 60 Am.D. 581, overruled on
another point by People v. McCreery (1868), 34 C. 432.
"Federal Constitution has vested in general government power
to regulate commerce in all its branches; and this power extends to
every species of commercial intercourse, and may be exercised upon
persons as well as property." Lin Sing v. Washburn (1862), 20 C.
534.
"When Congress, in exercise of its constitutional right, has
by its legislation established regulations of commerce with foreign
nations, and among several states, its authority is paramount and
exclusive, and its enactments supersede all state legislation on
those subjects. Whether states could constitutionally exercise this
power in absence of congressional legislation is not decided."
People v. Raymond (1868), 34 C. 492.